Conduct of Election Rules amendments: 'We should leave the timing to EC'

The Union government’s recent amendment to the Conduct of Election Rules has stirred a political storm. The tweak limits public access to election-related documents, reversing a long-standing provision for transparency.

The move came days after the Punjab and Haryana High Court directed the Election Commission to provide polling documents from the Haryana elections to advocate Mehmood Pracha, a decision that sparked heated debates. The Congress has vocally flayed both the Election Commission and the government for this controversial amendment.

In an exclusive interview with The Federal, former Chief Election Commissioner (CEC) TS Krishnamurthy shared his perspective on the amendments, the Election Commission’s rationale behind restricting access to polling video footage, and the integrity of EVMs. 

Watch | Why Mehmood Pracha sees election rules amendments as blessing in disguise

Do you find the reason given for a curb on access to polling video footage valid?

The Election Commission has the authority to take such action because it does not want the polling booth video footage to be misused by certain individuals. Additionally, the matter is pending before the Supreme Court.

The EC has valid reasons for imposing such a restriction, and these will be presented before the court. The intention of the EC is not to deny citizens their rights. The information can be accessed when necessary, through the court, and the EC will provide the required response in the court.

The timing of this rule has sparked a row, especially since it came right after the Punjab and Haryana High Court’s order to grant video footage access to advocate Mehmood Pracha. What’s your take on it?

The EC is an independent body. In case of urgent situations, the timing of the EC decision may not be relevant. It has valid reasons for making such decisions, mainly to prevent the misuse of polling booth video footage.

With today's technology, the names and details in these videos can be altered, leading to potential misuse. The EC does not intend to conceal any information, and all recorded video footage can be presented in court. The EC takes a call on the timing of such rules and it could be based on various factors.

The EC might have sensed that the video footage could be misused and therefore decided to amend the rules swiftly. We should leave the timing of these amendments to the discretion of the EC, as they are in the best position to make decisions based on the urgency of the issue.

While political parties have the right to question the EC’s decision, the poll panel is responsible for ensuring free and fair elections, and it cannot allow its rules to be misused. Therefore, it is the duty of the EC to take necessary actions to curb such malpractices.

Also read | Explainer: How is the Indian EVM different from its US cousins?

Will the Opposition, particularly Congress, advocate for a return to paper ballots?

The Opposition parties could offer suggestions to improve the EVMs rather than advocating a return to paper ballots.

Paper ballots have been subject to irregularities in certain parts of the country. A prime example is the misuse of ballot papers in the Chandigarh Mayor election.

It happened in an election where only 30 to 40 ballots were polled, imagine the scale of issues if paper ballots were used nationwide. It is also easy to print fake ballots and stuff them into the polling boxes.

Such incidents have occurred in the past, and there are records of political parties being involved in such malpractices. I don’t believe paper ballots are the right option.

In my opinion, EVMs are credible, robust, and there is no reason to doubt their integrity.

What will happen now that the Congress has moved the Supreme Court?

This issue has been raised in the Supreme Court multiple times.

Two individuals who questioned the credibility of EVMs a few years ago and approached the Supreme Court regarding the same became chief ministers in elections conducted using the same EVMs. They no longer talk about the transparency of EVMs.

Approaching the Supreme Court is an option available to political parties, and the Election Commission will certainly answer these questions in the court of law.

Also read: Modi govt's calibrated erosion' of EC's integrity: Kharge on election rule

What forms can be accessed according to the new amendment?

The EC has amended access to certain video recordings where there is a potential for misuse.

Another argument is that the EC did not consult Opposition parties while making these significant changes to the rules. What’s your response?

Typically, changes to election rules are not always made in consultation with political parties and other stakeholders but done with prior notice depending upon the need and the urgency.

There may have been a potential for misuse of video recordings, prompting the EC to act swiftly.

Generally, changes are made after notifying the public and political parties, but there may have been an urgent need for a quick decision. The EC will likely address this issue as well.