The Election Commission of India (ECI) has refused to disclose details of the software used to identify errors and inconsistencies in electoral rolls during the ongoing special intensive revision (SIR), citing commercial confidentiality and intellectual property protections under the Right to Information (RTI) Act, 2005.

The refusal comes amid mounting controversy over the revision exercise, following reports that around 13 crore voters have been excluded from the electoral rolls.

The Commission’s response to an RTI application filed by MA Mujeeb Ayyub, dated October 16, has raised questions about the transparency of the technological systems used to scrutinise voter data.

According to the response, the ECI withheld information about the software under Section 8(1)(d) of the RTI Act, which exempts information relating to “commercial confidence, trade secrets and intellectual property”. The Commission, however, clarified that “no new software has been developed or procured for the SIR exercise,” adding that electoral registration officers (EROs) decide on the inclusion or exclusion of electors “on the basis of facts and records.”

As reported by Hindustan Times, Ayyub’s application sought detailed information about the technological processes involved in identifying anomalies in voter records. He asked the Commission to disclose the name and version of the software, application or artificial intelligence platform used for the exercise, and whether the system automatically flagged records for verification, correction or deletion.

The application also sought details on whether artificial intelligence, machine learning, predictive analytics or automated decision-support tools were used at any stage of the process. Ayyub further sought information on safeguards against false positives and the wrongful identification of genuine voters, as well as the authority responsible for reviewing flagged records before any action was taken.

Apart from invoking Section 8(1)(d) to withhold details of the software, the Commission said questions about automatic flagging and the use of machine learning sought a “clarification” rather than “information” as defined under Section 2(f) of the RTI Act.

On the question of which authority examines flagged anomalies, the ECI invoked Section 8(1)(g). The provision exempts information whose disclosure could endanger the life or physical safety of a person or reveal the identity of a confidential source of information or assistance provided for law enforcement or security purposes.

The Commission also referred to Sections 13B(1) and 13B(2) of the Representation of the People Act, 1950, stating that the ERO of the relevant assembly constituency is the statutory authority responsible for preparing and revising its electoral roll.
The disclosure comes against the backdrop of growing questions over the conduct of the SIR exercise and the role of technology in determining the status of voters.

Last month, The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections to the exercise on 14 occasions over a period of 10 months. The two commissioners had also written to Cabinet Secretary T.V. Somanathan, according to the report.

The newspaper further reported that electoral registration officers had faced restrictions on their access to the system by the Election Commission’s central IT team.

With the ECI declining to disclose the software’s details while maintaining that final decisions rest with electoral registration officers, questions remain about the mechanisms used to detect anomalies, the safeguards against wrongful deletions and the extent of oversight over the technological processes underpinning the SIR.