Context:
The Supreme Court of India recently dismissed a Public Interest Litigation (PIL) that sought the reintroduction of ballot papers in place of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs). The court emphasized that challenges to the reliability of EVMs typically arise following electoral losses, suggesting that such claims might be driven by dissatisfaction with election outcomes rather than substantive issues with the voting technology.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Controversy Surrounding EVMs
- Electronic Voting Machine (EVM)
- Voter Verifiable Paper Audit Trail (VVPAT) Machines:
- Challenges with VVPAT machines
Controversy Surrounding EVMs
The use of Electronic Voting Machines (EVMs) in India has been a subject of debate, with political parties and stakeholders questioning their reliability and raising concerns about potential tampering.
Key Issues Raised
- Allegations of Tampering:
- Political parties, often after election losses, have alleged that EVMs were tampered with, casting doubts on the voting process.
- Specific instances of controversy:
- 2009 General Elections: The losing party raised concerns about the credibility of EVMs.
- 2019 Lok Sabha Elections: Opposition parties questioned the integrity of EVMs after the elections concluded.
- 2020 Assembly Elections: Allegations resurfaced following elections in five states.
Election Commission’s Defense
- Reliability of EVMs:
- The Election Commission (EC) has consistently maintained that EVMs are secure and cannot be tampered with.
- Cited studies by technical experts affirming the machines’ robustness against hacking or manipulation.
Supreme Court’s Position
- Safeguards in Place:
- The Supreme Court noted that technical safeguards and stringent administrative protocols effectively prevent tampering.
- Rejection of Ballot Paper Proposal:
- The plea to revert to traditional ballot papers was dismissed as impractical and unsound.
Electronic Voting Machine (EVM)
- Electronic voting is the standard means of conducting elections using Electronic Voting Machines (EVMs) in India.
- The government-owned Electronics Corporation of India and Bharat Electronics designed and tested the technology in the 1990s.
- They were gradually incorporated into Indian elections between 1998 and 2001.
What are Remote EVMs?
- Multiple constituencies can be handled by a single remote polling booth using remote electronic voting machines (RVMs).
- Voter portability will be used as a pilot project in nine states’ upcoming 2023 Assembly elections.
- Voter portability could therefore be fully introduced in the general elections of 2024 if the pilot is a success.
Voter Verifiable Paper Audit Trail (VVPAT) Machines:
- VVPAT is an independent verification printer that is attached to electronic voting machines (EVMs).
- Its purpose is to allow voters to verify that their votes have been recorded accurately.
- As soon as a voter presses the button on the EVM, the VVPAT machine prints a slip containing the name and symbol of the party they voted for, which is visible to the voter for around 7 seconds.
- VVPAT Machines were first introduced in India during the 2014 Lok Sabha elections to increase transparency and eliminate doubts about the accuracy of EVMs.
- Only polling officers have access to the VVPAT machines.
- According to the Election Commission of India (ECI), EVMs and VVPATs are separate entities and are not connected to any network.
Challenges with VVPAT machines:
Technical malfunctions:
- Possibility of technical malfunctions is a primary concern with VVPAT machines.
- Malfunctions can result in inaccurate printing or no printing of the paper receipt of the vote cast by the voter.
- Verification of paper trails:
- Verification of paper trails generated by the VVPAT machines is another challenge.
- It is not always clear how this record can be verified, especially in cases of discrepancies between electronic and paper records.
Public confidence:
- Recent reports of defective VVPAT machines have eroded public confidence in the electoral process.
- Lack of transparency and accountability on the part of the EC has raised questions about the fairness and accuracy of elections.
Legal mandate:
- The Supreme Court in Dr. Subramanian Swamy v ECI (2013) held that VVPAT is an “indispensable requirement of free and fair elections”.
