Editorial

Source: Indian Express

Introduction

Recently, the Supreme Court upheld the usage of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT). The Supreme gave this observation in the case of Association for Democratic Reforms v. Election Commission of India (ECI) and Anr. (2024).

What is VVPAT?

• As per ECI, to enhance the clarity and confirmability of the electoral process, amendments were made to the Election Rules of 1961, officially announced on 14^th August 2013.
  • This led to the introduction of the VVPAT.
• The first application of VVPAT was witnessed during the by-election for the 51-Noksen AC in Nagaland.

What is the Law Related to VVPAT?

The following rules of Conduct of Elections Rules, 1961 covers law related to VVPAT:

• Rule 49MA deals with the procedure in case of a complaint about particulars printed on the VVPAT paper slip. It allows the presiding officer to permit the elector to record a test vote and verify if the paper slip matches their choice. If there is a mismatch, the presiding officer has to stop further recording of votes on that EVM and act as per the Returning Officer's directions.
• Rule 56D allows candidates/agents to apply for counting of VVPAT paper slips for any polling station. The Returning Officer can allow it wholly or partially. If there is a discrepancy between EVM count and VVPAT slip count, the result sheet is amended as per the VVPAT slip count.
• Rule 57C requires the Returning Officer to seal the VVPAT paper slips in a manner prescribed by the Election Commission after counting is over.
• Rule 92 mandates the District Election Officer to keep the sealed VVPAT paper slips in safe custody.
• Rule 93 prohibits the inspection or opening of sealed VVPAT paper slip packets, except under orders of a competent court.
• Rule 94 states that the VVPAT paper slip packets cannot be destroyed except with prior approval of the Election Commission.

What are the Landmark Judgments related to VVPAT?

• Subramanian Swamy v. Election Commission of India (2013):
  • The Supreme Court held that "paper trail" is an indispensable requirement for free and fair elections.
  • The introduction of the VVPAT system ensures the accuracy of the voting system and restores the confidence of voters.
  • The ECI was permitted to introduce VVPAT in a gradual or phased manner for the upcoming general elections.
• Reshma Vithalbhai Patel v. Union of India (2018):
  • The Supreme Court noted the ECI's commitment to 100% coverage of VVPATs in all future elections to Parliament and State Legislative Assemblies.
• N. Chandrababu Naidu v. Union of India (2019):
  • The Supreme Court directed that the number of EVMs that would be subjected to VVPAT paper trail verification would be 5 per Assembly Constituency or Assembly Segments in a Parliamentary Constituency, instead of just one machine per constituency as per the existing guidelines.
• Tech for All v. Election Commission of India (2019):
  • The Supreme Court dismissed the PIL seeking 100% verification of VVPAT against the EVM outcomes, stating that it was a "mockery of democracy" to move such a petition after the clear ruling in N. Chandrababu Naidu case.

Conclusion

The utilization of VVPAT is important in upholding the transparency and integrity of the electoral process. Upheld by landmark judgments and enshrined in electoral rules, VVPAT ensures voters' confidence and contributes to the democratic ethos of free and fair elections.