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Picture Courtesy: The Hindu

Context:

The Supreme Court has asked the Union government and the Election Commission of India (ECI) to respond to a petition filed by Congress party leader Jairam Ramesh challenging an amendment to the Conduct of Election Rules 1961.

About the Amendment

The recent amendment to Rule 93 of the Conduct of Election Rules, 1961, limits public access to certain election-related documents.

Previously, rule 93 allowed public access to all papers related to elections, but the new amendment restricts this access to only those documents explicitly mentioned in the rules. Specifically, it excludes electronic records like CCTV footage, webcasting clips, and video recordings, which were accessible before.

Arguments in favor of the amendment

The supporters of the amendments argue that it is necessary to protect voter privacy and safety, particularly in sensitive areas like Jammu and Kashmir and Naxal-affected zones.

The government highlighted that certain documents are restricted, however, essential documents such as election results and nomination forms are still accessible to the public, which ensures transparency while maintaining security.

The main objective of the amendment is to strike a balance between transparency and safeguarding sensitive data.

Opposition to the amendment

Critics, including activists and opposition leaders, argue that the amendment compromises the integrity of the electoral process by reducing surveillance and reducing the effectiveness of election scrutinization. 

The amendments protect privacy, however, the exclusion of electronic records, such as CCTV footage is seen as a step backwards for transparency.

Way Forward  

The Government and Election Commission should strike a balance between transparency and privacy to maintain public trust in the electoral process.  

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Source: 

The Hindu