Poll Rules Tweak Makes Electronic Records Harder To Get, Sparks Row

EC officials have said misuse of CCTV camera footage from inside polling booths could compromise voter secrecy. They also said the footage could be used to generate fake narrative using artificial intelligence (AI)

New Delhi:

The government has 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. This has led to the Opposition accusing the government of "eroding integrity of the electoral process".

EC officials have said misuse of CCTV camera footage from inside polling booths could compromise voter secrecy. They also said the footage could be used to generate fake narrative using artificial intelligence (AI).

The Union Law Ministry on Friday amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection, based on a recommendation by the Election Commission (EC).

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".

A court case triggered the amendment, according to Law Ministry and EC officials.

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 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 news agency PTI.

Another EC official said 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."

All such material is still available to candidates, including footage, as people can always go to court to get electronic records, an EC official said, adding candidates already have access to all documents and papers and nothing has been amended in the rules in this regard.

The Punjab and Haryana High Court directed sharing all documents related to the Haryana assembly elections, including CCTV camera footage, with lawyer Mahmoud Pracha in a case he contested against the EC.

The rule mentioned only election papers, and election papers and documents do not specifically refer to electronic records. In order to remove this ambiguity, the rule has been amended to safeguard the misuse of CCTV camera footage from polling stations, an EC official said.

Congress general secretary in-charge communications Jairam Ramesh said the party will challenge the amendment in court.

"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," Mr Ramesh said in a post on X.

The Congress leader said sunlight was the best disinfectant and information would restore faith in the election process -- a reasoning the Punjab and Haryana High Court agreed with when it directed the EC to share all information it was legally required to with the public.