The Delhi High Court recently overturned a Central Information Commission (CIC) order which had previously classified Electronic Voting Machines (EVMs) as ‘information’ under the Right to Information (RTI) Act. The CIC’s ruling was based on a petition that requested access to an EVM maintained by the Election Commission (EC) under the RTI Act. This decision means that EVMs are no longer within the realm of the RTI Act, altering the accessibility and public understanding of these crucial tools in the democratic process.
An Overview of the CIC’s Decision
The original CIC decision was influenced by section 2(f) of the RTI Act, which defines ‘information’ as any material in any form, be it Records, Documents, Memos, Emails, Opinions, Advice, Press Releases, Circulars, Orders, Logbooks, Contracts, Reports, Papers, Samples, Models, or Data held in electronic form. The CIC reasoned that an EVM, being a physical object that is available with the EC, fits this definition and so should be considered ‘information’.
The Delhi High Court’s Stance
The Delhi High Court took a different perspective on the matter, stating that EVMs are not ‘information’ under the definition provided by the RTI Act. The court reasoned that an EVM is not a form of information but a tool used in the electoral process. It also highlighted that these machines do not fall under any of the categories mentioned in section 2(f).
The Viewpoint of the Election Commission
According to the EC, they do not maintain any EVMs in model or sample form for the purpose of Section 2(f) of the RTI Act. A small number of EVMs are kept for training election officials and for use in awareness programs. All of these EVMs are stored securely as per the guidelines provided by the EC’s manual on EVMs and the Representation of People Act.
The Role of EVMs in India’s Elections
EVMs play a vital role in Indian elections, which is overseen by the Election Commission of India (ECI) under Article 324 of the Constitution. The unregulated disclosure of information about these machines could potentially pose a threat to the integrity and fairness of the electoral process.
A Few Facts about RTI Act and EVMs
| Fact | Description |
|---|---|
| RTI Act Section 2(f) | Defines ‘information’ as any material in any form |
| EVMs | Used in conducting elections in India |
| ECI | Responsible for conducting elections under Article 324 of the Constitution |
| CIC Ruling | Classified EVMs as ‘information’ under RTI Act |
| Delhi High Court Decision | Overturned CIC ruling, stating EVMs are not ‘information’ |
Implications of the Judgement
The implications of the judgement are far-reaching, affecting how we understand the nature of EVMs, their place within the public sphere, and how they can be accessed and understood by the public. This decision effectively places EVMs outside the scope of public inquiry and scrutiny pursuant to the RTI Act.