Why are activists protesting the amendment of the election code of conduct? | explained

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The Center on December 20 amended the conduct of election rules to restrict public access to sections of election documents. This was done by the Union Law Ministry on the recommendation of the Election Commission (EC). Although the Commission stated that the purpose of the amendment was to restrict access to electronic data, the opposition and transparency activists called it an attack on the right to information and freedom of election.

What is the election code of conduct?

The Conduct of Elections Rules, 1961 are a set of rules governing how elections are conducted under the Representation of the People Act.

What is the amendment?

This amendment was implemented through a notification issued by the Ministry of Law and Justice on December 20. Rule 93(2)(a) of the Rules of Conduct of Elections, 1961 previously read “all other documents relating to elections shall be open to public inspection” but after amendment, it reads “All other documents relating to elections shall be open to public inspection as prescribed in these Rules”. .”

Why was the amendment introduced now?

The move comes after the Punjab and Haryana High Court recently directed the EC to share all documents related to the Haryana Assembly elections, including CCTV footage, which is admissible under Rule 93(2) of the Conduct of Elections Rules, to share with the petitioner. Mahmud Prach

According to a senior official of the Commission, ‘Election documents are mentioned in the rules. Election papers and documents do not specifically refer to electronic records. In order to remove this ambiguity and taking into account the serious issue of violating the confidentiality of voting by a single person using artificial intelligence and the possible misuse of CCTV footage inside the polling station, the regulation has been amended. To protect against misuse of CCTV footage inside polling stations. The EC argues that sharing CCTV footage can have serious ramifications, especially in sensitive areas like Jammu and Kashmir, Naxal-affected areas, etc. where privacy is important. Voters’ lives may also be at risk. All election papers and documents are otherwise available for public inspection.

“Candidates have access to all documents, papers and records in any case. Even as a candidate in the 2024 Lok Sabha elections, Mr. Pracha is entitled to all documents and records from his constituency. There were”, said the official. Nothing has been amended in this regard.

Why are transparency workers protesting?

RTI activists say the move is a blow to transparency.

According to transparency activist Anjali Bharadwaj, Rule 93 is similar to the Right to Information Act in the context of elections and any change will affect the right of citizens to know about the process.

Venkatesh Nayak, director of the Commonwealth Human Rights Initiative, further explained that “on a preliminary examination, the amendment appears intended to restrict citizen-voters’ right to access a number of documents created during parliamentary and state assembly elections, many of which are not specifically mentioned. In the Election Conduct Regulations, rather , they are mentioned in the manuals and booklets published by the Election Commission from time to time.Some of these records are submitted by the Election Supervisor, election after polling day The inquiry report submitted by the officer and the index cards sent to the commission after declaration of results contain detailed election data.

He said that in view of the voter turnout controversy in the recent Lok Sabha and Assembly elections, presiding officers had access to the diaries containing detailed details of voter attendance at various times throughout the polling day and the tokens they distributed to voters. There is no specific mention in the Election Conduct Rules about queuing up at the specified time for polling to close. “However, access to such documents is important to assess the fairness of elections. The amendment seeks to prevent access to such documents and many other reports and returns filed by various election officials.”

What does the opposition say?

Congress has claimed that the change in the election code of conduct is rapidly destroying the integrity of the election process managed by the commission.

Congress approached the Supreme Court on Tuesday against the amendment.

Congress President Mallikarjun Kharge has said that this is part of a planned conspiracy to destroy the institutional integrity of the Election Commission, while the Samajwadi Party and the Left Party have accused the Election Commission of weakening multi-party democracy by making a ‘one-sided’ decision. To consult with all political parties.

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