The government has changed an election rule to limit public access to certain electronic documents, including CCTV footage, webcasting recordings, and videos of candidates. Opposition parties say the change is a blatant attempt to undermine the integrity of the electoral process.
Officials from the Election Commission have expressed concern that misusing CCTV footage from polling booths could break voter anonymity. They added that such footage may also be manipulated with artificial intelligence to create a misleading narrative.
On Friday, the Union Law Ministry modified Rule 93(2)(a) of the Conduct of Election Rules, 1961, acting on a recommendation from the EC. The amended rule clarifies that though all election-related “papers” shall be opened to public inspection, this does not include certain electronic documents.
Previously, Rule 93 mandated public access to all election-related documents. However, the recent amendment adds the phrase “as specified in these rules,” effectively narrowing the scope of what can be inspected.
The move comes in the wake of a court case over the election process, officials said. Although traditional documents such as nomination forms and election results are mentioned in the rules, electronic records like CCTV footage and webcasting content were not included.
A former EC official explained that CCTV coverage and webcasting are not part of the Conduct of Election Rules, but a measure adopted by the EC to ensure fair conduct of elections. Another EC official said there have been instances where such electronic records were asked for, and the amendment is only to clarify that only those documents listed under the rules are open to public inspection.
Candidates can still access all such material, including electronic recordings, by seeking judicial intervention to procure these records. The Punjab and Haryana High Court had recently directed the EC to provide all documents, including CCTV footage, relating to the Haryana assembly elections to lawyer Mahmoud Pracha in a case contested by him.
The amendment seeks to clarify the ambiguity on the definition of “election papers,” which did not explicitly cover electronic records. In its effort to curb potential abuse, the government wants access to certain electronic footage restricted.
Reacting to the amendment, Congress general secretary Jairam Ramesh declared his intention to challenge the change in court. He added that this move further validates concerns about the diminishing integrity of the electoral process managed by the Election Commission of India (ECI). Ramesh emphasized the importance of transparency, stating that “sunlight is the best disinfectant” and that public access to information is crucial for restoring faith in the electoral system.
