Supreme Court Directs Election Commission on EVM Verification

The Supreme Court of India has mandated the Election Commission (EC) to ensure the preservation of poll data stored in Electronic Voting Machines (EVMs) during verification processes. This directive follows a petition from the Association for Democratic Reforms, which raised concerns about the integrity of election results. The court’s order aims to enhance transparency in the electoral process.

Supreme Court Orders

On April 26, 2024, the Supreme Court instructed the EC to allow candidates finishing second and third in elections to request verification of up to 5% of EVMs and Voter Verified Paper Audit Trails (VVPATs). The court emphasised that no data should be deleted from these machines while the verification is conducted.

Election Commission’s Verification Process

In July 2024, the EC released its Standard Operating Procedure (SOP) for checking and verification. Candidates can apply for verification within a specified timeframe. The EC conducts mock polls involving up to 1,400 votes per machine to match results with VVPAT slips. If results align, the machines are deemed reliable.

Data Retention Policy

The EC retains EVM and VVPAT data for 45 days post-election. This period allows candidates to file election petitions. If a petition is filed, the relevant EVMs are stored and remain unavailable for future elections until the case is resolved. If no petition is filed, the data is deleted after 45 days for reuse.

Concerns Raised by Petitioners

The Association for Democratic Reforms has expressed that the EC’s SOP lacks provisions for an in-depth examination of the EVM’s software and hardware. They argue that independent engineers should conduct thorough checks on the EVM systems to ensure no tampering has occurred.

Verification Outcomes

Following the Supreme Court’s order, candidates were given a week to request verification after the Lok Sabha election results were announced on June 4, 2024. So far, 83 applications for verification have been received covering various state assembly elections. The EC reports no discrepancies between the VVPAT slips and EVM counts during the verification process.

Public Trust in Electoral Processes

The ongoing dialogue about EVM verification marks the importance of public trust in electoral processes. Ensuring transparency and accountability is crucial for maintaining the integrity of elections in India. The Supreme Court’s involvement puts stress on the judiciary’s role in safeguarding democratic principles.

Questions for UPSC:

1. Examine the implications of the Supreme Court’s directive on the Election Commission’s verification process.
2. Critically discuss the role of technology in enhancing electoral transparency and accountability in India.
3. Discuss in the light of recent electoral reforms, how can public trust in EVMs be strengthened?
4. Taking examples of previous electoral disputes, analyse the significance of data retention policies in ensuring fair elections.

Answer Hints:

1. Examine the implications of the Supreme Court’s directive on the Election Commission’s verification process.

1. The directive mandates that EVM data must be preserved during verification, enhancing transparency.
2. It allows candidates finishing second and third to request verification of up to 5% of EVMs and VVPATs.
3. This increases accountability of the Election Commission in the electoral process.
4. It may lead to more rigorous scrutiny of election results, potentially influencing public confidence.
5. The order emphasizes the need for a clear and effective verification process by the EC.

2. Critically discuss the role of technology in enhancing electoral transparency and accountability in India.

1. Technology, through EVMs and VVPATs, aims to streamline the voting process and reduce human error.
2. It allows for real-time counting and quicker results, improving electoral efficiency.
3. However, concerns about tampering and data integrity necessitate robust verification procedures.
4. Technological advancements can enhance transparency through public access to verification processes.
5. Continuous updates and audits of the technology used are essential to maintain public trust.

3. Discuss in the light of recent electoral reforms, how can public trust in EVMs be strengthened?

1. Implementing comprehensive verification processes as mandated by the Supreme Court can boost trust.
2. Involving independent observers and engineers in the verification process enhances credibility.
3. Regular public education campaigns about EVM functionality can demystify the technology.
4. Transparency in data retention and deletion policies is crucial for public confidence.
5. Encouraging feedback from voters and addressing concerns proactively can strengthen trust.

4. Taking examples of previous electoral disputes, analyse the significance of data retention policies in ensuring fair elections.

1. Data retention policies help preserve evidence in case of electoral disputes or petitions.
2. For example, the 2019 Lok Sabha elections had disputes where data retention was crucial for resolution.
3. Ensuring data is available for scrutiny allows for accountability and transparency in the electoral process.
4. Without proper data retention, allegations of tampering could go unverified, undermining public trust.
5. Effective data policies can deter potential electoral fraud by ensuring mechanisms for verification are in place.