What’s in today’s article?
- Overview
- Key Features of the Amendment
- Context & Rationale
- Criticism & Concerns
- Significance
- Legal Framework and Implications
- Conclusion
Overview
- The Central Government recently amended Rule 93 of the Conduct of Election Rules, 1961 to restrict public access to certain election-related documents.
- This amendment, initiated by the Ministry of Law and Justice upon the Election Commission of India’s (ECI) recommendation, aims to safeguard voter privacy and prevent misuse of sensitive electronic records.
- However, the decision has drawn criticism for allegedly reducing transparency in the electoral process.
Key Features of the Amendment
- Rule Modification:
- Previous Rule 93: Allowed public access to all “papers” related to elections.
- Amended Rule 93: Limits access to only those documents explicitly mentioned in the rules, excluding electronic records like CCTV footage, webcasting clips, and video recordings.
- Scope of Exclusion:
- Nomination forms, results, and election account statements remain accessible.
- Electronic materials, such as polling station CCTV footage, are excluded to prevent misuse.
Context & Rationale
- Legal Trigger:
- The amendment followed a Punjab and Haryana High Court directive to provide full election-related documents, including electronic records, during a legal case.
- Concerns Over Misuse:
- ECI officials highlighted risks associated with sharing electronic footage, such as breaches of voter privacy and the possibility of manipulation using Artificial Intelligence (AI).
- Sensitive regions like Jammu and Kashmir and Naxal-affected areas could face voter intimidation or threats.
- Safeguards for Candidates:
- Candidates still retain access to essential election records, including CCTV footage, to ensure fair contestation. However, non-candidates must seek court permission for such access.
Criticism & Concerns
- Transparency Issues:
- Critics argue the amendment curtails public oversight, especially over vital documents like observer reports and voter turnout data.
- RTI activists, including Venkatesh Nayak, highlighted the importance of access to Presiding Officer diaries and other records to ensure election fairness.
- Political Allegations:
- Opposition leaders accused the government of diminishing electoral integrity. Congress leader Jairam Ramesh described the amendment as a step back for democracy and called for legal challenges to restore transparency.
Significance
- Enhanced Security:
- Aimed at preserving voter anonymity and ensuring safety, particularly in sensitive regions.
- Transparency Trade-offs:
- While the amendment seeks to balance security with public access, critics view it as a regression in fostering trust in electoral systems.
Legal Framework and Implications
- Conduct of Election Rules, 1961:
- Govern election-related processes and transparency measures.
- The amendment introduces clarity on what constitutes accessible election documents.
- Impact on Cooperative Federalism:
- Raises questions about the role of transparency in maintaining the credibility of elections at both central and state levels.
- Potential Legal Challenges:
- Critics and opposition parties plan to contest the amendment in court, emphasizing the need for transparency as foundational to democracy.
Way Forward
- The amendment underscores the government’s attempt to modernize election security while addressing transparency challenges.
- However, a robust mechanism balancing both aspects, possibly through outcome-based transparency measures, may be crucial in restoring public confidence in the electoral process.
Q1. What is Proportional Representation?
Proportional Representation a system that gives each political party in an election a number of representatives in parliament in direct relation to the number of votes its candidates receive
Q2. What is the First-Past-the-Post System?
The first-past-the-post (FPTP) system is also known as the simple majority system. In this voting method, the candidate with the highest number of votes in a constituency is declared the winner.
Source: Centre amends rule to restrict access to poll documents
Last updated on Dec 26, 2024
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