Modi Government Amends Election Rules to Curb Transparency, Following High Court Order
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Recent amendment to the Conduct of Election Rules restricts public scrutiny of election documents.
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The change comes shortly after a High Court directive to the Election Commission for document disclosure.
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Opposition and activists criticize the move as diminishing the transparency of the electoral process.
In a move that has sparked significant controversy, the Modi Government has amended the Conduct of Election Rules, specifically Rule 93(2), to reduce transparency in India's electoral process. This amendment was made public on December 21, 2024, mere days after the Punjab and Haryana High Court directed the Election Commission of India (ECI) to provide election-related documents to a petitioner. This timing has led to widespread speculation and criticism regarding the government's motives.
Under the previous version of Rule 93(2)(a), "all other papers relating to the election" were open for public inspection. However, the amended rule now specifies that only certain documents as outlined in these rules shall be open for such inspection. This alteration effectively limits the public's ability to access a wide range of election-related documents, including CCTV footage, videography, and other records that could be pivotal in ensuring the integrity of elections.
The opposition, particularly the Congress party, has been vocal in its condemnation. Jairam Ramesh, Congress's communication chief, described this amendment as "a vindication of our assertions regarding the rapidly eroding integrity of the electoral process managed by the Election Commission of India." He emphasized the importance of transparency, stating, "Sunlight is the best disinfectant, and information will restore faith in the process."
Activists and legal experts have also expressed concern, with many questioning why the government and the Election Commission would be "afraid of transparency" at a time when electronic voting machines and the electoral process itself are under scrutiny. This amendment is seen by some as an attempt to shield the electoral process from public and judicial oversight, potentially undermining the democratic principle of accountability.
The amendment has been described by various social media posts and trends on X (formerly Twitter) as making the electoral process "translucent" rather than transparent. Critics argue this could lead to further opacity, especially in the context of recent allegations regarding the manipulation of electoral bonds and the influence of money in politics
The decision to amend the election rules after a judicial intervention raises questions about the independence of the Election Commission and the government's commitment to free and fair elections. There is a growing call for legal challenges to this amendment, with promises from opposition parties to contest it in court to restore the previous level of transparency.
As India moves closer to the 2025 elections, these changes could significantly impact public trust in the electoral system, highlighting the need for a robust debate on electoral reforms and the role of the Election Commission in safeguarding democracy.