Answer

The Conduct of Election Rules, 1961 ensure electoral integrity under the Representation of the People Act, 1951. The recent amendment to Rule 93(2)(a) of CER,1961 limits public access to certain election related documents , raising concerns over transparency and accountability of ECI.

Concerns Arising from the Amendment to Rule 93(2)(a) of the Conduct of Election Rules

• Transparency Erosion: The amendment to Rule 93(2)(a) excludes electronic records (CCTV, webcasts), reducing transparency.
  Eg. Congress filed a Supreme Court petition highlighting “rapidly declining integrity” in election processes.
• Accountability Risk: Denial of Form 17C and booth-level voting data hinders result verification.
  Eg. Activists warn officials may evade scrutiny under RTI laws, weakening electoral accountability.
• Potential Misuse: Though intended to curb misuse, restricting access also blocks independent oversight. Eg. Critics argue this “blanket denial” may shield electoral misconduct instead of preventing it.
• Eroded Public Trust: Silent amendment without consultation led to political and civil society backlash.

Role of the Election Commission of India (ECI) in Conducting Free and Fair Elections

• Rule Enforcement: The ECI enforces CER provisions to ensure compliance during elections.
  Eg. In the recent Ludhiana West by-election, the Association for Democratic Reforms (ADR) and Punjab Election Watch urged the ECI to replace the District Election Officer for failing to act on MCC violations .
• Voter Verification: The ECI updates voter databases to eliminate duplicates and ensure accurate voter rolls.
  Eg. The ECI removed approximately 2.6 lakh duplicate Electoral Photo Identity Card (EPIC) numbers, enhancing voter list accuracy .
• Transparency Measures: The ECI ensures transparency in election procedures.
  Eg. Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) ensures transparency in the election process.
• Enhancement of Voter Turnout Reporting (VTR) System: The ECI upgraded the VTR system to provide real-time voter turnout data.

Accountability of the Election Commission of India (ECI) in Ensuring Free and Fair Elections

• Judicial Oversight: The ECI’s decisions are subject to judicial review, ensuring accountability.
  Eg. The Supreme Court issued notice to the ECI in response to a petition challenging amendments to the CER, highlighting judicial oversight .
• Public Engagement: The ECI engages with the public to address concerns.
  Eg. The Voter Awareness Campaign 2023 used social media, workshops, and NGO partnerships to boost voter turnout and transparency.
• Transparency Initiatives: The ECI implements initiatives to promote transparency.
  Eg. In the recent  Bihar elections, the ECI implemented the upgraded VTR system, allowing presiding officers to input voter turnout data directly into the ECINET app every two hours .

Way Forward 

• Restoration of Access to Key Records: Reinstate public access to essential electronic records like CCTV footage and webcasts with safeguards to ensure privacy.
  Eg. Allow anonymous viewing of polling videos post-election for academic research.
• Judicial Review and Sunset Clauses: Subject restrictive provisions to periodic judicial scrutiny and sunset clauses to prevent indefinite opacity.
• RTI-Compatible Reforms: Amend CER rules to ensure Form 17C and turnout data fall under proactive disclosure norms without endangering voter identity.
• Institutionalized Public Consultation: Mandate stakeholder consultations before regulatory changes affecting election transparency to build public consensus.
  Eg. Law Commission’s 255th Report recommended public inputs in electoral reform, supporting participatory regulation-making.

The Election Commission of India (ECI) plays a pivotal role in ensuring free and fair elections through stringent rule enforcement and accountability mechanisms. Ongoing reforms and technological integration are expected to further enhance the transparency and efficiency of India’s electoral processes.

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