New Delhi, Feb 3 (PTI) – The Supreme Court on Monday issued notices to the Centre and the Election Commission in response to a Public Interest Litigation (PIL) challenging recent amendments to election rules that allegedly restrict public access to election-related records.
A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took up the petition filed by activist Anjali Bhardwaj, represented by advocate Prashant Bhushan. The court ordered that the PIL be tagged with a similar pending plea by Congress leader Jairam Ramesh. Both cases are set to be heard in the week beginning March 17.
Previously, on January 15, the apex court had sought responses from the Centre and the Election Commission on Ramesh’s petition, which challenges amendments—including the restriction of public access to CCTV footage—made to the 1961 election rules.
PIL Alleges Violation of Fundamental Rights
The PIL, filed through Bhushan, disputes the validity of the Conduct of Elections (Second Amendment) Rules, 2024. It argues that the amendment to Rule 93(2)(a) of the Conduct of Election Rules, 1961 violates Articles 14, 19, and 21 of the Constitution by limiting public access to key election-related documents.Prior to the amendment, Rule 93(2)(a) stated: "all other papers relating to the election shall be open to public inspection." However, the new amendment modifies it to: "all other papers as specified in these rules relating to the election shall be open to public inspection." The petitioner contends that this change arbitrarily restricts access, thereby reducing transparency in the electoral process.
Transparency and Right to Information at Risk
The plea asserts that the amendment violates Article 19(1)(a), which guarantees the right to information, and Article 21, which upholds free and fair elections. It warns that by curtailing public scrutiny of election records, the rule change could hinder transparency and potentially facilitate corrupt practices.The petitioner further argues that the amendment imposes arbitrary constraints by restricting access to only those records explicitly mentioned in the rules, thereby excluding other critical election documents without justification. The PIL also claims that the amendment contradicts the Right to Information (RTI) Act, which promotes government accountability and transparency.
Call for Reversal of the Amendment
The plea urges the Supreme Court to declare the Conduct of Elections (Second Amendment) Rules, 2024 as unconstitutional, illegal, and void. Additionally, it calls for election authorities to grant access to election records, as per the petitioner’s applications dated May 28, 2024, under Rule 93(2) of the Conduct of Election Rules, 1961.The petition also requests the establishment of a structured process to ensure timely access to election-related documents, preventing unnecessary delays in obtaining crucial information.
With the Supreme Court now involved, the case has significant implications for electoral transparency and the public’s right to access election records. The matter is set to unfold in the coming weeks as the court examines the legality of the amended election rules.
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