The Supreme Court of India has directed the Election Commission of India (ECI) to file a response regarding a petition filed by the Association for Democratic Reforms (ADR) concerning the verification of Electronic Voting Machines (EVMs). The petition seeks the establishment of a clear protocol for the examination of burnt memory in EVMs to ensure greater transparency and accountability in the electoral process. A bench comprising Chief Justice Sanjiv Khanna and Justice Dipankar Datta has scheduled the hearing for the first week of March 2024.
The court has also issued an interim order, instructing the Election Commission to refrain from deleting or overwriting data in EVMs used in recently concluded elections. This directive aims to preserve the integrity of the data until the matter is resolved.
The ADR’s petition references a significant Supreme Court ruling from the previous year, in which the court declined to revert to the paper ballot system but emphasized the need for enhanced transparency in the use of EVMs. In its March 26, 2024 decision, the court allowed for the examination of the burnt memory of EVMs within one week of the declaration of election results. This provision was introduced to address concerns raised by candidates and political parties regarding the reliability of EVMs.
The court had previously ruled that candidates who secure the second or third position in an election could request a re-verification of the EVMs’ burnt memory within seven days of the results. The cost of such an examination would be borne by the candidate, with a refund provided if any discrepancies were found. The verification process would involve a team of engineers inspecting the microcontrollers of five randomly selected EVMs.
The ADR’s petition highlights the absence of a standardized protocol for the examination of burnt memory in EVMs. Currently, the Election Commission’s Standard Operating Procedures (SOPs) only mandate basic checks and mock polls for EVMs. The petition urges the Supreme Court to direct the ECI to develop a comprehensive protocol for inspecting the microcontrollers of all four components of an EVM: the Control Unit, Ballot Unit, Voter Verifiable Paper Audit Trail (VVPAT), and Symbol Loading Unit.
The petitioners argue that such a protocol is essential to address lingering doubts about the accuracy and reliability of EVMs. They contend that while EVMs have streamlined the electoral process, the lack of a robust verification mechanism undermines public confidence in the system.
The Supreme Court’s intervention in this matter underscores the judiciary’s commitment to upholding the integrity of India’s electoral process. By seeking a response from the Election Commission, the court has signaled its willingness to address concerns about the transparency of EVMs. The outcome of this case could have far-reaching implications for future elections, potentially leading to the establishment of more stringent verification procedures.
The ADR’s petition also reflects broader debates about the use of technology in elections. While EVMs have been lauded for reducing electoral fraud and expediting the counting process, critics have raised concerns about their vulnerability to tampering and the lack of a paper trail for comprehensive audits. The petition’s focus on burnt memory verification aims to strike a balance between leveraging technology and ensuring accountability.
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