The Supreme Court, on April 26, delivered a significant verdict by dismissing all petitions that sought complete cross-verification of votes cast using Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT). Additionally, the Court rejected appeals for a return to the ballot paper system for elections. The bench comprising Justices Sanjiv Khanna and Dipankar Datta pronounced the verdict after an elaborate discussion on the protocols and technical aspects of the matter.
Justice Khanna, while pronouncing the judgment, highlighted the Court’s rejection of the request for 100 per cent verification of EVM votes with VVPAT slips. However, he suggested exploring the possibility of electronic machines for counting paper slips, accompanied by a bar code system.
The Court issued two directives in its verdict. Firstly, it mandated that Symbol Loading Units (SLUs) used in the VVPATs should be sealed and secured in containers for at least 45 days after the completion of the symbol loading process. Secondly, the burnt memory semicontroller in 5 per cent of the EVMs per assembly segment of the parliamentary constituency would be verified by a team of engineers from the EVM manufacturers.
During the hearing, Justice Datta underscored the importance of maintaining a balanced perspective while evaluating systems or institutions. He cautioned against blindly distrusting any aspect of the system, which could breed unwarranted scepticism and impede progress.
The VVPAT machine, attached to the EVM, provides visual verification of a voter’s choice by printing a slip of paper. Despite opposition demands for the cross-verification of all VVPAT slips with EVM votes, the Supreme Court’s verdict upholds the existing protocol.
In recent years, questions have been raised about the reliability of EVMs, leading to calls for increased scrutiny of the voting process. The rejection of petitions seeking 100 per cent verification of VVPAT slips reflects a divergence of views on the efficacy of electronic voting systems.
The verdict follows a petition filed by NGO ‘Association for Democratic Reforms,’ among others, seeking to reverse the Election Commission’s decision to replace the transparent glass on VVPAT machines with an opaque glass. The petitioners also advocated for a return to the traditional ballot paper system.
The Supreme Court’s decision holds significance against the backdrop of the ongoing Lok Sabha elections, which began on April 19 and will conclude with the announcement of results on June 4. While the Court’s ruling settles the legal debate on EVM verification, it also underscores the importance of trust and collaboration in strengthening democratic institutions.
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