The Supreme Court of India has issued a formal notice to the Union Government and the Election Commission of India (ECI) regarding a petition filed by transparency activist Anjali Bhardwaj. The plea challenges recent amendments to the Conduct of Elections Rules, 1961, which critics argue restrict public access to election-related documents. The case, tagged with a similar petition by Congress leader Jairam Ramesh, will be heard next on March 17, 2025
Background
In December 2024, the government amended Rule 93(2)(a) of the Conduct of Elections Rules, 1961. Previously, the rule stated:
“All other papers relating to the election shall be open to public inspection.”
Post-amendment, it now reads:
“All other papers as specified in these rules relating to the election shall be open to public inspection.”
This subtle change allows authorities to withhold unspecified election records, including CCTV footage, polling station diaries, and reports by election officers. Anjali Bhardwaj’s petition argues that the amendment violates citizens’ fundamental rights under Articles 19(1)(a) (freedom of speech and expression) and 21 (right to life and personal liberty) by introducing opaque restrictions on accessing electoral data.
The petition highlights that prior to the 2024 amendment, critical documents like CCTV footage (as per Clause 19.10 of the Handbook for Returning Officers, 2023) and Form 17C (voter turnout records) were publicly accessible. The new rule, however, empowers officials to deny access to these materials unless explicitly listed in the rules.
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“The impugned amendment is a blatant violation of Article 19(1)(a) and 21 of the Constitution. It restricts people’s right to access vital election documents, undermining transparency.”
Bhardwaj contends that such secrecy erodes accountability, especially when electoral malpractice allegations arise. For instance, without CCTV footage or officer diaries, verifying claims of voter suppression or ballot tampering becomes nearly impossible.
The case raises critical questions about democratic accountability. Election transparency ensures public trust in the electoral process, a cornerstone of democracy. By narrowing access, the amendment risks creating a system where citizens cannot independently verify election integrity.
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The petitioner also points to inconsistencies in the ECI’s 2023 handbook, which previously mandated the preservation and disclosure of electoral records. The amended rule contradicts these guidelines, creating legal ambiguity.
Petition Demand?
Striking Down the Amendment: Declare the 2024 amendment unconstitutional for violating fundamental rights.
Restore Public Access: Direct authorities to provide copies of election records, including CCTV footage and officers’ reports, as requested by Bhardwaj in her May 2024 application.
Time-Bound Disclosure Mechanism: Establish clear deadlines for sharing electoral documents to prevent delays.
Revise ECI Handbook: Remove arbitrary restrictions in the Handbook for Returning Officers that limit information access.
Case title : ANJALI BHARDWAJ VS. UNION OF INDIA| W.P.(C) No. 000083 / 2025
The case is scheduled for a hearing on March 17, 2025.
