• UGI USER
  • Apr 27, 2024
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TRUST IN MACHINES:ON THE SUPREME COURT AND THE EVM 

Source:

GS-II :

Governance, Constitution, Polity.

Why in the news?

Supreme Court’s decision on EVM paper trail verification sparks debate, reaffirms trust in electoral process.

source:micoope

Introduction:

  • The recent ruling by the Supreme Court of India regarding the verification of paper trails in Electronic Voting Machines (EVMs) has sparked discussions and debates.
  • This editorial aims to dissect the key points of the Court’s decision and provide insights into its implications for India’s electoral process.
What is an Electronic Voting Machines (EVM)?

  • Definition: Electronic Voting Machine (EVM) is a device for electronically recording votes in elections.
  • Introduced in 1982 in Kerala’s Paravur Assembly Constituency.
  • Components: Consists of a Control Unit and Balloting Unit for streamlined voting.
  • Functionality: Voters select candidates by pressing buttons.
  • Secrecy: Ensures the secrecy and accuracy of votes.
  • Importance: Integral to electoral processes globally for efficiency and reliability.
  • Role: Records and tallies votes accurately, enhancing the electoral process.
  • Transitioned from traditional ballot boxes to EVMs gradually.
  • Extended to state elections and by-elections.
  • Solely used for Lok Sabha elections since 2004.

Key Features of Electronic Voting Machines (EVMs):

  • Operate without electricity, using batteries.
  • Utilise one-time programmable/masked chips for security.
  • Standalone system, minimising external manipulation risk.
  • Some are equipped with Voter Verifiable Paper Audit Trail (VVPAT).
  • VVPAT prints paper slip for manual verification.

Understanding Voter Verifiable Paper Audit Trail (VVPAT):

  • Voter Verifiable Paper Audit Trail (VVPAT) provides feedback to voters in ballotless voting systems.
  • It verifies votes, detects fraud or malfunction, and enables result audits.
  • VVPAT displays candidate name and symbol on a paper slip.
  • Proposed by Election Commission of India (ECI) in 2010.
  • The Supreme Court directed phased implementation in 2013, mandated use in 2017.
  • VVPAT attached to Electronic Voting Machines (EVMs).
  • Prints paper slip with candidate details when voter selects candidate on EVM.
  • Slip visible for seven seconds, then dropped into a sealed box for security.
  • Accessed only by polling officers for recounts or audits.

What is the Election Commission of India?

  • The Election Commission of India (ECI) is an autonomous constitutional authority.
  • Established on January 25, 1950.
  • Administers elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, President, and Vice President.
  • Secretariat located in New Delhi.
  • Governed by constitutional provisions under Articles 324-329.

About the Upholding Trust in Electronic Voting Machines: A Review of the Supreme Court’s Verdict

  • Faith in Electoral Integrity:
  • The Supreme Court’s rejection of the demand for 100% verification of paper trails reaffirms the judiciary’s confidence in the existing electoral system.
  • It underscores the importance of maintaining trust in the integrity of elections, especially in the context of evolving technology and electoral practices.
  • The Court’s decision to uphold the Voter Verifiable Paper Audit Trail (VVPAT) as an essential component of free and fair elections reflects its commitment to transparency and accountability.
  • Rejection of Regressive Measures:
  • Despite calls for reverting to paper ballots, the Court has rightly dismissed such regressive measures.
  • Past rulings, including the mandate for paper trails and the expansion of VVPAT verification, demonstrate the judiciary’s progressive approach towards electoral reforms.
  • Upholding the use of EVMs and VVPATs aligns with global trends towards digitalization and enhances the efficiency and accuracy of the voting process.
  • Administrative and Technical Safeguards:
  • The Court’s directives to secure symbol loading units and allow for microcontroller verification address concerns regarding potential tampering.
  • These measures aim to strengthen the resilience of the electoral infrastructure and mitigate risks associated with electoral malpractice.
  • By prioritising the security and integrity of the voting machines, the Court reinforces the importance of safeguarding the democratic process.
  • Embracing Technological Advancements:
  • Suggestions for future technological enhancements, such as barcode labelling and machine counting of VVPAT slips, highlight the potential for innovation in electoral procedures.
  • Leveraging technology to improve the verification process can enhance efficiency, accuracy, and transparency in elections.
  • Emphasising the role of technological advancements in addressing emerging challenges and ensuring the credibility of electoral outcomes.
  • Addressing Mistrust and Impartiality:
  • The presence of apprehensions and suspicions underscores the need for maintaining public trust in the Election Commission of India.
  • While voter confidence in the electoral process is essential, ensuring the impartiality and credibility of the election watchdog is equally critical.
  • Efforts to address concerns about potential manipulation and bias are essential for upholding the integrity of India’s electoral democracy.

Challenges:

  • Technical Challenges:
  • Security: Ensuring tamper-proof EVMs and resisting hijacking attempts.
  • Example: ECI’s hackathon in 2017 demonstrated EVM robustness.
  • Malfunctioning: Reports of EVM malfunctions during elections raise doubts.
  • Example: Malfunctioning EVMs during 2019 Lok Sabha elections led to re-polling.
  • Transparency and Auditability:
  • VVPAT: Providing transparency through voter-verified paper audit trail machines.
    • Example: Usage of VVPATs in 2019 general elections raised concerns.
    • Regular audits: Conducting audits of EVMs and VVPATs for process integrity.
      • Example: Increased VVPAT slip counting rate in 2019 elections.
    • Perception and Awareness:
      • Public trust: Building trust in EVMs and the electoral process.
      • Example: ECI’s workshops and seminars educate the public and parties.
      • Misinformation: Combating misinformation and fake news about EVMs.
      • Example: ECI’s social media monitoring cell counters fake news.
    • Legal Challenges:
      • Judicial scrutiny: Addressing legal challenges filed regarding EVM use.
      • Example: ECI agreed to increase VVPAT slip counting in response to a PIL in 2018.

Measures to Address Challenges:

  • Amendment in ECI appointment process for transparency.
  • Safeguards against device malfunctioning, including trained workforce.
  • Enhanced voter awareness through programs like SVEEP.
  • Charging ECI expenditure from Consolidated Fund.
  • Establishing a separate cadre for institutional autonomy.

Conclusion:

The Supreme Court’s verdict on the verification of paper trails in EVMs reaffirms its commitment to upholding the integrity of India’s electoral process.By rejecting regressive measures and emphasising the importance of technological safeguards, the Court contributes to strengthening the democratic fabric of the nation.Continued efforts to enhance transparency, accountability, and public trust are essential for safeguarding the credibility of elections in India.

Source: https://www.thehindu.com/opinion/editorial/trust-in-machines-on-the-supreme-court-and-the-evm/article68110892.ece

Mains Practice Question:

Analyse the recent Supreme Court judgement rejecting the demand for 100% verification of the paper trail left by votes cast through Electronic Voting Machines (EVMs). Examine the implications of the judgement on electoral integrity and public trust in the

electoral process. Discuss the measures suggested by the Court to address concerns regarding EVM tampering and the need for impartiality of the Election Commission of India.