Lok Sabha Question No. 2203 (UNSTARRED), answered on 2025-08-01
Subject: Retention of Election Video Footage and Photographs
Ministry: LAW AND JUSTICE
Asked by: Shri Sasikanth Senthil, Dr. Kalanidhi Veeraswamy

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK SABHA UNSTARRED QUESTION NO. 2203

## TO BE ANSWERED ON FRIDAY, THE 01 st  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 ?

## 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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