Home India Modi Govt. Amends Election Rules: Why Public Access to CCTV Footage and Electoral Records Is Now Restricted

Modi Govt. Amends Election Rules: Why Public Access to CCTV Footage and Electoral Records Is Now Restricted

The government’s amendment to Rule 93 of the Election Conduct Rules, which limits access to electronic records like CCTV footage, has sparked controversy and raised concerns about electoral transparency

by P D

Modi Govt. Amends Election Rules: Why Public Access to CCTV Footage and Electoral Records Is Now Restricted

In a controversial move that has divided public opinion, the Modi government has amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, restricting public access to specific election-related electronic records. The amendment, which was made following a recommendation from the Election Commission (EC), now limits the availability of critical materials such as CCTV footage from polling booths, webcasting data, and video recordings of candidates during elections.

While the government and the Election Commission have defended the changes, arguing they are necessary for privacy and security, critics claim that this move could significantly undermine the transparency of India’s electoral process. This latest development has triggered debates about electoral integrity and the balance between privacy and public scrutiny.

What the Rule 93 Amendment Means

Before the amendment, Rule 93 granted public access to all election-related documents, including “papers” related to the nomination process, election results, and even agents’ appointments. However, the recent changes narrow the scope of what is considered accessible to the public.

The amendment now adds the phrase “as specified in these rules” after “papers,” significantly reducing the range of documents available for public scrutiny. This means that, while traditional election records like nomination forms and election expenditure accounts will still be available, electronic records such as CCTV footage and webcasting data will no longer be openly accessible to the general public.

The Election Commission, however, has clarified that candidates contesting elections will still have full access to these records. In a statement, an EC official emphasized, “Candidates in any case have access to all documents, papers, and records, including footage. After the amendment, this provision remains unchanged.” Therefore, while the amendment limits access for the general public, it does not restrict candidates’ ability to verify the integrity of the election process in their constituencies.

The EC’s Rationale: Security Concerns and Data Manipulation

The Election Commission has defended the amendment by citing concerns over the potential misuse of electronic records. CCTV footage and webcasting materials, they argue, were introduced as supplementary monitoring tools and were never originally considered “papers” under the rules. Moreover, releasing such records could compromise voter secrecy, especially in sensitive regions such as Jammu and Kashmir, where voter identities could be exposed to security risks.

Additionally, the Commission highlighted the possibility of these materials being manipulated using artificial intelligence to create misleading narratives, further damaging the integrity of the electoral process. By restricting public access, the government aims to mitigate the risks of data misuse while ensuring that the core election documents remain transparent.

Public Backlash and Legal Implications

Despite the EC’s justification, the amendment has sparked a wave of criticism from transparency activists, opposition parties, and legal experts. Critics argue that limiting access to electronic records undermines the public’s ability to hold elections accountable. Transparency advocates like Anjali Bharadwaj have called the amendment a “huge setback,” stating that access to materials such as CCTV footage is essential for exposing electoral malpractices.

The controversy over this amendment also follows a recent court ruling in the Mahmoud Pracha vs Election Commission case. Pracha, a lawyer, had filed a petition seeking access to election records, including CCTV footage from polling stations during the Haryana assembly elections. The Punjab and Haryana High Court ruled in his favor, interpreting Rule 93 as permitting access to such electronic records. In response, the government quickly moved to amend the rule, which many see as a retroactive attempt to curb transparency in light of the unfavorable judgment.

Opposition parties, including Congress, have reacted strongly. Congress communications chief Jairam Ramesh accused the government of “eroding the integrity” of India’s electoral process. He argued that the government’s reluctance to embrace transparency raises serious questions about its commitment to free and fair elections. Other political leaders, including Congress president Mallikarjun Kharge, have described the move as part of a broader “systematic conspiracy” to weaken democratic institutions.

The Impact on Democracy and Electoral Integrity

The amendment has raised fundamental questions about the balance between electoral transparency and the need to protect sensitive data. While the government argues that this is a pragmatic step to preserve voter privacy, others see it as an attempt to limit the public’s ability to scrutinize the election process.

Venkatesh Nayak, a constitutional expert, emphasized the importance of records like presiding officers’ diaries and polling-day statistics in evaluating electoral fairness. The restricted access to these materials could make it harder to assess the integrity of elections, particularly in instances where electoral malpractices are suspected.

The lack of consultation with civil society and opposition parties before the amendment has also fueled concerns about the government’s approach. Critics argue that by limiting access to crucial election data, the government is undermining the public’s trust in the electoral system.

Looking Ahead: Legal and Political Consequences

The amendment has prompted several political parties, including Congress, to announce plans to challenge it in court. This indicates that the legal and political battle over Rule 93 is far from over. The debate over the amendment will likely continue to evolve, with transparency activists and opposition leaders pushing back against what they perceive as a rollback of electoral accountability.

While the government insists that the amendment is a necessary step to protect privacy and prevent data manipulation, it must also ensure that these changes do not erode public confidence in the democratic process. Transparency remains a cornerstone of any functioning democracy, and any move that limits it must be carefully scrutinized.

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