Supreme Court verdict on EVMs

#### GS Paper 2

Syllabus: Election Process

Source: IE, TH

Context: The recent Supreme Court verdict confirms the safety of Electronic Voting Machines (EVMs), dismissing pleas for a return to paper ballots or 100% verification of votes.

What did the SC say?

Aspect | Supreme Court VVPAT Judgement

On Voter and Voting Process | Voting will continue to take place using EVMs, with 100% of the machines attached to a VVPAT unit.

As per the existing provisions, VVPAT slips of five randomly selected Assembly constituencies or segments would be counted to verify with the count of the EVMs.

On Storage of Symbol Loading Units (SLUs) | EC was directed to seal and store SLUs for 45 days post-results declaration.

SLUs, memory units used to load election symbols onto VVPAT machines, to be handled like EVMs.

On Candidates’ Verification of EVMs | Candidates ranking second or third can request verification of burnt memory semi-controllers in 5% of EVMs per Assembly segment in each Parliamentary constituency.

The cost of such verification will be borne by the candidates themselves.

On Feasibility of Counting VVPAT Slips using a Machine | EC urged to examine the feasibility of counting VVPAT slips with a machine, possibly using barcodes for faster counting.

Significance of the Judgement:

The SC judgement holds significant importance as it introduces measures to enhance trust in India’s voting system. Firstly, mandating the storage of Symbol Uploading Units (SULs) ensures the accuracy of vote counting. Secondly, the rechecking of EVMs addresses candidates’ legitimate concerns, fostering transparency. Ultimately, the judgment reaffirms the credibility of India’s electoral process.

Issues with the SC Judgment:

• Dismissal of Public Opinion: The SC’s dismissal of public concerns regarding EVM trust without thorough investigation raises doubts about the transparency of the decision-making process.

• Lack of Empirical Data: Failure to inquire about empirical data on voter experiences with VVPAT slips undermines the credibility of the judgment.

• Conflict of Interest: Allowing engineers from EVM manufacturers to verify burnt memory (and no third-party verification) presents a conflict of interest, raising concerns about impartiality.

• Ignoring Counting of VVPAT Slips: Disregarding the importance of counting VVPAT slips undermines transparency and public trust in the electoral process.

What are EVMs?

The Electronic Voting Machine (EVM) is a microcontroller-based device developed by the Election Commission of India (ECI) in collaboration with the Electronics Corporation of India and Bharat Electronics Limited. It was first used in the Kerala general election in 1982 and consists of a control unit for polling officers and a balloting unit for casting votes.

What are VVPATs?

The Voter Verifiable Paper Audit Trail (VVPAT) is a system attached to the EVM to verify that votes are cast as intended. It allows voters to see a printed slip for 7 seconds, displaying the serial number, name, and symbol of the chosen candidate.

In the Subramanian Swamy Case (2013), the Supreme Court directed the Election Commission to introduce VVPAT in EVMs gradually for the 2014 Lok Sabha elections and instructed the Centre to allocate funds for procurement.

Further, a Supreme Court order in 2019 mandated VVPAT cross-verification of 5 EVMs in each assembly segment of a parliamentary constituency.

What are Symbol Loading Unit (SLU)?

It is a small device connected to a laptop or personal computer to load candidate names, serial numbers, and symbols onto the Voter-Verified Paper Audit Trails (VVPATs) under the supervision of a district election officer. Introduced about a decade ago alongside VVPATs, SLUs play a crucial role in ensuring accurate representation during the voting process. They are used a few days before polling begins to load symbols onto VVPATs, and after this process, they are returned to engineers for safekeeping until the next phase of polling.

Advantages of EVM

Advantages |

1. 1.Cost-effective | Eliminates the need for ballot paper production and printing.
2. 2.Eliminates Booth capturing | Eliminates the possibility of booth capturing, ensuring fairer elections.
3. 3.Administrative ease | Provides convenience for polling officers and speeds up counting.
4. 4.Time efficiency | Reduces election duration and results declaration time.

Advantages of VVPAT:

Advantages |

1. 1.Vote verification | Enables voters to verify that their votes are correctly registered.
2. 2.DRE system | Operates under a Direct Recording Election system, enhancing fraud detection.
3. 3.Electoral transparency | Offers greater transparency by allowing manual vote counting in case of disputes.

Challenges with EVM:

Challenges |

1. 1.Hacking susceptibility | Vulnerable to manipulation and hacking, compromising results, but not proven yet.
2. 2.Limited transparency | Lack of transparency in design and operation undermines evaluation.
3. 3.Security concerns | Risks of unauthorized access, manipulation, or cyberattacks.

Challenges with VVPAT:

Challenges |

1. 1.Small sample size | A limited sample size may not detect faulty EVMs during counting.
2. 2.Technological glitches | Malfunctions due to weather conditions or sensitivity to light.
3. 3.Voter intimidation | Potential for booth-wise profiling and intimidation.
4. 4.Storage concerns | Challenges associated with safe storage and integration with EVMs.

The way forward and Conclusion:

Moving forward, several key steps can enhance the reliability and transparency of the EVM-VVPAT-enabled electoral process. Firstly, addressing the lacunae in VVPAT technology is crucial, including measures to use sustainable inks, and reduce sensitivity to external factors like heat and light. Secondly, deploying a proper statistical method for counting votes will ensure accuracy and integrity. Thirdly, updating the VVPAT protocol to allow voters to cancel their vote in case of discrepancies can increase reliability. Additionally, promoting open-source code review will enable impartial specialists to evaluate technology’s accuracy and security. Implementing Risk-Limiting Audits (RLA) for cross-checking electronic tally with VVPAT counts will further enhance integrity. Lastly, public awareness and education about EVM technology and security measures are essential to build confidence in the electoral process, rather than reverting to a paper ballot system.

Insta Links

• Credibility of Electronic Voting Machines

Consider the following statements: (UPSC 2017)

• The Election Commission of India is a five-member body.

• The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

• Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only (b) 2 only (c) 2 and 3 only (d) 3 only

Ans: D