GOVERNMENT AMENDS RULE TO RESTRICT ACCESS TO POLLING FOOTAGE

The Centre has amended Rule 93 of the Conduct of Election Rules, 1961, to limit public access to electronic records like CCTV footage and webcasting clips. Critics argue this compromises democracy by reducing oversight and electoral integrity, and that outcome-based transparency measures are necessary to maintain public trust in the electoral process.

Last Updated on 24th December, 2024
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Context:

The Union Government amended the Conduct of Election Rules to limit public access to specific election documents.

Amendment to the Conduct of Election Rules

The Centre recently changed Rule 93 of the Conduct of Election Rules, 1961, which governs public access to election-related documents. 

The amendment limits public access to certain documents, particularly electronic records such as CCTV footage, webcasting clips, and video recordings. 

Previously, the rule allowed access to all "papers" related to elections; however, the amended rule restricts access to only those documents explicitly mentioned in the rules.

Why was this amendment introduced?

It was introduced in response to a recommendation by the Election Commission of India (ECI) and a direction from the Punjab and Haryana High Court. The court ordered the release of all documents pertaining to the Haryana Assembly elections, including CCTV footage. 

The amendment aims to protect voter privacy and prevent the misuse of sensitive electronic records, particularly in regions where secrecy and safety are critical, such as Naxal-affected areas.

Key features of this amendment

The original rule allowed the public to view all election-related documents. The amended rule limits access to only the documents specifically mentioned in the rules, excluding electronic records such as CCTV footage and webcasting.

While nomination forms, election results, and statements of accounts are still available, electronic records such as CCTV footage from polling stations are excluded to prevent potential misuse.

Arguments in favor of the amendment

The amendment aims to protect voter privacy and safety, particularly in sensitive areas such as Jammu and Kashmir and those affected by Naxal violence.

The government highlights the importance of protecting sensitive information while maintaining public access to key documents such as election results and nomination forms.

Criticisms 

Activists expressed concern over the reduced capability to scrutinise elections. They believe that public access to records such as observer reports, voter turnout data, and presiding officer diaries is essential to ensure election fairness.

Amendment by excluding electronic records addresses concerns about voter privacy and the misuse of materials such as CCTV video, however, critics see this as a step backwards for transparency.

Opposition leaders argue that the amendment compromises democracy by reducing oversight and compromising electoral integrity.

Way Forward

To maintain public trust in the electoral process, the government and Election Commission need to implement outcome-based transparency measures.

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REFORMS NEEDED IN THE VOTING PROCESS

Source: 

The Hindu

PRACTICE QUESTION

 Q.Critically analyze how election reforms can balance the need for transparency with the protection of voter privacy. (150 words

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