Amended rule dents poll transparency

The Union government’s decision to change the election rules, preventing public scrutiny of electronic documents such as CCTV and webcasting footage and video recordings of candidates goes against the norms of transparency and the need for credibility in the conduct of elections. It has amended Rule 93(2)(a) of the Conduct of Election Rules, purportedly on a suggestion from the Election Commission of India (ECI), claiming that it is intended to prevent the misuse of CCTV footage of polling stations.

The rules mention various documents such as nomination forms and account statements but they do not refer to electronic records in this context.

It has been claimed that the amendment has been made to remove this ambiguity in view of the possibility of violation of secrecy in the polling booth aided by Artificial Intelligence (AI). The result is that the public will be denied access to a section of election documents.

The explanation is not convincing and will only raise more questions about the conduct of the Election Commission and the government with respect to elections. CCTV cameras installed at polling stations cover only the poll officials and do not record the voters.

No footage will show how the voter has voted and so there is no loss of the secrecy of the ballot. There is no restriction on the use of cameras outside the booth as the voters themselves use cameras. The videos are, in fact, useful. It was the video of a poll official tampering with ballots that proved the malpractices in last year’s mayoral elections in Chandigarh. The situation in trouble-prone areas such as Jammu and Kashmir and the Maoist belts should not be used to deny the public their rights in other areas.

The decision has come in the wake of a recent order by the Punjab and Haryana High Court that all documents related to the Haryana Assembly elections, including CCTV camera footage as permissible under Rule 93(2), be shared with a petitioner, Mahmoud Pracha, who had sought them. As per the latest order, he will not get the documents.

It should be noted that questions had been raised about the recent Assembly elections in Haryana. When a change is proposed to be made in the election rules, the Election Commission and the government have the responsibility to discuss the matter with the Opposition parties.

No such discussions were held and the Opposition parties have criticised the decision. The Congress has described it as “an attempt to erode the integrity of the election process” and accused the Election Commission of “opacity and pro-government attitude.” The change in the rules does not serve a good purpose and would only lower the credibility of the Election Commission.