Congress Challenges Election Rule Amendment Restricting Access to Polling Booth CCTV Footage

The Indian National Congress has filed a writ petition in the Supreme Court contesting recent amendments to the Conduct of Election Rules, 1961, which limit public access to certain electronic election records, including CCTV footage from polling booths.

The amendment to Rule 93(2)(a) was introduced by the Union Law Ministry, following a recommendation from the Election Commission of India (ECI). This change restricts public inspection of electronic documents such as CCTV and webcasting footage, as well as video recordings of candidates, aiming to prevent potential misuse of these materials.

This development follows a recent directive from the Punjab and Haryana High Court, which ordered the ECI to provide videography, CCTV footage, and related documents from a polling station during the Haryana Assembly elections to advocate Mehmood Pracha.

Congress General Secretary Jairam Ramesh criticized the amendment, stating, "The integrity of the electoral process is fast eroding. Hopefully, the Supreme Court will help restore it." He emphasized that the ECI, as a constitutional body responsible for ensuring free and fair elections, should not unilaterally amend such vital laws without public consultation, especially when such amendments reduce transparency and accountability in the electoral process.

The ECI defended the amendment, expressing concerns that unrestricted access to CCTV footage from inside polling stations could compromise voter secrecy and potentially endanger voters, particularly in sensitive regions. An ECI official noted, "Sharing of CCTV footage may have serious repercussions, especially in sensitive areas like J&K, Naxal-affected regions, etc., where secrecy is important and the lives of voters are at risk for participating in the democratic process."

Critics argue that this move could undermine electoral transparency. The Congress party has pledged to challenge the amendment in court, asserting that it diminishes public access to essential information that ensures transparency and accountability in elections.

The Supreme Court's decision on this matter will have significant implications for the balance between electoral transparency and voter privacy in India.