The Hindu Editorial Analysis- 30th April 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The EVM-VVPAT case judgment is disappointing

Why in News?

The Supreme Court declined the request for complete verification of Voter Verified Paper Audit Trails (VVPATs) during Indian elections. Furthermore, the court dismissed the idea of reverting to the previous ballot paper system, a demand that opposition parties had put forward in recent times.

• The Supreme Court's decision implies that there will not be a 100% check on VVPATs.
• Opposition parties did not succeed in their push for a return to the older ballot paper system.

A Timeline of Introduction of VVPATs in India

• The concept of VVPAT machines was initially conceived in 2010 when the Election Commission of India (ECI) engaged in discussions with political parties to enhance the transparency of the EVM-based voting process.
• Field trials for the VVPAT prototype took place in various locations like Ladakh, Thiruvananthapuram, Cherrapunjee, East Delhi, and Jaisalmer in 2011.
• Following design refinements, additional trials, and feedback from political parties, an expert committee of the ECI officially sanctioned the VVPAT design in 2013.
• In 2013, amendments to the Conduct of Elections Rules 1961 permitted the attachment of a printer with a drop box to the EVM, paving the way for the VVPAT's integration.
• The inaugural use of VVPATs occurred at all 21 polling stations in the Noksen Assembly constituency of Nagaland in 2013.
• Subsequently, the ECI opted for a phased introduction of VVPATs, achieving complete adoption by June 2017.
• In 2018, the ECI sought assistance from the Indian Statistical Institute (ISI) to determine a statistically valid sample size for cross-referencing VVPAT slips with EVM results.
• Based on this consultation, the ECI mandated the cross-verification of VVPAT slips from a randomly chosen polling station in each Assembly constituency.
• This requirement was later expanded to include five polling stations per Assembly seat following a 2019 Supreme Court ruling.
• The selection of these five polling stations is conducted through a random draw overseen by the respective Returning Officer in the presence of candidates or their representatives.

What Have Been the Legal Cases Surrounding the VVPAT?

• Subramanian Swamy vs ECI (2013): The Supreme Court emphasized the necessity of a paper trail for ensuring free and fair elections. It directed the government to allocate funds for the implementation of VVPATs.
• Chandrababu Naidu Case (2019): 
  • In this case, Chandrababu Naidu petitioned the Supreme Court to mandate the random counting of at least 50% of VVPAT slips. The Election Commission expressed concerns that this process would significantly delay the announcement of election results, as cross-verifying VVPAT slips with EVM counts in a single polling station takes approximately an hour. 
  • The Election Commission cited logistical challenges, such as the availability of manpower, as barriers to expanding the number of polling booths where VVPAT slips are tallied. 
  • Despite these challenges, opposition parties stressed that preserving the integrity of elections outweighs the potential delay in result declaration. 
  • Consequently, the court instructed the Election Commission to count VVPATs in five polling stations instead of implementing the 50% random counting across all booths.

Recent VVPAT-EVM Tally Case

• In the year 2023, the Association for Democratic Reforms (ADR) lodged a plea in the highest court urging for the verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail (VVPAT) records to ensure the integrity of elections.
• The plea, in conjunction with other similar requests, advocates for the complete validation of votes recorded on EVMs utilizing VVPATs.
• To expedite this process, the ADR proposed the utilization of barcodes on VVPAT slips.

Key Details of Recent VVPAT-EVM Tally Case

• In 2023, the Association for Democratic Reforms (ADR) submitted a legal appeal before the highest judicial body, emphasizing the necessity to cross-verify data from Electronic Voting Machines (EVMs) with information on votes cast, using Voter Verifiable Paper Audit Trail (VVPAT) records to uphold the fairness of elections.
• The plea, alongside similar petitions, calls for a full 100% audit of votes registered on EVMs through the VVPAT mechanism.
• In order to streamline and expedite this verification process, the ADR recommended the integration of barcodes on VVPAT slips for efficient cross-referencing.

What has SC Ruled in the VVPAT-EVM Tally Case?

• The petition, along with other similar petitions, aims for the complete verification of votes cast on Electronic Voting Machines (EVMs) through Voter Verifiable Paper Audit Trail (VVPAT).
• To ensure thorough verification, the petition emphasizes the importance of 100% scrutiny of votes using the VVPAT system.
• For expediting the verification process, the Association for Democratic Reforms (ADR) proposed the utilization of barcodes on VVPAT slips.

Summary of Supreme Court Directions on Indian Electoral Process

• The Supreme Court of India has declined the request for 100% verification of VVPATs in Indian elections and has also dismissed the idea of reverting to the previous ballot paper system, demonstrating trust in the electoral process.
• However, the court has issued two significant directives and some recommendations to the Election Commission of India (ECI) to bolster the integrity of India's electoral procedures.
  • First Directive:
    • The court has instructed the ECI to securely seal and retain the symbol loading units (SLUs) for a period of 45 days following the announcement of election results.
    • SLUs function as memory units that are initially connected to a computer to load election symbols onto them, subsequently used to input candidates' symbols on the VVPAT machines.
  • Second Directive:
    • For the first time, the court has empowered candidates to request verification of the Electronic Voting Machines (EVMs) after the results have been declared.
    • If candidates securing the second and third positions in the election make such a demand within 7 days of result declaration, a team of engineers must examine the burnt memory in the EVM microcontroller.
    • Candidates are responsible for the expenses associated with this verification, which will be reimbursed if any tampering is detected in the EVM.
  • Suggestion on VVPAT:
    • The ECI is advised to explore the possibility of counting VVPAT slips using a counting machine rather than manual counting by individuals.
    • Introducing barcodes on VVPAT slips could facilitate machine-based counting, potentially enhancing efficiency and accuracy.

Summary of Key Legal Developments Regarding EVM Verification

• The Supreme Court has introduced a novel provision allowing candidates to request verification of Electronic Voting Machines (EVMs) for the first time.
• Verification of the burnt memory in the EVM microcontroller must be conducted by a team of engineers post-election results announcement if candidates securing the 2nd and 3rd positions make a formal request within 7 days of result declaration.
• Candidates are required to bear the expenses for this verification process, which will be reimbursed if any tampering with the EVM is detected.

Enhancing VVPAT Counting Process

• The Election Commission of India (ECI) is considering a proposal to utilize counting machines for tallying VVPAT slips instead of manual counting by individuals.
• An innovative approach involves incorporating barcodes on VVPAT slips to facilitate machine-assisted counting, potentially streamlining the electoral process.

Overview

• An Electronic Voting Machine (EVM) comprises two units: the control unit and the balloting unit, linked by a cable.
• The control unit, under the supervision of the presiding officer, is stationed with the polling officer.
• The balloting unit is placed in the voting compartment where voters cast their ballots.

Working of EVMs

• The control unit and balloting unit of an EVM are essential components of the voting process, ensuring secure and accurate elections.
• During elections, the control unit is managed by the presiding officer, while voters use the balloting unit to cast their votes.
• Through a wired connection, these units communicate, registering votes accurately and maintaining the integrity of the electoral process.

Introduction of VVPATs

• Voter Verified Paper Audit Trail (VVPAT) systems were implemented to enhance transparency and trust in the electoral process.
• VVPATs offer voters the opportunity to verify if their votes were recorded correctly and attributed to the intended candidate.
• This innovation acts as an additional layer of security and validation in the voting mechanism.

Supreme Court VVPAT Judgment

• The landmark Supreme Court ruling on VVPATs brought significant changes and clarifications to election procedures.
• While certain aspects of the voting process were altered, some fundamental elements remained unchanged post the judgment.
• The ruling aimed to uphold the sanctity of the electoral system and reinforce voter confidence in the democratic process.