Source: The Hindu 

Introduction  

The Conduct of Election Rules have been amended to restrict access for the public to a section of poll documents. The Congress party has moved to the Supreme Court against the amendments.  

 What is the Conduct of Election Rules? 

• The Conduct of Election Rules, 1961 is a set of rules which provide for provisions on how to conduct elections as per the Representation of People Act, 1951 (RPA). 
• Rule 93 of the Conduct of Election Rules provides for Production and Inspection of election papers. 
• Rule 93 (2) before the above discussed amendment provided that subject to such conditions and to the payment of such fee as the Election Commission may direct, —   
  • All other papers relating to the election shall be open to public inspection; and 
  • Copies thereof shall on application be furnished. 
     

What is the Amendment made to Rule 93?  

• The news came after a direction was given by the Punjab and Haryana High Court to the Election Commission. 
• The Court directed to share all documents related to the Haryana Assembly Election including treating CCTV footage also as permissible under Rule 93 (2) of the Conduct of Election Rules. 
• The Amendment was brought into effect through a notification issued by the Ministry of Law and Justice on 20th December. 
• The amended Rule 93 (2) (a) provides “all other papers as specified in these rules relating to the election shall be open to public inspection.” 
• Earlier the rule provided that all other papers relating to election shall be open to public inspection. 
• According to the Election Commission the sharing of CCTV footage may have serious repercussions especially in sensitive areas where secrecy is important.   

  Why is the Amendment Facing Criticism from Several Quarters? 

• According to activists Rule 93 is akin to the Right to Information Act as far as elections are concerned and any change in the same hurts the right of the citizens to know about the process. 
• According to Venkatesh Nayak, Director Commonwealth Human Rights Initiative: 
  • The Amendment aims at restricting citizens-voters' right to access a large number of documents created during Parliamentary and State Assembly elections many of which are not specifically in the Conduct of Election Rules instead they are mentioned in the handbooks and manuals published by Election Commission from time to time. 
  • He highlighted that Presiding Officers' diaries, which record detailed voter turnout data and token distribution at poll closing, are not explicitly covered under the Conduct of Election Rules. The proposed amendment aims to restrict access to these and other reports filed by election officials.   

  What is the Reaction of Opposition to this Amendment? 

• The Congress party claimed that the change in the rules vindicated their assertions regarding rapidly eroding integrity of the electoral process managed by the Election Commission. 
• The Congress has moved to the Supreme Court against the amendments. 
• Congress has stated that: 
  • The Election Commission, a Constitutional body, charged with the conduct of free and fair elections cannot be allowed to unilaterally, and without public consultation, amend such a vital law in such a brazen manner 
  • Congress President Mallikarjun Kharge has said it was part of a “systematic conspiracy to destroy the institutional integrity of the EC” 

Conclusion

The amendment to the conduct of election rules provides that all other papers as specified in the rules relating to the election shall be open to public inspection. It is said that the amendment has restricted the scope of the important right of right to information.