Author: Sreenidi R.N, Maharashtra National Law University Mumbai
To the Point
India, the world’s largest democracy, is constantly striving to enhance the fairness, transparency, and accessibility of its electoral process. Recent electoral reforms, significantly bolstered by technological advancements, are fundamentally altering how elections are conducted, managed, and perceived by the electorate. From the widespread adoption of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) to the digitalization of voter registration and grievance redressal, technology is increasingly becoming an indispensable tool for the Election Commission of India (ECI) in upholding the sanctity of the ballot. However, the integration of technology also brings forth complex challenges, including concerns over data security, potential for misinformation, and the ongoing debate surrounding the absolute infallibility of electronic voting.
Abstract
This article delves into the profound impact of recent electoral reforms and technological interventions on Indian democracy. It examines the evolution of electoral processes, highlighting key legislative changes and the pivotal role of technology in improving efficiency, reducing malpractices, and enhancing voter participation. The article analyzes the benefits, such as expedited results and reduced scope for booth capturing, alongside the persistent challenges, including public skepticism regarding EVM integrity and the burgeoning issue of digital misinformation. It draws upon legal frameworks, judicial pronouncements, and practical proofs to illustrate the transformative journey of Indian elections, culminating in a discussion on the path forward for a truly robust and tech-enabled democratic future.
Use of Legal Jargon
The Indian electoral system is primarily governed by the Constitution of India, particularly Article 324, which vests the power of superintendence, direction, and control of elections in the Election Commission of India (ECI). Further, the Representation of the People Act, 1950 and the Representation of the People Act, 1951, along with the Conduct of Election Rules, 1961, lay down the elaborate statutory framework for the conduct of elections. Discussions around electoral reforms frequently involve amendments to these Acts and Rules. The Model Code of Conduct (MCC), though not legally binding, plays a crucial role in regulating the conduct of political parties and candidates. Judicial pronouncements by the Supreme Court of India, often in the form of Public Interest Litigations (PILs), have significantly shaped the trajectory of electoral reforms, addressing issues like criminalization of politics, electoral bond schemes, and EVM-VVPAT verification. Terms like “delisting of RUPPs” (Registered Unrecognised Political Parties) and “electoral roll harmonization” are also part of the contemporary discourse.
The Proof
The tangible impact of electoral reforms and technology is evident across various facets of Indian elections:
- Expedited Counting and Results: The shift from manual ballot counting to EVMs has dramatically reduced the time taken to declare election results, from days to mere hours. This efficiency minimizes opportunities for manipulation during the counting process.
- Reduced Booth Capturing: The inherent design of EVMs, which allows for only one vote at a time and limits the rate of voting, has significantly curbed the menace of booth capturing and stuffing of ballot boxes, a pervasive issue in earlier elections.
- Enhanced Voter Identification: The widespread issuance of Electors Photo Identity Cards (EPICs), coupled with efforts to link them with Aadhaar (though voluntary and with privacy considerations), has vastly improved voter identification at polling booths, reducing instances of impersonation.
- Voter Verifiable Paper Audit Trail (VVPAT): The mandatory use of VVPATs in all parliamentary and assembly elections since 2019 provides a physical paper trail for every vote cast, allowing voters to verify their choice and serving as an independent audit mechanism. The random verification of a small percentage of VVPAT slips with EVM counts further enhances public confidence.
- Digitalization of Electoral Rolls: The computerization of electoral rolls and initiatives like ERO-NET have streamlined the process of voter registration, deletions, and corrections, aiming to create cleaner and more accurate voter lists. The introduction of e-EPICs further enhances accessibility.
- Accessibility Initiatives: Technology has also been leveraged to make elections more inclusive. EVMs with Braille features for visually impaired voters and the Electronically Transmitted Postal Ballot System (ETPBS) for service voters are notable examples.
- Transparency and Grievance Redressal: Digital platforms for citizens to check their voter status, apply for registration, and lodge complaints have improved transparency and responsiveness. The ECI’s use of social media, webcasting of polling proceedings, and apps like ‘cVigil’ for reporting Model Code of Conduct violations empower citizens and strengthen oversight
Case Laws
Judicial pronouncements have been instrumental in shaping electoral reforms. Some notable cases include:
- Lily Thomas v. Union of India (2013): This landmark judgment struck down Section 8(4) of the Representation of the People Act, 1951, which had permitted convicted Members of Parliament and State Legislatures to retain their seats by filing an appeal within three months.This ruling was intended to reduce the criminalization of politics.
- People’s Union for Civil Liberties (PUCL) v. Union of India (2013): This case resulted in the inclusion of the ‘None of the Above’ (NOTA) option in Electronic Voting Machines (EVMs), enabling voters to reject all the candidates contesting the election.
- Subramanian Swamy v. Election Commission of India (2013): This judgment mandated the use of VVPATs in a phased manner to enhance the verifiability and auditability of votes cast on EVMs.
- Association for Democratic Reforms (ADR) cases: A series of judgments arising from PILs filed by ADR have consistently pushed for greater transparency in election financing and the disclosure of criminal antecedents of candidates.
- Recent Supreme Court rulings on EVM-VVPAT verification (2024): While dismissing petitions for 100% VVPAT verification, the Supreme Court reiterated the robustness of the existing EVM-VVPAT system and the importance of maintaining public trust, emphasizing the procedures and safeguards in place.
Conclusion
The synergy between electoral reforms and technological advancements has been a driving force in fortifying Indian democracy. From the foundational shift to EVMs to the intricate web of digital initiatives, the ECI has consistently strived for a more efficient, transparent, and accountable electoral process. While the advantages of speed, accuracy, and reduced malpractice are undeniable, the path forward is not without its challenges. Addressing persistent skepticism about EVM integrity through enhanced transparency, robust audit mechanisms, and continuous public education is paramount. Furthermore, the rising challenges of digital misinformation, deepfakes, and the ethical use of AI in political campaigns necessitate agile regulatory responses. As India advances through the 21st century, effectively blending technology with forward-looking electoral reforms will be vital to ensuring that the voices of its vast and diverse electorate are genuinely, freely, and fairly represented.
FAQS
Q1: What are Electronic Voting Machines (EVMs) and how have they impacted Indian elections?
EVMs are electronic devices used for recording votes. Their introduction has revolutionized Indian elections by significantly reducing the time for vote counting, minimizing electoral fraud like booth capturing, and making the voting process more efficient and accurate compared to traditional paper ballots.
Q2: What is VVPAT, and why was it introduced?
VVPAT, or Voter Verifiable Paper Audit Trail, is a mechanism that prints a paper slip displaying the candidate’s symbol and name for whom the vote was cast. This slip is visible to the voter for a few seconds before dropping into a sealed box. It was introduced to provide an auditable paper trail, increasing voter confidence in the EVM system by allowing them to verify their vote.
Q3: How has technology improved voter registration?
Technology has streamlined voter registration through computerization of electoral rolls, online application portals (like the Voters’ Services Portal), and initiatives like ERO-NET. This makes it easier for citizens to register, update their details, and locate their polling stations.
Q4: Are Electronic Voting Machines (EVMs) completely tamper-proof? What are the common concerns regarding their reliability?
The ECI maintains that EVMs are robust and tamper-proof, citing multiple layers of security protocols, administrative checks, and technical safeguards. Concerns often revolve around the possibility of hacking, software manipulation, or pre-programming. However, the ECI has consistently demonstrated the integrity of the machines and conducts mock polls and random VVPAT verification to address these doubts.
Q5: What are some ongoing challenges concerning technology and electoral reforms in India?
Key challenges include continuing public scepticism about EVM reliability, the spread of misinformation and disinformation through digital platforms, concerns about data privacy with initiatives like Aadhaar linkage, and the need for continuous adaptation of electoral laws to keep pace with rapid technological advancements.
