One of the cornerstones of a functioning democracy is transparency as the people have every right to information on all matters that concern them. The electoral procedure is one such aspect of a democracy that needs to be sacrosanct and kept out of any sort of controversy.
In this context, the Centre’s tweaking of an election rule to prevent public inspection of certain electronic documents such as CCTV camera and webcasting footage as well as video recordings of candidates has snowballed into a row with the Opposition seeing it as a sinister attempt to compromise elections.
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Following the recommendation of the Election Commission of India (ECI), the Law Ministry amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, on 21 December. This amendment limits the types of “papers” or documents that are available for public inspection.
As per Rule 93, all election-related “papers” are generally open to public scrutiny, but the amendment adds the phrase “as specified in these rules” after “papers.” However, this amendment runs counter to a recent ruling by the Punjab and Haryana High Court. In the Mahmoud Pracha vs EC case, the High Court directed the poll body to share all the documents related to the Haryana Assembly elections, including treating CCTV camera footage as permissible under Rule 93(2), with the petitioner. Mahmoud Pracha, an advocate, 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. While both the ECI and the Law Ministry defended the move claiming that it will safeguard the misuse of CCTV camera footage of polling stations, the Congress sees it as yet another attempt to “erode the integrity of the electoral process,” and accused the poll body of “opacity and a pro-government attitude in its dealings.” The Conduct of Election Rules mentions of various documents, including nomination forms, the appointment of election agents, results, and election account statements. The Rules mention election materials.
However, they do not explicitly mention electronic records in relation to these election documents. In a bid to remove this ambiguity, the Rules were amended, a poll panel official said, justifying the move. Election Commission officials also expressed concerns that the misuse of CCTV footage from polling booths could jeopardize voter confidentiality. They also claimed that such footage could be manipulated to create misleading narratives using artificial intelligence. Earlier, the Parliament passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023. This legislation sought to govern the appointment and service conditions of the Chief Election Commissioner and the Election Commissioners.
Notably, the Bill excluded the Chief Justice of India from the selection panel, which includes the Prime Minister and the Leader of the Opposition. This change led to a huge backlash from the Opposition parties. These developments come at a time when the independence and integrity of an autonomous institution such as the ECI are being questioned by several quarters, while there are allegations on the misuse of electronic voting machines (EVMs), with some parties even demanding a return to the ballot paper system of voting. No matter how imperfect our democracy is elections are still taken seriously by the people, notwithstanding the occasional cribbing by parties on the losing side. However, opaque rules, such as the latest one, are sure to erode the common man’s faith in the electoral system.
