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The Congress on Tuesday filed a writ petition in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961, and expressed hope that the apex court will help restore the “fast-eroding” integrity of the electoral process.
Unilateral move
- Congress’s Jairam Ramesh, in the plea, said a constitutional body charged with conduct of free and fair elections couldn’t be allowed to “unilaterally amend such a vital law in such a brazen manner”
- On EC recommendations, Law Ministry amended Conduct of Election Rules, 1961, restricting public inspection of electronic documents such as CCTV camera and webcast footage
The government has tweaked an election rule restricting public inspection of certain electronic documents such as CCTV camera and webcast footage as well as video recordings of candidates. The government says the move is aimed at preventing misuse of such documents. Earlier, documents such as reports and other communication by returning officers, polling officers and observers among others could be accessed, but with the changes in rules, it will now be difficult. AICC general secretary Jairam Ramesh, who filed the petition, said: “The integrity of the electoral process is fast eroding. Hopefully the Supreme Court will help restore it.”
“A writ has just been filed in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961,” he said in a post on X. Ramesh said the EC, a constitutional body charged with the conduct of free and fair elections, could not be allowed to unilaterally, and without public consultation, amend such a vital law in such a brazen manner.
“This is especially true when that amendment does away with public access to essential information that makes the electoral process more transparent and accountable,” he contended.
Based on the recommendation of the Election Commission of India, the Union Law Ministry on Friday amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, restricting the type of “papers” or documents open to public inspection.
Congress president Mallikarjun Kharge called the amendment “another assault in (the Modi government’s) systematic conspiracy to destroy the institutional integrity of the Election Commission of India”. Other Opposition parties, including the CPM, CPI, and SP, also criticised the amendment. Senior leader and CPI general secretary D Raja said without having a proper discussion with political parties and without evolving a consensus, such unilateral decisions by the Centre would destroy the electoral system and free and fair elections.
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