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Transparency in electoral processes is pivotal for public trust, robust democratic institutions, and adherence to constitutional principles like equality and fairness. As per the Global Democracy Index 2023, India ranks 46th, indicating room for improvement. The Election Commission’s stance on limiting access to Form 17C data sparks debates about balancing transparency and electoral integrity.

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Election Commission of India’s Recent Stance on Transparency

• Concerns on Form 17C: The ECI’s reluctance to share Form 17C raises doubts about electoral accountability, undermining trust in reported voter turnout and vote counting accuracy.
  For example: In 2024, unexplained voter turnout revisions prompted doubts about election fairness, with calls for proactive disclosure of Form 17C data.
• Restrictive Rule Amendments: Restricting public access to electoral data under Rule 93(2) erodes transparency, obstructing fair scrutiny of the electoral process and reducing voter confidence.
  For example: The Punjab and Haryana High Court’s directive for access to election records was undermined by the amendment, delaying critical transparency measures.
• Opaque Electoral Decisions: The delay in publishing crucial voter data diminishes institutional credibility and raises questions about potential partisan influence in decision-making processes.
  For example: Post-2024 general elections, ECI delayed releasing statistical data, omitting Form 17C details needed for cross-verification.
• Inadequate Proactive Disclosures: ECI’s justification of technical constraints to disclose data fails in the context of India’s advancements in digital governance.
  For example: Despite being a part of Digital India, the claim of lacking scanning and uploading facilities undermines the ECI’s credibility.
• Selective Access Issues: ECI’s stance on restricting Form 17C to polling agents promotes inequality in information access, favoring political insiders over civil society and independent watchdogs.

Impact of Transparency on Public Trust, Democratic Institutions, and Constitutional Principles

Public Trust

• Transparency promotes accountability: Open access to election records enables citizens to hold institutions accountable, boosting trust in free and fair elections.
  For example: Disclosing voter turnout data reduces speculation about electoral manipulation.
• Prevents misinformation: Reliable access to verified data minimizes scope for rumors and reinforces the credibility of results declared by electoral authorities.
  For example: Absence of transparency in vote tallying raised doubts during the Haryana Assembly elections.

Democratic Institutions

• Strengthens institutional legitimacy: Transparent operations reinforce public confidence in the impartiality of bodies like the ECI, safeguarding their autonomy.
  For example: Proactive disclosures by the US Election Assistance Commission enhance institutional trust globally.
• Enhances global reputation: Transparent elections strengthen India’s standing as the world’s largest democracy, reflecting robust democratic governance.
  For example: The Election Commission of Canada sets benchmarks in public accessibility to electoral data.

Constitutional Principles

• Upholds fundamental rights: Transparency aligns with the right to information, ensuring informed citizen participation as guaranteed under Article 19(1)(a).
  For example: The Supreme Court’s 2024 verdict on electoral bonds reinforced the fundamental right to information.
• Safeguards equality in participation: Transparency ensures all stakeholders, irrespective of affiliation, have access to essential election-related data, promoting fair representation.
  For example: Restricted access to records contradicts the equality clause under Article 14.

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Reforms for Strengthening Electoral Integrity

• Proactive Disclosure: Mandate timely publication of voter turnout and electoral data on public platforms, leveraging digital infrastructure for accessibility.
  For example: Platforms like India’s Election Management Portal can be upgraded to ensure real-time data dissemination post-voting.
• Independent Audits: Establish independent electoral audit mechanisms to verify voter turnout and vote counts, ensuring cross-verification through non-partisan agencies.
  For example: In Canada, independent commissions conduct pre- and post-election audits to guarantee accuracy.
• Legislative Safeguards: Amend laws to mandate public access to key electoral documents, including Form 17C, ensuring legal accountability for transparency lapses.
  For example: The Right to Information Act in South Africa guarantees access to key electoral data by law.
• Enhanced Technology Use: Utilize blockchain technology to secure and share electoral data, ensuring tamper-proof public records of vote counts and turnout.
  For example: Estonia’s e-voting system uses blockchain to ensure transparency and prevent tampering in elections.
• Institutional Reforms: Reorganize the ECI with enhanced autonomy, ensuring its accountability through an independent ombudsman for electoral complaints.
  For example: The UK Electoral Commission reports to a parliamentary committee, ensuring checks and balances on its decisions.

Strengthening electoral transparency ensures democratic accountability, reinforces constitutional values, and fosters citizen confidence in institutions. Reforms like real-time disclosure of electoral data, robust audit mechanisms, and adherence to Section 128 of the RP Act on vote secrecy can bridge gaps. Leveraging digital innovations while ensuring data security is critical for safeguarding democracy.

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