government changes election rules bans public inspection of electronic records

The Center has amended an election rule to prevent public scrutiny of certain electronic documents such as CCTV footage as well as video recordings of candidates. This move has been strongly criticized by Congress. Jairam Ramesh said that this is a vindication of the claim of integrity of the electoral process which is rapidly eroding. Based on the recommendation of the Election Commission, the Union Law Ministry amended Rule 93 of the Conduct of Elections Rules, 1961 to restrict the type of documents open for public scrutiny. Earlier Rule 93(2)(a) of the Conduct of Elections Rules stated that all other papers relating to elections shall be open to public inspection.

The amended version of the rules says all other papers specified in these rules relating to elections shall be open to public inspection. The Law Ministry and election officials said a court case prompted the government to amend the rules. There have been cases where such electronic records have been sought citing rules. An Election Commission official said the amendment ensures that only the papers mentioned in the rules are available for public inspection, and any other document that has no reference to the rules is not allowed for public inspection.

Documents such as nomination forms, appointments of election agents, results and election account statements as specified in the election conduct rules will be available for public inspection. However, electronic documents will be outside its scope. Election officials expressed apprehension that allowing CCTV cameras inside polling stations could lead to misuse and compromise voter privacy. All such material including footage is available to the candidates.