SC Upholds EVM and VVPAT System | 29 Apr 2024

Source: TH

Why in News?

Recently, the Supreme Court in the Association of Democratic Reforms v. Election Commission of India Case, 2024, upheld the electronic voting machine (EVM) system, rejecting a return to paper ballots. Also, the Court rejected the request for 100% cross-verification of EVM votes with Voter verifiable paper audit trail (VVPAT) slips, maintaining the current random 5% verification in Assembly constituencies.

• However, the Court issued a series of directions to the Election Commission of India (ECI) to strengthen the existing system.

What is the Supreme Court’s Current Observation on EVM and VVPATs?

• Insufficient Evidence to Question Polling System: The Court, drawing from a range of legal precedents, emphasised that there is insufficient evidence to question the current polling system, particularly after the implementation of VVPATs.
  • In the 2013 case of Subramanian Swamy v. Election Commission of India, the Court declared that a paper trail is essential for ensuring fair elections.
  • Subsequently, in 2019, when addressing a petition advocating for a 50% cross-verification of EVM votes with VVPAT slips in each Assembly constituency, the Court favoured increasing the number of polling stations conducting VVPAT verification from 1 per Assembly constituency to 5.
• Neutrality of EVM Microcontrollers: SC observed that the microcontrollers programmed separately by EVM manufacturers are neutral, as they do not favour any political party or candidate but only record the buttons pressed by voters.
  • SC also pointed out that any unauthorised attempt to access the EVM's microcontroller or memory triggers the Unauthorized Access Detection Mechanism (UADM), rendering the EVM permanently disabled.
• Security Measures in EVMs: Highlighting the security measures, the court noted that the program installed in the EVMs is securely hashed and burned into a One Time Programmable microcontroller chip during manufacturing, eliminating any possibility of tampering.
  • Additionally, all three units of the EVM – the ballot unit, control unit, and VVPAT – have microcontrollers with firmware that cannot be altered after delivery to the ECI by the manufacturer.

How EVMs and VVPAT were Introduced in India?

• 1977-1979: The idea of EVM was conceived in 1977 and a prototype was developed by Electronics Corporation of India Ltd (ECIL), Hyderabad, in 1979.
• 1980: The Election Commission demonstrated an EVM on 6th August 1980. After consensus on its use, the ECI issued directives under Article 324 for the use of EVMs.
• 1982: EVMs were used in 50 polling stations during elections in the Parur seat of Kerala. The Supreme Court ruled against the legality of EVMs' use.
• 1988: A section of the Representation of the People Act, 1951 was amended in december 1988 and a new section, 61A, was included in the law, empowering the EC to use EVMs. The amendment came into force on 15th March 1989.
• 1990: An Electoral Reforms Committee under Dinesh Goswami was constituted, which recommends a technical examination of EVMs. The Technical Expert Committee recommended EVMs "without any further loss of time marking it technically sound, secure and transparent".
• 1998: EVMs were used in 16 Assembly elections across Madhya Pradesh, Rajasthan and New Delhi.
• 2001: State assembly elections in Tamil Nadu, Kerala, Puducherry, and West Bengal were completely conducted using EVMs. All state assembly elections thereafter witnessed the use of this machine
• 2004: EVMs were used in all 543 constituencies of Lok Sabha elections.
• 2013: Amendment to the Conduct of Election Rules, 1961 introduced the use of Voter Verifiable Paper Audit Trail (VVPAT) machines. Used in the by-election for the Noksen assembly seat in Nagaland.
• 2019: First Lok Sabha election in which EVM was fully backed by a VVPAT EVM.

How is EVM better than the Paper Ballot System?

• Accuracy and Reduced Errors: EVMs eliminate the possibility of human errors such as miscounting, double voting, or invalid votes due to unclear markings.
  • The digital nature of EVMs ensures precise tabulation of votes, leading to more accurate election results compared to manual counting.
• Faster Counting and Results: EVMs significantly reduce the time required for vote counting as compared to traditional paper ballots, allowing for quicker declaration of election outcomes.
  • This swift counting process helps in minimising uncertainties and delays associated with manual counting methods.
• Environmentally Friendly: EVMs contribute to environmental sustainability by reducing paper usage, thus lowering the environmental impact associated with printing and managing large quantities of paper ballots.
  • The shift towards electronic voting aligns with global efforts to promote eco-friendly practices in electoral processes.
• Enhanced Security Measures: EVMs incorporate advanced security features such as encryption, secure booting, and tamper detection mechanisms, making them less susceptible to tampering or fraud which is very likely in paper ballot systems through booth capturing, pouring ink into ballots and ballot box stuffing.
  • The digital encryption of votes ensures the integrity and confidentiality of the electoral process, enhancing overall security and trust in election outcomes.

Read more: Electoral Reforms in India