SC issues notice on Congress plea challenging amendments to Conduct of Election Rules

The Supreme Court on Wednesday agreed to examine a plea filed by senior Congress leader Jairam Ramesh challenging the amendment to the Conduct of Election Rules, 1961, which restricts public access to election materials, such as CCTV footage unless explicitly listed by the Election Commission of India (ECI).

Issuing notice, a bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar sought responses of the Union government and the ECI in the matter. The petition will be listed next for hearing in the week commencing 17 March.

In his plea filed before the top court, the Congress MP and general-secretary (communications) contended that the ECI cannot be allowed to unilaterally amend the 1961 Conduct of Election Rules in such a brazen manner and without public consultation.

"A Writ has just been filed in the Supreme Court challenging the recent amendments to the Conduct of Election Rules, 1961. The Election Commission, a Constitutional body, charged with the conduct of free and fair elections cannot be allowed to unilaterally, and without public consultation, amend such a vital law in such a brazen manner," said Ramesh, in a post on social media platform X.

Ramesh, a Rajya Sabha MP, added that the amendment, introduced on 21 December 2024 following recommendations from the ECI, does away with "public access to essential information that makes the electoral process more transparent and accountable. The integrity of the electoral process is fast eroding. Hopefully, the Supreme Court will help restore it," he asserted.

The amendment was apparently seen as a reaction to a Punjab and Haryana High Court directive to provide CCTV footage of an election booth. Earlier, Tamil Nadu chief minister M.K. Stalin strongly criticised the amendment and called it an undemocratic assault on free and fair elections. In a post on X, CM Stalin said democracy was facing its gravest threat under the BJP-led Union Government.

"Democracy is facing its gravest threat under the BJP-led Union Government, with the reckless amendment of Section 93(2)(a) of the Conduct of Election Rules designed to undermine transparency in elections," he said.

CM Stalin added that the move undermines one of the Constitution’s fundamental features — transparency. The Tamil Nadu CM called on all political parties, including those aligned with the Union government, to unite against what he termed an undemocratic assault on free and fair elections.