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Law

SC Seeks Govt, ECI’s Response on Amendments to Conduct of Elections Rules

In December 2024, the government modified Rule 93(2)(a), restricting public access to certain election-related documents.

SC Seeks Govt, ECI’s Response on Amendments to Conduct of Elections Rules

The Supreme Court of India (Bill Photo)

The Supreme Court on Monday (February 3) issued a notice to the Union government and the Election Commission of India (ECI) in response to a petition challenging recent amendments to the Conduct of Elections Rules, 1961.

In December 2024, the government modified Rule 93(2)(a), restricting public access to certain election-related documents.
 
Transparency activist Anjali Bhardwaj, who filed the plea, argued that these changes impose unreasonable limits on voters' fundamental right to information.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar took up the petition, tagging it with a similar pending challenge by Congress leader and Rajya Sabha MP Jairam Ramesh. The court scheduled the next hearing for March 17.

“That the impugned amendment is a blatant violation of article 19(1)(a) and 21 of the Constitution of India as it brings opaqueness and restricts people's fundamental right to access vital documents and papers related to elections. The impugned amendment seeks to narrow and restrict public access to election related records.” the petition stated, according to Live Law.

It further noted that the revised rules prohibit the inspection of electronic records, including CCTV footage, webcasting recordings, video clips of candidates, and other material generated during the election process.

“These contain crucial information including, for instance, the number of votes cast in every two-hour interval, number of voters present at the polling station at the closing hour who were allowed to cast their votes, details of any interruption or obstruction of voting etc,” the plea highlighted, reported The Wire.

Before the amendment, there were no restrictions on accessing such records. The petition emphasized that access to this information is an integral part of the fundamental right to information under Article 19(1)(a) of the Constitution, as upheld in multiple Supreme Court judgments, particularly those concerning election transparency.

Additionally, the petitioner sought directions for the ECI to provide copies of documents related to the 2024 Lok Sabha elections, including Form 17C Part I for constituencies in Delhi. 

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