“Frontal Attack On Constitution”: Congress Chief Slams Poll Rules Tweak

'Frontal Attack On Constitution': Congress Chief Slams Poll Rules Tweak

New Delhi:

The Congress has ripped into the government’s decision to tweak an election rule that makes it harder to obtain electronic documents like CCTV and webcasting footage, and video recordings of candidates.

Based on a recommendation by the Election Commission, the Union Law Ministry had Friday amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict documents for public inspection. EC officials had said that misuse of CCTV camera footage from inside polling booths could compromise voter secrecy and also be used to generate fake narratives using artificial intelligence (AI).

The decision, however, sparked a row with the Opposition accusing the government of “eroding integrity of the electoral process”.

Congress chief Mallikarjun Kharge today called it an assault by the government in its “systematic conspiracy to destroy the integrity of the Election Commission of India”.

“The Modi government’s calibrated erosion of ECI’s integrity is a frontal attack on the Constitution and Democracy and we will take every step to safeguard them,” said the 82-year-old leader, comparing the move with the removal of the Chief Justice of India from the selection panel that appoints Election Commission.

Mr Kharge said that every time the Congress wrote to the Election Commission regarding poll irregularities, it has responded in a “condescending tone and chosen not to even acknowledge certain serious complaints.”

“This again proves that the ECI, even though is a quasi-judicial body is not behaving independently,” he added.

The matter pertains to Rule 93 of the Conduct of Election Rules, which says that all “papers” related to elections shall be open for public inspection. It has now been amended to insert “as specified in these rules” after “papers”.

The rules mention documents like nomination forms, appointment of election agents, results, and election account statements, but it does not cover electronic documents like CCTV and webcasting footage and video recording of candidates during the model code period.

An official, however, said that such material will still be available to the candidates and people can approach the court to get electronic records. No changes have been made for access to documents and papers, he added.

The amendment followed an order by the Punjab and Haryana High Court to share all documents related to Haryana assembly elections, including CCTV camera footage, with a lawyer who is contesting a case against the Election Commission.

The election rules mentioned only election papers, which do not specifically refer to electronic records, and the amendment was necessary to remove this ambiguity, an official said.

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