The Supreme Court engaged in discussions today regarding the cross-verification of votes cast through Electronic Voting Machines (EVMs) with paper slips generated by the Voter Verified Paper Audit Trail (VVPAT) system.

The hearing saw the Court addressing various issues related to the voting process, especially concerning the reliability and transparency of the EVM-VVPAT mechanism.

Justice Sanjiv Khanna, while hearing the petitions filed by the Association for Democratic Reforms (ADR) and activist Arun Kumar Agarwal, pointed out potential challenges with the traditional secret ballot voting method.

Responding to Prashant Bhushan, counsel for one of the petitioners, Justice Khanna remarked, “we are in our 60s. We all know what happened when there were ballot papers, you may have, but we have not forgotten." This statement highlighted the Court's awareness of historical voting challenges and the need for modernised, foolproof voting systems.

The discussion touched upon the use of EVMs versus paper ballots, with Mr. Bhushan advocating for more transparent and verifiable voting methods. He mentioned examples from European countries where voting through paper ballots has seen a resurgence. However, Justice Dipankar Datta cautioned against drawing parallels with foreign voting systems, emphasising the need to trust and uphold the Indian electoral process.

"My home state West Bengal's population is more than that of Germany. We need to trust someone. Don't try to bring down the system like this. Don't cite such examples. European examples don't work here," he said.

One of the key points raised during the hearing was the proposal to tally votes cast on EVMs with VVPAT slips. Mr. Bhushan and other petitioners argued for enhanced transparency and voter confidence by ensuring a physical interface and verification process. They cited concerns about potential tampering with EVMs and the need for stricter penalties to deter such actions.

Senior Advocate Sanjay Hegde, counsel for one of the petitioners, said votes cast on EVMs should be tallied with VVPAT slips. Replying to the suggestion, Justice Khanna replied, "yes, 60 crore VVPAT slips should be counted. Right?"

The judge said that human interventions "lead to problems and human weakness can be there, which includes biases as well".

"Machine normally without human intervention will give you accurate results. Yes, the problem arises when there is human intervention or (a human) makes unauthorised changes when they are around the software or machine, if you have any suggestion to avert this, then you can give us that," he asserted.

The discussion also delved into the technical aspects of voting, storage of EVMs, and the counting of votes, with the Court seeking clarity from the Election Commission of India (ECI) on these matters. Justice Khanna expressed concern over the lack of stringent punishment for tampering with EVMs, emphasising the importance of instilling fear of consequences to maintain the integrity of the electoral process.

The petitions highlight the significance of VVPATs in providing voters with a tangible verification of their votes. The VVPAT system generates paper slips that allow voters to confirm that their votes were cast correctly. The petitions seek to ensure that every vote is cross-verified through VVPAT slips, enhancing transparency and accountability in the electoral process.

What is the VVPAT system?

The VVPAT system, a critical component of India's electoral process, has garnered significant attention amidst concerns and questions surrounding the EVM system. VVPAT allows voters to personally verify that their vote has been accurately recorded and attributed to their chosen candidate. It achieves this by generating a paper slip, which is stored securely and can be used as evidence in case of disputes.

Amidst ongoing debates and apprehensions regarding the reliability of EVMs, petitions have been filed by the ADR and activist Arun Kumar Agarwal. These petitions seek comprehensive cross-verification of every vote cast through the VVPAT system, aiming to enhance transparency and accountability in the electoral process.

Mr. Agarwal's petition specifically calls for the counting of all VVPAT slips, highlighting the importance of ensuring that each voter's intention is accurately reflected in the final tally. The ADR's petition, on the other hand, urges the court to direct the Election Commission and the Centre to establish robust mechanisms for voters to verify that their votes have been "counted as recorded."

The petitions underscore a crucial aspect of voter verifiability that is currently lacking in the legal framework. While the VVPAT system provides a brief display of the paper slip for verification after the voter casts their vote on the EVM, there is no established procedure for voters to confirm that their votes have been "counted as recorded." This gap in the law, as highlighted in the petitions, contradicts the essence of ensuring transparency and fairness in elections.

The plea emphasises the significance of aligning electoral procedures with the directives laid down by the Supreme Court in previous cases, such as Subramanian Swamy versus Election Commission of India (2013 verdict). The failure to address this crucial aspect of voter verification not only raises concerns about the integrity of the electoral process but also calls into question the adherence to established legal principles governing elections.

As the petitions continue to be deliberated in court, the focus remains on establishing concrete mechanisms that enable voters to verify with certainty that their votes have been accurately counted. This aspect of transparency and accountability is fundamental to upholding the democratic ideals of free and fair elections in India.