Rule 93(2) amendment weakens election transparency and trust

Source: The post Rule 93(2) amendment weakens election transparency and trust has been created, based on the article “Resisting transparency, eroding public trust” published in “The Hindu” on 14th January 2025 

UPSC Syllabus Topic: GS Paper2-Polity-Salient features of the Representation of People’s Act.  

Context: The article discusses a recent amendment to the election rules that limits public access to election records, such as Form 17C and CCTV footage. It criticizes the Election Commission for opposing transparency, which is vital for trust in the electoral process and fair elections. 

What changes were made to Rule 93(2)? 

1. Earlier Provision: Rule 93(2) allowed public access to all election-related papers except those exempted under Rule 93(1). This promoted transparency in the electoral process.
2. High Court Order: Following concerns over electoral integrity, the Punjab and Haryana High Court directed the ECI to provide election records like Form 17C and CCTV footage from Haryana elections.
3. Amendment: Soon after the High Court’s directive, the Central government amended Rule 93(2), limiting access to only “papers specified in these rules,” excluding critical documents like Form 17C and CCTV footage.
4. 4. Impact: Key records like Form 17C and CCTV footage now fall outside public access, raising transparency concerns and mistrust.

Why Is the Election Commission’s Role Questioned? 

1. The Election Commission of India (ECI) is criticized for lacking transparency, especially noticeable when they didn’t release absolute voter turnout numbers immediately after the early phases of the 2024 general elections. 
2. There was a mysterious 6% increase in voter turnout figures later, which led to suspicions and demands for the disclosure of Form 17C. 
3. Form 17C is crucial as it details voter turnout and the votes counted in the Electronic Voting Machines (EVMs).
4. Several parties, including the Biju Janata Dal (BJD), have noted discrepancies in voter turnout figures and demanded access to Form 17C to verify these numbers. 
5. Despite these requests, the ECI has denied access to this form, citing reasons like potential misuse of the information and lack of technical capabilities for scanning and sharing these documents.

What Does the Supreme Court Say? 

1. In 2024, the Supreme Court invalidated the electoral bonds scheme, highlighting a voter’s fundamental right to information. 
2. This precedent supports the need for more transparency in the electoral process, challenging the new restrictive amendment.

How Can Transparency Be Improved? 

Transparency ensures public trust in the electoral process. The Supreme Court in 2024 struck down the electoral bonds scheme for violating voters’ right to information. The ECI and the government need  to withdraw this amendment, as it weakens democracy. 

Question for practice: 

Discuss how the recent amendment to Rule 93(2) of the Conduct of Election Rules, 1961, and the Election Commission’s actions have impacted transparency and trust in the electoral process.