After the government tweaked an election rule, restricting public inspection of certain electronic documents to prevent misuse, the Congress slammed the Election Commission over the decision and questioned why it was "so afraid of transparency". Congress general secretary in-charge communications Jairam Ramesh also said that the party would legally challenge this move of the ECI.
"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 (ECI) in recent times, this is it," Ramesh said in a post on X.
"This move of the ECI will be challenged legally right away," the Congress leader said, sharing a December 20 notification. "Why is the ECI so afraid of transparency?" he asked.
The ECI has amended the rules regarding the inspection of CCTV footage and webcasting recordings and video footage of the candidates. The Union Law Ministry, based on the recommendation of the poll body, amended Rule 93 (2)(a) of the Conduct of Election Rules, 1961, thereby restricting the type of papers or documents available to public. According to Rule 93, all papers related to elections shall be open to public inspection. The amendment, however, inserts "as specified in these rules" after papers.
As per the Law ministry and EC officials, 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, webcasting of polling stations are not carried out under Conduct of Election Rules but are the result of steps taken by the EC to ensure a level playing field," a former EC official told PTI.
An EC functionary stated that 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".
The poll body officials also said that the misuse of CCTV camera footage from inside the polling booths could impact the voter secrecy. They also said the footage could be used to generate fake narrative using Artificial Intelligence.
Another official said that all such material is still available to the candidates, including the footage, since people can always visit the court to access electronic records.