The central government has tweaked an election rule to prevent public inspection of certain electronic documents, such as CCTV camera and webcasting footage, as well as video recordings of candidates to prevent their misuse. The Prime Minister Narendra Modi-led government made the change based on the recommendation of the Election Commission (EC), as reported by news agency PTI.
On Friday, the Union law ministry amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of “papers” or documents open to public inspection. As per Rule 93, all “papers” related to elections shall be open to public inspection. The amendment inserts “as specified in these rules” after “papers.” Law ministry and EC officials separately explained that a court case was the “trigger” behind the amendment.
While documents such as nomination forms, appointment of election agents, results, and election account statements are mentioned in the Conduct of Election Rules, electronic documents such as CCTV camera footage, webcasting footage, and video recording of candidates during the Model Code of Conduct period are not covered.
“CCTV coverage and webcasting of polling stations are not carried out under the Conduct of Election Rules but are the result of steps taken by the EC to ensure a level playing field,” a former EC official explained, as quoted by PTI.
“There have been instances where such electronic records have been sought, citing the rules. The amendment ensures that only papers mentioned in the rules are available for public inspection and any other document that has no reference in the rules is not allowed for public inspection,” PTI quoted a functionary of the poll body as saying.
EC functionaries said the misuse of CCTV camera footage from inside polling booths could compromise voter secrecy. They also said the footage could be used to generate a fake narrative using AI.
“All such material is available to candidates, including footage. After the amendment, too, it will be available to them. But other people can always approach the courts to get such electronic records,” said another functionary. Candidates already have access to all documents and papers. Nothing has been amended in the rules in this regard, the functionary further stated.
Mahmoud Pracha Vs EC Case
In the recent Mahmoud Pracha vs. EC case, the Punjab and Haryana High Court had ordered sharing all documents related to the Haryana Assembly elections, including treating CCTV camera footage as permissible under Rule 93(2), with Pracha.
The rule mentioned election papers. The election papers and documents do not specifically refer to electronic records, the EC functionaries said.
In order to remove this ambiguity, the rule has been amended to safeguard against the misuse of CCTV camera footage of polling stations, an EC official explained. A law ministry official said all election papers and documents were otherwise available for public inspection.
Congress Slams Election Commission
Speaking on the change in the election rule, Congress leader Jairam Ramesh slammed the Election Commission, saying that the move should be challenged legally and questioned why the poll panel was “afraid of transparency.”
“If there was ever a vindication of our assertions regarding the rapidly eroding integrity of the electoral process managed by the Election Commission of India in recent times, this is it. Sunlight is the best disinfectant, and information will restore faith in the process—a reasoning the Punjab and Haryana High Court agreed with when it directed the ECI to share all information that it is legally required to do so with the public,” Ramesh tweeted.
“Yet the ECI, instead of complying with the judgment, rushes to amend the law to curtail the list of what can be shared. Why is the ECI so afraid of transparency?” he further said.
