The Congress party challenged amendments to the Conduct of Election Rules, 1961, which restrict public access to certain election-related records.

• The amendments were notified on December 20, 2024, by the Union Law Ministry, modifying Rule 93(2)(a).

Conduct of Election Rules, 1961

• The Conduct of Election Rules, 1961, outlines the procedures for conducting elections in India.
• These rules are formulated as per the provisions of the Representation of the People Act.
• Framework for Elections: The rules provide a detailed framework for the entire electoral process.
• They cover aspects such as nomination of candidates, polling procedures, counting of votes, and declaration of results under various sections and rules.
• Ensures Voter Secrecy: The rules include provisions to protect the secrecy of voters and ensure the integrity of the electoral process.
• Specifies Election Officers’ Duties: Specific duties and responsibilities of election officers are defined to ensure smooth conduct of elections.
• Procedures for Addressing Disputes and Complaints: The rules include detailed procedures for addressing disputes and complaints arising during the election process.

About the Amendment

• Rule 93(2)(a) of the 1961 Conduct of Election Rules: The amended Rule 93(2)(a) specifies that only certain election-related papers explicitly mentioned in the rules are open to public inspection.
  • This change addresses ambiguities in the earlier provisions by restricting access to electronic records not explicitly specified, such as forms and observer reports.
• Provision Before the Amendment: Prior to the amendment, all election-related documents, including CCTV footage and video recordings, were open to public inspection without exception.
• Retention of Candidate Access: Despite the restrictions, candidates retain access to all election records, including electronic materials, ensuring they can verify the election process.
• Judicial Oversight: Materials restricted by the amendment can still be accessed through judicial intervention by approaching the courts in specific cases.
• Need of Amendment: To prevent potential misuse of electronic records, including risks to voter secrecy and manipulation using AI

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Issues Raised Against the Amendments

• Erosion of Transparency: Opposition parties argue the changes reduce transparency and accountability in the electoral process.
  • Public access to CCTV footage and video recordings is essential to ensure free and fair elections.
• Constitutional Concerns: The Election Commission, a constitutional body, cannot unilaterally amend rules that impact citizens’ right to scrutinize election procedures.
  • Critics claim the amendments bypass public consultation.
• Legal Precedent: The Punjab and Haryana High Court recently directed the Election Commission to provide an advocate with video footage and related documents from the Haryana Assembly elections.
  • The amendments seem to counter this ruling, potentially undermining judicial directions.
• Call for Judicial Intervention: Opposition moved the Supreme Court, urging it to restore public access to election-related records.

Electoral Rules in India

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