EC’s Conduct of Election Rules  amendment 

Syllabus :GS 2/Governance 

In News

The Ministry of Law and Justice issued a notification amending Rule 93(2)(a) of the Conduct of Election Rules.

Conduct of Election Rules

• The Conduct of Election Rules,1961, is a set of rules which provide for provisions on how to conduct the elections as per the Representation of People Act.

Recent Amendment 

• The recent amendment was done by the Union Law Ministry following a recommendation from the Election Commission (EC). 
• Before the amendment, the rule stated that all election-related papers should be open to public inspection.
  • After the amendment, the rule now states that only specified election-related papers are available for public inspection.

Rationale behind the Amendment 

• The amendment follows a direction from the Punjab and Haryana High Court for the Election Commission (EC) to share all election documents, including CCTV footage of polling stations.
• The Election Commission argued that there were concerns over violating the secrecy of votes and the potential misuse of CCTV footage (using artificial intelligence).
• The amendment aimed to clarify that electronic records (e.g., CCTV footage) are not automatically included under the term “election papers”.

Criticism  

• Activists argue the amendment limits citizens’ right to access election-related information, which is central to transparency in elections.
• The amendment restricts access to documents (such as Presiding Officers’ diaries on voter turnout) that are important for transparency but were not specifically mentioned in the Conduct of Election Rules.
• The Opposition has criticized the amendment, claiming it reflects their concerns about the deterioration of electoral integrity.

Conclusion and Way Forward 

• Amendments to the Conduct of Election Rules represent an important effort to adapt the electoral process to the demands of modern societies. 
• By increasing transparency, improving accessibility, bolstering security, and embracing new technologies, these changes seek to improve the election system, making it more efficient and trustworthy.
• However, the success of these amendments will depend on careful implementation, continued monitoring, and a focus on inclusivity.

Source : TH