Context:
Recently, the Government of India had amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, which denied access to public some electronic records of elections, like footage of CCTV cameras and recordings of webcasting.
Key Highlights:
- The Conduct of Election Rules were amended by the Centre as it sought to bar public access to the particular section of poll documents.
- This change was the result of the recommendation made by the Election Commission (EC).
- Rule 93(2)(a) of the 1961 Rules stated that all other election papers regarding elections would be open to inspection in the public domain.
About Conduct of Election Rules, 1961:
- Objective:
- To conduct free and fair elections by formulating detailed procedures for the conduct of elections to Parliament and State Legislatures.
Important characteristics of the rules:
- Framework for Elections:
- Details nomination, polling, counting, and declaration of results under various sections and rules.
- Public Transparency:
- According to Rule 93(2)(a) (before amendment), “all papers relating to elections” were open for public inspection.
- Voter Secrecy:
- Keeps voters’ identities and their actions during the elections secret.
- Election Officers’ Duties:
- Provides specific roles and responsibilities of the polling and returning officers.
- Resolution of Disputes:
- Procedures for addressing disputes and complaints during the election process.
Recent amendments:
- Old Version:
- Public access to “all papers relating to elections.”
- New Version:
- Access to “all other papers as specified in these rules,” excepting electronic records such as CCTV footage, webcasting recordings, and video logs.
Reason for Amendment:
- To prevent the misuse of electronic records, including threats to voter secrecy and AI manipulation.
- Retention of Candidate Access:
- Clause Introduced:
- The parties and their agents are permitted to view all election documents, electronic ones included.
- Judicial Access:
- Sealed materials are accessible as well, if one petitions the courts for a case.
- Scope of the Amendment:
- Resolves vagaries in Rule 93 and limits public access to electronic documents that are not specifically enumerated, such as forms and observer reports.
