Row erupts as Centre tweaks poll rules to curb public scrutiny of video records

The Union Law Ministry, based on the recommendation of the Election Commission, amended an election rule to restrict the type of documents open to public scrutiny.

In Short

• Rules amended to prevent misuse of video footage, documents
• Nomination forms, poll agents' appointments, results available to public
• Advocate Mehmood Pracha sought video recording of Haryana polls

The Centre has amended an election rule to prevent public scrutiny of certain electronic documents such as CCTV footage as well as video recordings of candidates. The move has earned severe criticism from the Congress, with Jairam Ramesh saying it was a "vindication" of the party's assertion of the "rapidly eroding integrity" of the electoral process.

On Friday, the Union Law Ministry, based on the recommendation of the Election Commission, amended Rule 93 of the Conduct of Election Rules, 1961, to restrict the type of documents open to public scrutiny.

The earlier Rule 93(2)(a) of the Conduct of Election Rules stated that "all other papers relating to the election shall be open to public inspection". The amended version of the rule says "all other papers as specified in these rules relating to the election shall be open to public inspection".

A court case was what prompted the government to amend the rules, said Law Ministry and poll officials.

"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 to the rules is not allowed for public inspection," an Election Commission official said.

Documents such as nomination forms, poll agents' appointments, results and election account statements mentioned in the Conduct of Election Rules will be available for public inspection. However, electronic documents will be outside the purview.

Poll officials expressed apprehensions that allowing CCTV cameras inside the polling booth might fall prey to misuse and compromise voter secrecy. "All such material is available to candidates, including footage. After the amendment, too, it will be available to them. But others can always approach the courts to get such electronic records," they said.

Recently, advocate Mehmood Pracha sought videography, CCTV camera footage, and copies of documents related to votes polled at a polling station during the Haryana Assembly elections, which the BJP swept.

Taking note of his plea, the Punjab and Haryana High Court directed the poll panel to provide copies of the required documents as sought by Pracha.

CONGRESS HITS OUT AT ELECTION COMMISSION

Reacting to the change in the election rule, Jairam Ramesh said 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.