New Delhi, Apr 16 : -(Live Law.in ) The Supreme Court on Tuesday delved into the petitions advocating for comprehensive verification of Electronic Voting Machine (EVM) data against Voter-Verifiable Paper Audit Trail (VVPAT) records.
After a marathon hearing lasting over two hours, the bench comprising Justices Sanjiv Khanna and Dipankar Datta deferred the matter to April 18 for further deliberation. Notably, this decision comes on the eve of the commencement of the first phase of Lok Sabha elections on April 19.
At the onset of the proceedings, the bench apprised Advocate Prashant Bhushan (representing the Association for Democratic Reforms) of the Court’s prior consideration of the issue in 2019. During that hearing, the Court had mandated the increase in VVPAT count from one EVM to 5 EVMs per assembly segment in a constituency. Bhushan contended that the order was issued due to time constraints preceding the 2019 Lok Sabha elections and asserted that the matter remains open for adjudication.
“We aren’t alleging manipulation of EVMs. We are stating they can be manipulated, both EVM and VVPAT,” Bhushan argued. He highlighted the programmable nature of EVMs and VVPATs, emphasizing the potential insertion of malicious programs.
Responding to queries regarding the relief sought, Bhushan proposed three alternatives:
- Return to the paper ballot system;
- Permit voters to physically deposit VVPAT slips in the ballot box and tally the slips;
- Introduce transparency by making the glass of EVMs transparent, enabling the inspection of all VVPAT slips.
Bhushan advocated for prioritizing the VVPAT count over the EVM count in case of discrepancies.
During the discourse, Justice Khanna underscored concerns regarding human intervention, opining, “Normally, human intervention is going to create problems. Machine normally, without any wrong human intervention, will work properly, will give accurate results.” He expressed apprehension over potential manipulation due to unauthorized human intervention.
In response, Senior Advocate Gopal Sankaranarayanan echoed Bhushan’s arguments, emphasizing the objective of enhancing voter confidence.
As the hearing progressed, the bench directed queries to Senior Advocate Maninder Singh, representing the Election Commission of India (ECI), regarding measures ensuring EVM security. The ECI assured the bench of stringent sealing protocols and highlighted legal provisions penalizing EVM tampering.
The petition, filed by the Association for Democratic Reforms through Advocate Prashant Bhushan, seeks expanded verification of EVM-VVPAT data and asserts voters’ fundamental right to verify their votes. While the petition awaits adjudication, it has reignited debates surrounding the efficacy and transparency of India’s electoral process.
