Modi government’s ‘calibrated erosion’ of Election Commission’s integrity: Kharge on election rule

File picture of Congress president Mallikarjun Kharge.
| Photo Credit: PTI

Congress president Mallikarjun Kharge on Sunday (December 22, 2024) hit out at the government for tweaking an election rule to prevent public inspection of certain electronic documents, alleging it is part of the Modi government’s “systematic conspiracy” to destroy the institutional integrity of the Election Commission.

Mr. Kharge also said the Modi government’s “calibrated erosion” of the ECI’s integrity is a frontal attack on the Constitution and democracy.

The government has tweaked an election rule to prevent public inspection of certain electronic documents such as CCTV camera and webcasting footage as well as video recordings of candidates to prevent their misuse.

Based on the recommendation of the Election Commission of India (ECI), the Union law ministry on Friday (December 20, 2024) amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, to restrict the type of “papers” or documents open to public inspection.

Reacting to the development, Mr. Kharge said, “Modi government’s audacious amendment in the Conduct of Election Rules is another assault in its systematic conspiracy to destroy the institutional integrity of the Election Commission of India.”

“Earlier, they had removed the Chief Justice of India from the Selection panel which appoints Election Commissioners, and now they have resorted to stonewall electoral information, even after a High Court order,” he said in a post on X.

Every time the Congress party wrote to the ECI, regarding specific poll irregularities such as voter deletions and lack of transparency in EVMs, the ECI has responded in a condescending tone and chosen not to even acknowledge certain serious complaints, Mr. Kharge said.

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

“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,” Mr. Kharge said.

Congress general secretary in-charge communications Jairam Ramesh had said the party would legally challenge the amendment.

Lok Sabha MP and Congress general secretary (organisation) K.C. Venugopal said the poll panel had chosen opacity and a pro-government attitude in its dealings thus far.

According to Rule 93, all “papers” related to elections shall be open to public inspection.

The amendment inserts “as specified in these rules” after “papers”.

Law Ministry and ECI officials separately explained that a court case was the “trigger” behind the amendment.

While documents such as nomination forms, appointment of election agents, results and election account statements are mentioned in the Conduct of Election Rules, electronic documents such as CCTV camera footage, webcasting footage and video recording of candidates during the Model Code of Conduct period are not covered.

“CCTV coverage, webcasting of polling stations are not carried out under Conduct of Election Rules but are the result of steps taken by the ECI to ensure a level playing field,” a former ECI official explained.