SC reserves verdict on EVM-VVPAT verification

The Supreme Court of India reserved its decision on a petition regarding the verification of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs) on Wednesday, April 24, reiterating its stance that it lacks authority over the conduct of elections, a domain governed by another constitutional body. This development arises just before the second phase of the Lok Sabha Elections 2024, scheduled for April 26.

The bench, led by Justices Sanjiv Khanna and Dipankar Datta, had previously deferred its verdict on a set of pleas advocating for comprehensive cross-verification of votes cast using EVMs with VVPAT on April 18. They expressed the need for clarification on certain aspects, noting confusion in the Election Commission’s responses in its ‘frequently asked questions’ (FAQs) on EVMs.

During the hearing, Justice Datta highlighted to advocate Prashant Bhushan that no incidents of malicious program loading alongside symbols had been reported. “Out of the 5% VVPATs counted, any candidate can identify if there is any discrepancy,” Justice Datta queried.

Justice Datta further emphasized, “To date, there have been no reports of such incidents (malicious program loading alongside symbols). We cannot regulate the election, Mr. Bhushan, as that falls under the jurisdiction of another constitutional authority.”

Justice Khanna provided assurance, stating, “If there are areas for improvement, we can certainly address them. The courts have intervened twice: first, when we mandated the use of VVPAT, and second, when we increased verification from one to five percent.” The Supreme Court underscored that whenever suggestions were sought to enhance the voting process, the submissions consistently favored a return to ballot papers.

In its defense, an Election Commission official informed the apex court, “Each of the three units, CU, BU, and VVPAT, contains its own microcontrollers, securely housed within. These microcontrollers cannot be physically accessed.”

The court’s order was issued during the hearing of multiple petitions seeking thorough cross-verification of votes cast using EVMs.

One of the petitioners, the NGO ‘Association for Democratic Reforms’ (ADR), urged the reversal of the poll panel’s 2017 decision to replace transparent glass on VVPAT machines with opaque glass, allowing voters to view the slip only when the light is on for seven seconds.

The pleas also advocated for voters to be permitted a canopy of the Voter Verifiable Paper Audit Trail (VVPAT) produced by EVM after each vote.

VVPAT serves as an independent vote verification system that enables voters to confirm whether their votes have been accurately registered.

Earlier in the day, the SC bench comprising Justices Sanjiv Khanna and Dipankar Dutta had raised inquiries regarding the functions of the microcontroller installed in the EVMs, the security of EVMs and VVPATs, and the maximum duration for which the machines are retained.