In a case that could have major implications for electoral transparency in India, the Supreme Court has issued a notice to the Union Government and the Election Commission of India over a petition challenging amendments to the Conduct of Elections Rules, 1961.
The petitioner, RTI activist Anjali Bhardwaj, argues that the 2024 amendment to Rule 93(2)(a) places unconstitutional restrictions on public access to election records, violating the fundamental right to information under Articles 19(1)(a) and 21 of the Indian Constitution.
🔹 What Changed?
Previously, Rule 93 allowed public inspection of all election-related records. The amendment now restricts access by specifying that only certain documents, as listed in the rules, can be inspected.
🔹 Why It Matters?
The amendment blocks access to crucial election materials like CCTV footage, Presiding Officer’s diaries, and polling reports, reducing electoral transparency and making it harder to ensure free and fair elections.
The Supreme Court has tagged this case with a similar petition filed by Congress MP Jairam Ramesh, with the next hearing scheduled for March 17, 2025.
What’s at Stake?
The amendments raise critical concerns about electoral transparency and accountability:
✅ Before the Amendment:
The law allowed open public inspection of election records, ensuring that citizens could scrutinize elections.
🚨 After the Amendment:
The government has narrowed the scope of public access, limiting what records can be disclosed. This includes restrictions on photography, videography, CCTV footage, and polling reports.
🔹 Petitioner’s Arguments:
Anjali Bhardwaj contends that the amendment violates the constitutional right to information. According to her petition:
- It reduces election transparency, preventing the public from verifying the integrity of the voting process.
- It violates the right to free speech (Article 19(1)(a)) and the right to life and liberty (Article 21), both of which are tied to access to information.
- It contradicts earlier provisions that ensured open access to electoral documents.
Supreme Court’s Involvement
🔹 The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar issued notices to the Union Government and the Election Commission.
🔹 The case has been clubbed with a similar challenge by Congress leader Jairam Ramesh.
🔹 The Supreme Court will hear the matter on March 17, 2025.
This case has the potential to set a landmark precedent for election-related transparency and voter rights in India.
Reliefs Sought by the Petition
The petitioner requests the Supreme Court to:
✅ Strike down the amendment to Rule 93(2)(a) as unconstitutional.
✅ Restore public access to election records, including CCTV footage and polling reports.
✅ Direct authorities to ensure timely access to election documents.
✅ Modify the Handbook for Returning Officers (2023) to remove arbitrary restrictions on election-related information.
This case highlights the growing tension between government policies and transparency activists who fight for accountability in the democratic process.
What’s Next?
🔹 Supreme Court oral arguments will be heard on March 17, 2025.
🔹 If the Court rules in favor of the petitioner, public access to election records could be restored.
🔹 A ruling against the petition could set a dangerous precedent, restricting access to crucial government documents.
This case is not just about one amendment—it’s about how much power the government can exercise over access to election records.
#SupremeCourt #RTI #ElectionTransparency #RightToInformation #IndianDemocracy #ElectoralReform #VoterRights #Election2024 #DemocracyMatters
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