Author:Purnasri BS, A student of Symbiosis International University,Nagpur
The High Court of New Delhi, in a division bench judgment on January 17, 2012, rejected the petition W.P.(C) No. 11879 of 2009 made by Dr. Subramanian Swamy. Swamy had asked for a writ of mandamus against the Election Commission of India (ECI) to include a “paper trail/paper receipt” system in Electronic Voting Machines (EVMs). Not happy with the rejection, Swamy made an appeal, Civil Appeal No. 9093 of 2013, from SLP (Civil) No. 13735 of 2012.
Rajendra Satyanarayan Gilda also moved a writ petition (Civil) No. 406 of 2012 under Article 32 of the Constitution, seeking alterations in EVMs for verification of voters and attaching printers to EVMs to keep a continuous tally of votes and changing the Conduct of Election Rules, 1961. The Supreme Court merged Gilda’s petition with that of Swamy’s appeal.
Swamy had contended that the existing EVM system fell short of international standards and could be hacked, and he demanded the adoption of a “paper trail” system as employed elsewhere. The ECI, through Ashok Desai, retorted that EVMs were tamper-proof and that they were considering introducing a Voter Verifiable Paper Audit Trail (VVPAT) system to make it more transparent. The ECI also told the court that field trials of the VVPAT system had been carried out but were suspended.
In September 2012, the ECI told the Supreme Court that they were considering the foolproof system for EVMs and were consulting the Technical Experts Committee as well as the political parties. The BEL submitted a report by December 2012, stating the way the VVPAT system was being developed. During a February 4, 2013 meeting, the Technical Expert Committee cleared the VVPAT design. On February 19, 2013, the committee finalized the VVPAT design, with BEL and ECIL manufacturers quoting Rs. 16,200 per unit. The ECI chose to acquire VVPAT units for pilot, with a cost estimate of Rs. 1690 crores for 13 lakh units and intimated that the Conduct of Election Rules, 1961, namely Rules 49A to 49X, 66A, 55C, 56C, 57C, and Form 17C would need to be amended.
In March 2013, the ECI had notified the Ministry of Law and Justice regarding the necessary changes to the Conduct of Election Rules, 1961. The ECI ordered purchase from BEL and ECIL for VVPAT units. The Ministry of Law and Justice in July 2013 requested the views of the ECI on the draft notification for amending the Conduct of Election Rules, 1961. The amendments were notified on August 14, 2013. The ECI exhibited the VVPAT system to political parties and others, including Dr. Swamy, in May 2013.
The VVPAT system was applied with great success in the bye-election of the 51-Noksen (ST) Assembly Constituency of Nagaland during September 2013. On seeing the successful deployment of the VVPAT system, the Supreme Court ordered the ECI to deploy it in phased
manner in the general elections with financial assistance to be provided by the Government of India. The Court recognized the work of Dr. Subramanian Swamy and the ECI in the case and dismissed the appeal and writ petition, leaving both sides free to approach the Court for any further directions.
VVPAT WORKING PROCESS:
VVPAT refers to Voter Verifiable Paper Audit Trail. It is a separate printer system mounted on Electronic Voting Machines (EVMs) to enable voters to check if their vote has been cast appropriately. The following is a step-by-step procedure of how VVPAT operates during the voting process:
- Activates the Ballot Unit by Polling Officer: The Control Unit (CU) polling officer depresses the ballot button. This enables the voter to mark their vote on the Balloting Unit (BU).
- Casting the Vote by Voter: The voter goes into the voting compartment and depresses the blue button on the BU against the chosen candidate and symbol.
VOTE REGISTRATION AND PAPER SLIP PRINTING:
- The moment the button is clicked, a red LED light comes on beside the selected candidate on the BU, which electronically registers the vote in the EVM.
- At the same time, the VVPAT printer unit prints out a paper slip. The slip has:
- The candidate’s roll/serial number.
- The name of the candidate.
- The symbol of the candidate’s political party or independent symbol. VERIFICATION BY THE VOTER:
- The printed paper slip is visible through a transparent window on the VVPAT machine for approximately seven seconds.
- While doing so, the voter has the option of देख (checking) to ensure that information on the printed slip (name, symbol, and candidate serial number) reflects the candidate voted for.
- The VVPAT machine is positioned in a manner where the transparent window could be seen by the voter only.
PAPER SLIP FALLS INTO SEALED BOX:
- Following the seven-second exhibition, the VVPAT mechanically cuts the paper slip.
- The cut slip subsequently drops into a sealed drop box connected to the VVPAT machine.
- A beep noise is typically emitted, confirming that the slip has been captured and dropped.
- Voter Completes the Process: Upon confirming the paper slip, the voter exits the voting compartment.
FREQUENTLY ASKED QUESTIONS (FAQ):
Q: What was the core issue of the Subramanian Swamy v. Election Commission case?
A: The primary concern raised by Dr. Subramanian Swamy was the lack of a paper trail in EVMs, which he argued compromised the transparency and verifiability of the electoral
process. He sought the introduction of a system that would allow voters to confirm that their votes were recorded as intended.
Q: What is a VVPAT?
A: VVPAT stands for Voter Verifiable Paper Audit Trail. It’s an independent verification system that allows voters to see a paper slip confirming their vote, thus providing a physical record of the electronic vote.
Q: What was the Supreme Court’s ruling in this case?
A: The Supreme Court recognized the importance of a paper trail for free and fair elections. It directed the Election Commission of India (ECI) to introduce the VVPAT system. The court held that paper trail plays an important role as a requirement for free and fair elections. Therefore, the confidence of the voters in the EVMs can be only attained through the introduction of the “paper trail”.
EVMs with VVPAT system ensure the accuracy of the voting system. Q: Why was the paper trail deemed necessary?
A: The paper trail was considered essential to:
Increase voter confidence in the electoral process. Provide a means to verify the accuracy of EVM results. Enhance transparency and accountability in elections. Q: What impact did this case have on Indian elections?
A: This case led to the gradual implementation of the VVPAT system across Indian elections, adding a layer of verification to the electronic voting process. It has been a major step towards increasing the transparency of the indian electoral system.
Q: Has this case fully resolved all concerns regarding EVM usage?
A: While the introduction of VVPAT has addressed many concerns, debates regarding the extent of VVPAT verification and the overall reliability of EVMs continue. There are ongoing discussions and legal challenges related to these issues.
REFERENCES:
https://indiankanoon.org/doc/113840870/?hl=en-IN https://www.scobserver.in/reports/vvpat-vote-verification-judgement-summary/?hl=en-
IN#:~:text=Moreover%2C%20the%20incorporation%20of%20the,overall%20accountability
