Election rule tweaked to restrict public inspection of electronic records; Congress cries foul

As the Central Government tweaked an election rule to prevent public inspection of certain electronic documents such as CCTV cameras, webcasting footage and video recordings of candidates to prevent their misuse, the Congress on Saturday cried foul over the move, alleging it eroded integrity of the electoral process.

On the recommendation of the Election Commission (EC), the Union Ministry of Law and Justice amended Rule 93 of the Conduct of Election Rules, 1961 to restrict the type of “papers” or documents open to public inspection.

Rule 93 says that all “papers” related to elections shall be open to public inspection. However, instead of the expression “papers”, the amendment says “papers as specified in these rules”.

Law ministry sources said a court case was the “trigger” behind the amendment. The Punjab and Haryana High Court had recently directed the EC to provide copies of documents related to the Haryana Assembly elections to advocate Mehmood Pracha who had filed a petition seeking the videography, CCTV camera footage, and copies of Forms 17-C Parts I and II related to the conduct of elections.

Congress General Secretary (Communication) Jairam Ramesh assailed the move and said the party would challenge it.

“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 said.

“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? This move of the ECI will be challenged legally right away,” he wrote on X.

While documents such as nomination forms, appointment of election agents, results and election account statements erre 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 were not covered.

”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 which has no reference in the rules is not allowed for public inspection,” sources said, adding misuse of CCTV camera footage from inside polling booths could compromise voter secrecy and the footage could be misused to generate 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,” they said.

A Law Ministry notification on Friday changed Rule 93(2)(a) of the 1961 Conduct of Election Rules under the Representation of the People Act, 1951. Earlier, the said rule stated that “all other papers relating to the election shall be open to public inspection”. However, it has now been changed to read: “all other papers as specified in these rules relating to the election shall be open to public inspection”.