This document summarizes the Indian Ministry of Law and Justice's response to Lok Sabha Unstarred Question No. 2203, concerning the retention of election video footage and photographs. The Election Commission of India (ECI) has established a 45-day retention period for election video footage and photographs, aligning with the timeframe for filing election petitions under Section 81 of the Representation of the People Act, 1951. The ECI's position is that video footage is treated similarly to Form 17A (Register of Voters), access to which is restricted under Rule 931 of the Conduct of Elections Rules, 1961, and requires a court order. The government clarified that the amendment to Rule 93(2)(a) of the Conduct of Elections Rules, 1961, aimed to remove ambiguity regarding document provision as specified in the statute. There is no current proposal to reassess this amendment. The response, provided by Minister of State Arjun Ram Meghwal, addresses concerns about electoral transparency, verification of procedures, and public trust. The ECI asserts that the measures are in place to prevent misuse of election-related video footage.
Key Entities Referenced
Election Commission of India (ECI): An autonomous constitutional authority responsible for administering election processes in India.
Ministry of Law and Justice: The Indian government ministry responsible for legal affairs, legislative activities and administration of justice.
Lok Sabha: The lower house of the Parliament of India.
Arjun Ram Meghwal: Minister of State in the Ministry of Law and Justice; and Minister of State in the Ministry of Parliamentary Affairs.
Representation of the People Act, 1951: An act of the Parliament of India that regulates various aspects of the election process.
Conduct of Election Rules, 1961: The set of rules formulated by the Election Commission of India to regulate the conduct of elections.
Dr. Kalanidhi Veeraswamy: Member of Parliament who raised a question in the Lok Sabha.
Shri Sasikanth Senthil: Member of Parliament who raised a question in the Lok Sabha.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
LEGISLATIVE DEPARTMENT
LOK SABHA
UNSTARRED QUESTION NO. 2203
TO BE ANSWERED ON FRIDAY, THE 01st AUGUST, 2025
Retention of Election Video Footage and Photographs
2203. Shri Sasikanth Senthil:
Dr. Kalanidhi Veeraswamy:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) whether the Election Commission has revised its guidelines to reduce the
retention period of video footage and photographs of the election process to
45 days after the declaration of results, if so, the reasons therefor and the
stakeholder consultations undertaken prior to change;
(b) whether the Government is aware of the concerns raised regarding the
impact of this reduced retention period on electoral transparency, verification
of procedures and public trust in the election process, if so, the details
thereof;
(c) whether any mechanism exists to preserve such election related video
records beyond the 45 day period in cases where election petitions are filed
and if so, details thereof;
(d) whether the Government proposes to reassess the recent amendment to
Rule 93(2)(a) of the Conduct of Election Rules, 1961, that restricts public
access to election footage and if so, details of any proposed review or
consultative process;
(e) whether political parties or candidates were consulted before such
instructions were issued; and
(f) the steps being taken to ensure that all election-related electronic records
are preserved and made available for independent verification and legal
recourse, if required ?2
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF
LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF
PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a) to (f): The Election Commission of India (ECI) has informed that as per
Section 81 of the Representation of the People Act, 1951 election petition
can be preferred within 45 days from the date of election of the returned
candidate. Therefore, the video footages related to election processes at
various stages need to be preserved till the time any election petition is filed
and is pending in the High Court of competent jurisdiction. The ECI has
further stated that necessary instructions were issued by the ECI, as video
footage is akin to giving Form 17A (Register of Voters) live which is
restricted under Rule 93(1) of the Conduct of Elections Rules, 1961 and can
be given with the order of a competent court only, to prevent misuse. The
ECI has also informed that the Government had amended the Rule 93(2)(a)
of the Conduct of Elections Rules 1961 by adding the words “as specified in
these rules”. The said amendment merely removes the ambiguity in
providing the documents as specified in the statute. No proposal is pending
with the Government to reassess the recent amendment to Rule 93 (2) (a).
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