Supreme Court Judgement on EVMs

In a landmark decision, the Supreme Court has delivered a pivotal judgment regarding Electronic Voting Machines (EVMs), reshaping the landscape of electoral integrity and democratic processes. With the proliferation of technological advancements, concerns surrounding the reliability and security of EVMs have garnered significant attention in recent years. Against this backdrop, the Supreme Court’s verdict represents a crucial milestone in addressing these apprehensions and safeguarding the sanctity of electoral democracy. By delving into the intricacies of EVM functioning, the Court’s ruling promises to set new standards for transparency, accountability, and trustworthiness in electoral mechanisms, thereby fortifying the foundation of democratic governance in the nation.

Tags: GS paper-2 , Polity- Judiciary- Election commission- EVM

For Prelims: Election Commission, Electronic Voting Machines, 61st Constitutional Amendment Act of 1984, Booth capturing, Model Code of Conduct, Voter-Verifiable Paper Audit Trail system, CEC and Other ECs Act, 2023.

For Mains: Consequences of ‘Getting Elected Unopposed’ and its implications for democratic processes. Potential solutions for ensuring the reliability and transparency of the VVPAT system in future elections

Table of Contents

Context:

The Supreme Court recently dismissed the plea for 100% verification of Voter Verifiable Paper Audit Trail (VVPAT) slips against the Electronic Voting Machine (EVM) count.

What is the Criticism against the Election Commission (EC):

The Election Commission (EC) has not communicated to political parties regarding the identification of 6.5 lakh Voter Verifiable Paper Audit Trail (VVPAT) machines as defective.
This number exceeds one-third (37%) of the total machines used in the 2019 Lok Sabha election, potentially impacting voters in the last general election and subsequent Assembly polls.
Numerous VVPATs with consecutive serial numbers across entire batches from different manufacturers have been found defective, leading to their return to the manufacturers due to the severity of the faults.
The EC’s failure to adhere to standard operating procedures, including the Model Code of Conduct, which mandates field officers to identify defects within seven days, has raised concerns about procedural integrity.
To restore public faith and trust in the electoral process, the EC must prioritise transparency and accountability.

What are VVPAT Machines?

Aim: The aim is to make the voting process easier, faster, and more accurate.
About EVM: An electronic device for recording votes consisting of two units. Designed by the Election Commission in collaboration with Bharat Electronics Limited, Bangalore (Ministry of Defence) and the Electronics Corporation of India Limited, Hyderabad (Department of Atomic Energy).
Power: Operates on a 7.5-volt alkaline power pack, enabling use without electricity.
Capacity: Old EVMs can record up to 3840 votes, while newer models (post-2006) have a capacity of 2000 votes.
Trail of EVM: In 1982, Electronic Voting Machines were first trialed in the Assembly constituency of Paravur in Kerala. By 2004 Lok Sabha elections, EVMs were used across all 543 constituencies.
ETPBS: Electronically Transmitted Post Ballot System introduced in 2016 for service voters like members of the armed forces and government employees on election duty remotely.
NOTA: In 2013, India became the 14th country to institute negative voting through None of the Above (NOTA), although it is not a “right to reject.”
VVPAT: Conduct of Elections Rules, 1961, amended in 2013 to allow for a printer with a drop box to be attached to the EVM. First used in the by-election for Noksen assembly seat in Nagaland.
100% VVPAT backing: In the 2019 general elections, EVMs were backed with 100% VVPAT across all constituencies, providing an additional layer of verification for voters.
VVPAT counting: Indian Institute of Statistics Election Commission mandated counting of VVPAT slips of one randomly selected polling station per Assembly constituency as of 2018.

What are the challenges with EVMs?

Technical Malfunctions: One of the primary concerns with VVPAT machines is the possibility of technical malfunctions, leading to inaccurate printing or no printing at all. Instances of malfunctioning machines raise doubts about the reliability and accuracy of the electoral process.
Verification of Paper Trails: The paper trails generated by VVPAT machines, especially when there are discrepancies between electronic and paper records. It’s crucial to ensure that the physical record of the vote cast accurately reflects the voter’s intent.
Verifiability: The current practice of matching EVM counts with VVPAT slips in five booths per assembly constituency/segment has been criticised for not being scientifically grounded, potentially overlooking defective EVMs.
Susceptibility to Hacking: Concerns about the security of EVMs have been raised by political parties and civil society activists, alleging susceptibility to hacking due to their electronic nature. Safeguarding against potential cyber threats is imperative to protect the integrity of elections.
Voter Privacy: The current process allows for the identification of booth-wise polling behaviour by political parties, raising concerns about voter profiling and intimidation. Ensuring voter privacy is essential to uphold the democratic rights of citizens.
Lack of Accessibility: EVMs pose challenges for certain segments of the population, such as elderly voters or those with disabilities, highlighting the need for inclusive voting mechanisms.
High Cost: While EVMs aim to streamline the voting process and reduce costs in the long run, the initial investment in procuring and maintaining these machines can be significant.

What are the benefits of the Electronic Voting Machine?

Booth capturing prevention: EVMs have significantly reduced instances of booth capturing by limiting the rate at which votes can be cast, making it more challenging for perpetrators to manipulate the voting process.
Elimination of invalid votes: EVMs have effectively addressed the issue of invalid votes, which was a common problem with paper ballots, by providing a more intuitive and user-friendly voting interface.
Environmental benefits: With a large electorate like India, EVMs offer environmental benefits by reducing the consumption of paper ballots, thereby promoting eco-friendly electoral practices.
Administrative convenience: EVMs provide administrative convenience for polling officers on election day by streamlining the voting process and enabling faster, error-free counting of votes.
Random allocation:. In India, the Election Commission ensures that EVMs are allocated to polling booths through a transparent and randomised process, enhancing the credibility of the electoral system.
Mock polls: Mock polls are conducted to demonstrate the accuracy and functionality of EVMs and Voter Verifiable Paper Audit Trail (VVPAT) machines before actual polling begins.
Transparency: EVMs ensure transparency in the electoral process by providing candidates’ agents with access to serial numbers of EVMs and the total votes polled during counting, enabling verification of election results.
Security: The Election Commission of India (ECI) has assured the security of EVMs by highlighting their standalone nature without external connectivity, minimising the risk of hacking or tampering.

What is the Supreme Court verdict on 100% counting of VVPAT slips?

Key Aspect	Petitioner’s Demand	Supreme Court’s Verdict
Full Cross Verification	The petitioner argued that every voter should be able to verify that their vote has been counted properly after receiving confirmation that it has been cast.	The court rejected this, stating that while voters have the right to know their vote has been recorded accurately, it doesn’t equate to the right of 100% counting of VVPAT slips. The court emphasised that other measures like the seven-second display of VVPAT slips and the ability to approach the Presiding Officer in case of mismatches as per Conduct of Election Rules, 1961 already protect the voter’s right adequately.
Tampering with EVMs	As per a report by the Citizens’ Commission on Elections, the petitioner argued there is a possibility of EVMs being tampered with or hacked.	The court dismissed these concerns as unfounded, citing the unalterable nature of the microcontroller used in EVMs. The court directed additional measures to strengthen the integrity of the election process, such as checking the microcontroller for tampering upon request and sealing Symbol Loading Units (SLUs) along with EVMs for 45 days after results are declared.
EVM-VVPAT Discrepancy	The petitioner submitted that the ECI had acknowledged instances of variance in the results captured by the EVM and VVPAT.	The court held that aside from one case in Mydukur, there was not a single case of mismatch or defect in the recording of votes in any EVMs that are checked. This assertion was supported by data showing that even in 26 instances where voters reported mismatches, no actual discrepancies were found upon verification.
Giving VVPAT Slip	The petitioners argue that the current system, which allows voters to view the VVPAT slip for only seven seconds, could be susceptible to manipulation.	The court said that the purpose of the tinted glass above the VVPAT slip is to maintain the secrecy of the vote while still allowing the voter to verify their vote for seven seconds. The glass also serves to protect the slip from damage or tampering. The court reasoned that giving voters physical access to the VVPAT slips could lead to potential misuse, malpractices, and disputes.
Return to Paper Ballot	The petitioner suggested this move, referencing countries like Germany that have returned to paper ballots. They also proposed the idea of adding barcodes to VVPAT slips to facilitate the use of counting machines and minimise delays in vote counting.	The court countered this suggestion by highlighting the benefits of Electronic Voting Machines (EVMs), which include preventing booth capturing, eliminating invalid votes, offering administrative convenience, and reducing the use of paper. The court did not provide an opinion on the barcode suggestion, stating that it is a technical matter for the ECI to decide.

What Lies Ahead?

The Court recognized certain concerns raised by the petitioners, particularly regarding the sealing of SLUs. Additionally, candidates are now permitted to request verification of EVM software, including microcontrollers, if there are doubts regarding the election results.
This marks a noteworthy change in how electoral technology is handled and scrutinised in India. Despite acknowledging concerns, the Court reaffirmed the integrity of EVMs and VVPATs.
The Court dismissed the necessity for full cross-verification and endorsed the ongoing use of electronic voting systems.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Prelims

Q:1 Consider the following statements: (2017)

The Election Commission of India is a five-member body.
The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(d) 3 only

Ans: (d)

Mains

Q:1 Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)

Q:2 In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (2018)

Q:3 To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (2017)

References:

FAQs

Q: What was the Supreme Court’s ruling regarding Electronic Voting Machines (EVMs)?

The Supreme Court ruled that the use of Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT) is integral for ensuring the transparency and credibility of the electoral process. The court emphasized the importance of VVPATs as a means to provide a paper trail for voters to verify their votes, thus enhancing the trustworthiness of the electoral process.

Q: What prompted this ruling by the Supreme Court?

The ruling came in response to petitions filed by various political parties and activists raising concerns about the integrity and transparency of EVMs. Allegations of tampering and manipulation of EVMs without a paper trail raised serious doubts about the electoral process. The Supreme Court’s decision aimed to address these concerns and uphold the democratic principles of free and fair elections.

Q: How does the use of Voter Verifiable Paper Audit Trail (VVPAT) enhance electoral transparency?

VVPAT provides voters with a physical paper trail of their vote, which they can verify before casting their ballot. This enhances transparency by allowing voters to independently verify that their vote has been recorded accurately by the EVM. In case of any discrepancy or suspicion, the paper trail serves as tangible evidence for auditing and resolving disputes, thereby increasing confidence in the electoral process.

Q: What are the implications of this ruling on future elections in India?

The Supreme Court’s ruling reinforces the significance of transparency and accountability in the electoral process. It mandates the use of VVPATs alongside EVMs in all future elections to ensure the integrity of the voting system. This decision is expected to bolster public confidence in the electoral process and mitigate concerns regarding the manipulation or malfunctioning of EVMs.

Q: What measures will be taken to implement the Supreme Court’s directive on EVMs and VVPATs?

The Election Commission of India (ECI) will be responsible for implementing the Supreme Court’s directive on the use of EVMs with VVPATs. The ECI will need to ensure the procurement, deployment, and proper functioning of VVPAT-enabled EVMs across all polling stations in the country. Additionally, voter education and awareness campaigns may be conducted to familiarize voters with the use of VVPATs and emphasize their role in safeguarding the integrity of the electoral process.

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Supreme Court Judgement on EVMs – UPSC