The Supreme Court has issued a notice to the Central Government and the Election Commission, seeking their response to a petition challenging a recent amendment in the election conduct rules.
The petition was filed by senior Congress leader Jairam Ramesh. A bench led by Chief Justice of India (CJI) Sanjeev Khanna is currently hearing the case. The court will resume hearing the case in the week beginning March 17.
Supreme Court Issues Notice Against Amendment
The petition challenges the amendment to Rule 93(2)(A) of the Conduct of Elections Rules, 1961.
The amendment restricts public inspection of certain electronic documents, including CCTV footage, webcasting, and video recordings of candidates, all of which were previously accessible. The Congress party has raised concerns over the potential for misuse and lack of transparency in the electoral process following the amendment.
Government Defends the Amendment
The Central Government recently amended the Election Conduct Rules following a recommendation from the Election Commission of India. The government stated that the changes aim to prevent the misuse of electronic documents, such as CCTV footage and video recordings, particularly to avoid manipulation through AI and the spread of false narratives.
Officials have assured that these materials will still be accessible to candidates and can be requested through legal channels.
Concerns Raised Over Transparency
During the hearing, senior advocate Abhishek Manu Singhvi, representing the petitioner, argued that the amendment had been made “very cleverly” and without prior consultation, adding that one reason given for removing the footage was to protect voters’ identities. He further criticized the changes, asserting that it undermines the integrity of the election process.
Jairam Ramesh, in a statement on social media, expressed his concerns about the amendment, calling it a unilateral action that could erode public trust. He urged the Supreme Court to intervene and restore transparency in the electoral process.
Punjab-Haryana High Court Addresses Election Transparency
The issue of electronic records and transparency in elections has previously been addressed in the Punjab-Haryana High Court, which directed the sharing of documents, including CCTV footage, during the Haryana Assembly elections. However, the Election Commission had contested that CCTV footage did not fall under the scope of Rule 93(2), leading to the recent change in the rule to clarify this ambiguity.
Opposition Accuses EC of Weakening Electoral Integrity
Following the amendment, Congress accused the Election Commission of eroding the integrity of the electoral process. The party claimed that restricting access to electronic documents would weaken transparency, further exacerbating concerns about the credibility of elections in India.
The Supreme Court’s upcoming hearings will likely address these concerns and determine whether the amendment to the election rules will stand.
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