Source: The Hindu  

Introduction 

Venezuela's recent presidential election has thrown the country into chaos, revealing the weak state of its democracy. The polls on 28th July,2024  featured incumbent President Nicolas Maduro facing off against opposition candidate Edmundo Gonzalez, but were overshadowed by claims of fraud, violent protests, and government crackdowns. This situation is just the latest episode in Venezuela's troubled political history, tied to its oil wealth and the impact of Hugo Chavez's socialist revolution. 

What was the Controversy of Venezuelan Election? 

• The election was held in Venezuelan incumbent President Nicolas Maduro and opposition candidate Edmundo Gonzalez. 
• Main Controversy: 
  • The significant discrepancy between official results and opposition claims. 
  • Maduro's refusal to publish detailed voting data. 
  • The barring of prominent opposition candidates from running. 
  • The violent crackdown on post-election protests. 
  • Questions about the overall fairness and transparency of the electoral process. 
• Election Results and Controversy:  
  • The National Electoral Council (CNE) declared Maduro the winner with 51.21% of votes, compared to Gonzalez's 44.2%. 
  • The opposition disputed these results, claiming their count showed Gonzalez winning with 67% versus Maduro's 30%. 
  • The opposition demanded publication of vote tallies from each polling station, which Maduro refused. 
• Post-Election Unrest:  
  • Massive protests erupted following the disputed results. 
  • A government crackdown resulted in 24 deaths and over 2,000 arrests. 
• Background and Context:  
  • Maduro has been in power since 2013, succeeding Hugo Chavez. 
  • Venezuela is a petrostate, heavily dependent on oil exports. 
  • The country experienced economic crisis in the early 2010s due to falling oil prices. 
  • U.S. sanctions were imposed on Venezuela due to Maduro's consolidation of power and crackdowns. 
• Lead-up to the 2024 Election:  
  • The U.S. eased some sanctions in November 2022, following rising oil prices due to the Ukraine war. 
  • Maduro promised free and fair elections in response. 
  • However, the opposition's preferred candidates (Maria Corina Machado and Corina Yoris) were barred from running. 
  • Edmundo Gonzalez emerged as the consensus opposition candidate. 

How Does the Voting Process Work in Venezuela? 

• Voter Authentication: The use of biometric identification is a legal measure to prevent fraud and ensure one person, one vote. 
• Verifiability: The combination of electronic voting with paper backups provides a dual system of verification, which can be crucial in case of disputes. 
• Transparency: The presence of witnesses from participating organizations and the multiple audit stages are legal mechanisms to ensure transparency in the voting and counting process. 
• Multi-party Oversight: The involvement of all participating parties in audits and result validation is a legal safeguard against unilateral manipulation of the election process. 
• Data Integrity: The requirement for matching tallies across different recording methods (electronic, paper, and electoral record) is a legal measure to ensure the accuracy of the vote count. 
• Public Accountability: The publication of results on the CNE website, matching the signed tallies, is a legal requirement for public accountability. 

What are the Provisions Related to Elections in India? 

• Provision: 
  • Article 324: Vests the superintendence, direction, and control of elections in the Election Commission of India. 
  • Article 325: Prohibits discrimination in voter registration on grounds of religion, race, caste, or sex. 
  • Article 326: Mandates elections based on adult suffrage. 
  • Article 329: Bars interference by courts in electoral matters until after the election process is completed. 
• The Constitution provides for an independent Election Commission to ensure free and fair elections. 
• It guarantees universal adult suffrage, promoting inclusive democracy. 
• The bar on court interference during the election process aims to prevent disruptions but allows for post-election legal challenges. 

What is the Role of RTI Act in Indian Election Transparency ? 

• Accessing Electoral Information:  
  • Citizens can file RTI applications to obtain information about various aspects of the election process. 
  • This includes details about candidate nominations, campaign expenditures, and voter lists. 
• Scrutiny of Election Commission Decisions:  
  • The RTI Act allows citizens to request information about the rationale behind EC decisions. 
  • This is particularly useful in controversial cases, such as the disqualification of candidates or the rejection of nominations. 
• Verification of Candidate Information:  
  • RTI can be used to cross-verify the information provided by candidates in their affidavits. 
  • This helps in uncovering discrepancies in declared assets, educational qualifications, or criminal records. 
• Monitoring of Electronic Voting Machines (EVMs):  
  • Information about EVM procurement, testing, and deployment can be obtained through RTI. 
  • This transparency helps address concerns about EVM tampering or malfunction. 
• Examination of Voter Lists:  
  • RTI enables scrutiny of voter list preparation and revision processes. 
  • It helps in identifying and rectifying issues like duplicate entries or wrongful deletions. 
• Investigation of Complaints:  
  • Citizens can use RTI to track the status and outcomes of election-related complaints filed with the EC. 
• Transparency in Political Party Funding:  
  • While political parties are not directly under RTI, information about their funding can be sought from the EC and Income Tax Department. 
• Post-Election Analysis:  
  • RTI can be used to obtain detailed voting data, helping in independent analysis of election results. 
• Limitations and Challenges: 
  • The 48-hour silence period before polling limits the immediate use of RTI during this crucial time. 
  • Some information may be withheld under exemptions provided in the RTI Act. 
  • The time taken to process RTI applications can sometimes delay the availability of crucial information. 

Conclusion 

The disputed 2024 Venezuelan election had the deep-seated challenges facing the nation's democracy and economy. As the country grapples with the aftermath of a contentious vote, the international community watches closely, weighing the implications for regional stability and global oil markets. The path forward remains uncertain, with the opposition's refusal to accept the results and ongoing protests suggesting that Venezuela's political crisis is far from over.