December 24, 2024: The Congress party on Tuesday filed a petition in the Supreme Court, challenging recent amendments to the Conduct of Election Rules, 1961, which it claims threaten the integrity of India's electoral process. The party contends that these changes, which restrict public access to certain electronic documents, undermine transparency and accountability in elections.
The amendment, made on December 20, was based on a recommendation from the Election Commission. It modifies Rule 93(2)(a) of the Election Rules, limiting public inspection of crucial materials like CCTV footage, webcasting records, and video recordings of candidates. These amendments were intended to prevent potential misuse of such documents, particularly in sensitive areas like polling booths.
In a statement, Congress leader Jairam Ramesh strongly criticized the move, calling it a "brazen" attempt by the Election Commission to unilaterally alter the election process without public consultation. Ramesh emphasized that the Election Commission, as an independent constitutional body tasked with ensuring free and fair elections, should not have the authority to amend such vital laws in secrecy. He tweeted, "The integrity of the electoral process is fast eroding. Hopefully, the Supreme Court will help restore it."
The petition filed by Congress argues that the amendment undermines public access to information essential for ensuring the transparency and fairness of elections. Ramesh further questioned why the Election Commission appeared to be "afraid of transparency" and labeled the change as a "vindication" of the party's concerns about the declining integrity of the electoral system.
While election officials have defended the amendment, expressing concerns over potential misuse of CCTV footage and webcasting at polling booths, they noted that such material will still be available to candidates. Additionally, they assured that individuals could still seek access to these electronic records through legal channels.
As the issue escalates, all eyes are on the Supreme Court to address the concerns raised by the Congress and decide whether the recent amendments to the election rules are in line with democratic principles and the need for transparency in India's electoral process.