Electronic Voting Machines (EVMs) have revolutionized India’s electoral process, ensuring efficiency, transparency, and accuracy in voting. From their initial trials to complete implementation in the 2004 Lok Sabha elections, EVMs have undergone multiple technological advancements and the various judicial precedents have dealt with the constitutional validity of the same.
NEW DELHI: Electronic Voting Machines (EVMs) have revolutionized India’s electoral process, ensuring efficiency, transparency, and accuracy in voting. From their initial trials to complete implementation in the 2004 Lok Sabha elections, EVMs have undergone multiple technological advancements. This article explores the journey of EVMs, their evolution, key upgrades, and the introduction of Voter Verifiable Paper Audit Trail (VVPAT) to enhance election credibility.
WHAT IS EVM?
An Electronic Voting Machine (EVM) is a device used for voting through electronic means, streamlining the process of casting and counting votes. An EVM consists of two units: the control unit and the balloting unit, which are connected by a cable.
The control unit is operated by the presiding officer or polling officer, while the balloting unit is placed inside the voting compartment for electors to cast their votes. This setup ensures that the polling officer verifies the voter’s identity before allowing them to vote.
Instead of using a traditional ballot paper, the polling officer presses the Ballot Button, activating the balloting unit for the voter. The machine displays a list of candidates along with their symbols, each accompanied by a blue button. The voter casts their vote by pressing the button next to their preferred candidate’s name.
BRIEF HISTORY OF EVM
The Electronic Voting Machine (EVM) was first conceived in 1977, with a prototype developed by Electronics Corporation of India Ltd. (ECIL) in 1979. The Election Commission of India (ECI) demonstrated it to political parties on August 6, 1980.
Following a consensus, the ECI conducted a pilot election using EVMs on May 19, 1982. The Representation of the People Act, 1951 was amended in December 1988, empowering the ECI to use EVMs from March 15, 1989. Bharat Electronics Ltd. (BEL) was later selected alongside ECIL for EVM production.
In 1990, an Electoral Reforms Committee (ERC) recommended a technical evaluation of EVMs, which a Technical Expert Committee (TEC) endorsed as secure and transparent in April 1990.
EVMs were gradually introduced:
- 1998: EVMs were used in 16 Legislative Assembly Constituencies (ACs) across Madhya Pradesh, Rajasthan, and Delhi.
- 1999: The use of EVMs expanded to 46 Parliamentary Constituencies (PCs).
- February 2000: EVMs were used in 45 ACs during the Haryana state assembly elections.
- 2001: State assembly elections in Tamil Nadu, Kerala, Puducherry, and West Bengal were fully conducted using EVMs.
- Post-2001: EVMs were adopted in all subsequent state assembly elections.
- 2004: EVMs were used in all 543 Parliamentary Constituencies, completely replacing ballot papers in Lok Sabha elections.
- Technological advancements were made to EVMs in 2001, followed by further upgrades in 2006 to enhance their functionality.
- EVMs manufactured before 2006 are classified as ‘M1 EVMs,’ while those produced between 2006 and 2010 are termed ‘M2 EVMs.’
- The most recent version, ‘M3 EVMs,’ has been in production since 2013 and incorporates enhanced security features.
- To improve transparency and verifiability in the electoral process, the Conduct of Election Rules, 1961, were amended on August 14, 2013, introducing the Voter Verifiable Paper Audit Trail (VVPAT).
- The VVPAT system was first implemented in the by-election for the 51-Noksen Assembly Constituency in Nagaland.
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TECHNICAL DIFFICULTIES OF EVM
As India gears up for the 2024 general elections, concerns over the fairness and transparency of Electronic Voting Machines (EVMs) have taken center stage. Previously regarded as a secure and efficient voting method, EVMs are now under scrutiny due to allegations of manipulation and hacking.
Concerns Over EVM Integrity
- Allegations of Manipulation:
- The Indian Supreme Court is set to hear a plea for cross-verification of EVM votes with Voter Verifiable Paper Audit Trail (VVPAT).
- Opposition parties have raised suspicions about EVM hacking, with claims that these machines could be tampered with to influence election results.
- Political leaders, including Rahul Gandhi, have accused the ruling party of benefiting from EVM manipulation.
- Demonstrations & Skepticism:
- In 2017, AAP legislator Saurabh Bharadwaj demonstrated how a dummy EVM could be hacked by entering a secret code, allegedly redirecting votes.
- Claims that an EVM’s motherboard could be altered within 90 seconds have fueled concerns.
- Discrepancies in Election Results:
- In recent state elections across Rajasthan, Telangana, Chhattisgarh, and Madhya Pradesh, disparities between exit polls and final results sparked protests.
- The Bihar elections also witnessed allegations of EVM tampering, leading to public distrust.
- RTI Revelations on EVM Software:
- An RTI query revealed that EVMs do not have software permanently burnt into one-time programmable (OTP) chips as previously claimed.
- Instead, they use chips that can be reprogrammed, raising concerns about the potential for unauthorized modifications.
Public Backlash & Legal Challenges
- Civil Society Movements:
- On February 2, 2024, protests at Delhi’s Jantar Mantar saw participation from Ambedkarite advocates, legal professionals, and civil society members demanding a ban on EVMs.
- The #EVM_Ban campaign gained traction, with thousands expressing their reluctance to vote unless paper ballots were reinstated.
- Legal Precedents:
- The AC Jose vs. Sivan Pillai case (1980s) led to the Supreme Court ordering a repoll using paper ballots after ruling against EVMs.
- During the 1990s, Election Commissioner T.N. Seshan pushed for EVM adoption to curb ballot fraud, but concerns about security persisted.
Ensuring Electoral Transparency & Security
- Strengthening EVM Security:
- Implement end-to-end verifiable systems with robust security protocols.
- Enhance VVPAT usage for cross-verification of votes.
- Improving Oversight & Accountability:
- Conduct independent audits and stringent testing before elections.
- Ensure transparent procurement and deployment processes for EVMs.
- Public Awareness & Engagement:
- Promote civic education initiatives to build voter trust.
- Encourage dialogue among government, opposition, civil society, and technology experts to secure the election process.
Instead of outright rejecting EVMs, technological improvements and transparent practices can help uphold India’s democratic integrity, ensuring fair and credible elections in the world’s largest democracy.
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JUDICIAL PRECEDENTS RELATED TO EVM
People’s Union for Civil Liberties v. Union of India, (2013) 10 SCC 1
- Issue: Violation of secrecy in voting due to Rules 41(2), 41(3), and 49-O of the Conduct of Elections Rules, 1961.
- Ruling: Supreme Court held that these rules were ultra vires Section 128 of the Representation of the People Act, 1951, and Article 19(1)(a) of the Constitution. Directed the Election Commission to introduce the “None of the Above” (NOTA) option in EVMs to protect voter secrecy and promote free and fair elections.
Subramanian Swamy v. Election Commission of India, (2013) 10 SCC 500
- Issue: Introduction of Voter Verifiable Paper Audit Trail (VVPAT) in EVMs for transparency.
- Ruling: Supreme Court held that a paper trail is essential for free and fair elections. Directed the gradual implementation of VVPAT in elections to ensure voter confidence and transparency.
Reshma Vithalbhai Patel v. Union of India, (2018) 18 SCC 675
- Issue: Demand for paper ballots in Gujarat Assembly Elections 2017 and mandatory VVPAT verification.
- Ruling: Supreme Court upheld the Election Commission’s commitment to 100% VVPAT coverage in all future elections, dismissing the petition.
Nyaya Bhoomi & Anr. v. Election Commission of India, WP (C) 1332/2018
- Issue: Demand for holding 2019 General Elections and State Assembly Polls using ballot papers instead of EVMs.
- Ruling: Supreme Court dismissed the petition, upholding the validity of EVMs.
N. Chandrababu Naidu v. Union of India, (2019) 15 SCC 377
- Issue: Request for 50% randomized VVPAT verification in elections.
- Ruling: Supreme Court increased VVPAT verification from one EVM per constituency to five EVMs per constituency but rejected the demand for 50% verification, citing logistical concerns.
Tech for All v. Election Commission of India, WP (C) 692/2019
- Issue: Demand for 100% VVPAT verification.
- Ruling: Supreme Court dismissed the PIL, criticizing it as frivolous and reiterating the ruling in N. Chandrababu Naidu v. UOI.
C.R. Jaya Sukin v. Election Commission of India, SLP (C) 13278/2021
- Issue: Demand to stop the use of EVMs and revert to ballot papers.
- Ruling: Supreme Court upheld the Delhi High Court’s decision dismissing the PIL, citing lack of evidence against EVMs.
Madhya Pradesh Jan Vikash Party v. Election Commission of India, SLP (C) 16870/2022
- Issue: Alleged discrepancies in EVMs and demand for scrutiny.
- Ruling: Supreme Court dismissed the petition, upholding the Election Commission’s stance on EVM security and reliability.
An analysis of the aforementioned decisions of the Hon’ble Supreme Court and the various technical and legal difficulties of the clearly indicates that, after thoroughly examining the technological reliability and administrative measures associated with Electronic Voting Machines (EVMs), the courts have consistently upheld their credibility, reliability, and tamper-proof nature. The Election Commission of India has been a pioneer in implementing a robust electronic voting system. With the rapid evolution of technology over the past decade, the ECI is actively exploring advanced voting methods to enhance voter participation and uphold the integrity of the electoral process.
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