TAG: GS 2: POLITY
THE CONTEXT: In a significant development, the Supreme Court on April 26 rejected the plea seeking 100% cross-verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail (VVPAT) records.
EXPLANATION:
- The EVM-VVPAT case, adjudicated by a bench of Justices Sanjiv Khanna and Dipankar Datta, addressed various pleas concerning the integrity and transparency of India’s electoral process.
- These included demands for 100% cross-verification of votes cast using Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT), as well as a request to revert to the traditional ballot paper system.
- The Supreme Court rendered two concurring verdicts, dismissing all pleas presented before it, emphasizing the importance of balanced scrutiny over unwarranted scepticism towards the electoral system.
Directives Issued by the Supreme Court
- Sealing and Storage of EVM Units: Justice Khanna directed the Election Commission of India (ECI) to seal and securely store units responsible for loading symbols onto EVMs in strong rooms for a duration of 45 days after the symbols have been loaded.
- Verification of Microcontrollers: The Supreme Court permitted engineers of EVM manufacturers to verify the microcontroller of the machines post the declaration of results. This verification can be initiated upon the request of candidates securing second and third positions. Candidates must make this request within seven days of result declaration, and payment of fees is required for this verification.
- Verification of Burnt Memory Semicontroller: Candidates securing the second and third positions in the election results are entitled to request verification of burnt memory semicontrollers in 5% of EVMs per assembly segment in a Parliamentary constituency. This request must be made within seven days of result declaration, specifying the serial numbers of the EVMs to be checked. Candidates and their representatives can be present during this verification process.
- Notification of Authenticity: Following the verification process, the district electoral officer should notify the authenticity of the burnt memory.
- Expense Bearings: Candidates initiating the verification process are liable to bear the expenses associated with it, as notified by the Election Commission of India (ECI).
- Refund in Case of Tampering: If any tampering is detected during the verification process, the fees paid by the candidates will be refunded.
Supreme Court’s Assertion
- The bench emphasized that while maintaining a balanced perspective is crucial, blindly distrusting any aspect of the system can lead to unwarranted scepticism.
- This underlines the importance of critical evaluation without fostering undue mistrust.
Petitioners and Their Demands
- NGO Association for Democratic Reforms was one of the petitioners, seeking reversal of the poll panel’s 2017 decision regarding the replacement of transparent glass on VVPAT machines with opaque glass.
- Additionally, petitioners called for a return to the traditional ballot paper system.
Electronic Voting Machine:
- EVM is a device used to record votes electronically.
- They were first used in the Paravur Assembly Constituency of Kerala in the year 1982.
- Since 1998, the Election Commission has increasingly used EMVs instead of ballot boxes.
- In 2003, all state elections and by-elections were held using EVMs.
- Encouraged by this, in 2004, the Commission took a historic decision to use only EVMs for the Lok Sabha elections.
- EVMs eliminate the occurrence of ‘Invalid Votes’ seen frequently with paper ballots, ensuring a more accurate reflection of voter choice and reducing complaints and legal disputes.
- EVMs streamline the voting process, making it faster and more efficient. They eliminate the need for manual counting, reducing the time required to declare election results.
Voter Verifiable Paper Audit Trail (VVPAT):
- A VVPAT was first used in Noksen (Assembly Constituency) of Nagaland in September 2013.
- On a large scale, VVPAT along with EVMs, used for the first time in India in the 2013 Mizoram Legislative Assembly election, in 10 assembly seats out of 40.
- By using a ballotless voting system it provides feedback to voters.
- It is an independent verification system for voting machines as it allows voters to verify whether their vote was cast correctly or not.
- It also detects malfunction or possible election fraud and acts as a means of an audit tool for the stored electronic results by enabling electronic voting machines to record each vote cast by generating the EVM slip.