Supreme Court ruling on EVM verification:
- The Court provided clarity on the process of Electronic Voting Machines (EVMs) verification, emphasizing that it should focus only on ensuring the microcontroller has not been tampered with.
- The ruling made it clear that the process should not involve any action that could alter the data stored in the machines, such as erasing or reloading it, ensuring the integrity of the machines remains intact.
Relevance : GS 2(Polity , Elections)
Key instruction for verification process:
- The Court directed that engineers should verify the microchips in the EVMs, confirming no tampering has occurred.
- This verification process must be carried out in the presence of the petitioners (candidates), which adds a layer of transparency to the procedure.
- The role of engineers is to certify that the microcontrollers are intact and have not been tampered with during the election process.
Petitioners’ concerns:
- The petitioners, represented by senior advocates Devadutt Kamat and Prashant Bhushan, raised concerns that the EVM verification process was more of a “mock poll” than an actual tampering check.
- They argued that the manner in which checks were being conducted did not provide the level of transparency and thoroughness they expected in verifying the EVMs’ integrity.
Election Commission’s defense:
- Senior advocate Maninder Singh, representing the Election Commission (EC), contested the maintainability of the petitions, suggesting that the issue had already been adjudicated in the past.
- Singh pointed out that some petitioners were revisiting the same issue after multiple rounds of litigation, including a judgment that upheld the use of EVMs, which the EC believes should settle the matter.
- This highlights the repetitive nature of the litigation around EVM verification and the EC’s position that the matter had already been addressed legally.
Next steps in the legal process:
- The Court has scheduled the next hearing for the week of March 3, 2025, to discuss the matter further.
- The EC has been instructed to file a short affidavit, providing its response to the petitioners’ concerns.
- This will likely lead to a more detailed examination of the verification procedures and whether there are any procedural improvements that could address the petitioners’ concerns.
Broader implications:
- The case reinforces ongoing public debates about the transparency and security of the electoral process, particularly the use of EVMs in elections.
- The Supreme Court’s ruling ensures that any verification of EVMs is conducted with transparency, but it also maintains that the fundamental integrity of the machines should be preserved, avoiding any manipulation of the data.
- This case could further influence future electoral reforms and the procedures for ensuring the credibility of voting systems in India.
