Democracy is all about striving to build harmony and trust among all its pillars through open dialogue, transparency in processes and continuous improvement of the system by active participation in democratic practices, Supreme Court judge Dipankar Datta said Today (April 26th).
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NEW DELHI: Justice Dipankar Datta emphasized the essence of democracy as a process of building harmony and trust among its various pillars through open dialogue, transparency, and active participation in democratic practices.
Speaking Today, Justice Datta, a member of the Supreme Court bench, reinforced these ideals against the backdrop of rejecting pleas for complete cross-verification of votes cast using Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trails (VVPAT).
In his separate judgment, while aligning with the opinion of Justice Sanjiv Khanna who led the bench, Justice Datta addressed the recurring skepticism surrounding the efficacy of EVMs. He argued that concerns about EVMs, which have been previously brought before the Supreme Court, must now reach a definitive conclusion.
“Regressive measures to revert to paper ballots or any alternative to the EVMs that does not adequately safeguard the interests of Indian citizens have to be eschewed”
-he stated, highlighting the need to continue with the current system unless compelling evidence suggests otherwise.
Justice Datta asserted that-
“going forward, unless substantial evidence is presented against the EVMs, the current system will have to persist with enhancements.”
This stance is part of a broader judicial perspective that seeks to balance scrutiny with the necessity of progress in electoral technologies.
He also spoke on the importance of maintaining a balanced perspective in evaluating systems or institutions, cautioning against the perils of blind distrust which can foster unnecessary skepticism and hinder developmental progress.
Instead, Justice Datta advocates for a “critical yet constructive approach” that is guided by evidence and reason. This approach, he believes, is essential for fostering meaningful improvements and ensuring the credibility and effectiveness of the system, thus reinforcing the foundational principles of democracy.
Justice Dipankar Datta, in his remarks, highlighted the foundational aspects of democracy, emphasizing the importance of building harmony and trust among its key pillars: citizens, the judiciary, elected representatives, and electoral machinery. His statements were made as part of the Supreme Court’s deliberations on a set of petitions challenging the use of Electronic Voting Machines (EVMs) and advocating for a return to paper ballots.
“Be it the citizens, the judiciary, the elected representatives, or even the electoral machinery, democracy is all about striving to build harmony and trust between all its pillars through open dialogue, transparency in processes, and continuous improvement of the system by active participation in democratic practices,”
-Justice Datta asserted.
He stressed that an approach guided by evidence and reason is crucial to enable meaningful improvements within the democratic framework.
Justice Datta further articulated the benefits of fostering a culture of trust and collaboration, suggesting that such an environment strengthens the foundations of democracy.
“By nurturing a culture of trust and collaboration, we can strengthen the foundations of our democracy and ensure that the voices and choices of all citizens are valued and respected. With each pillar fortified, our democracy stands robust and resilient,”
-he noted.
In his conclusion, Justice Datta expressed optimism and trust in the existing electoral system, hoping that it would faithfully reflect the electorate’s mandate in the votes cast and counted.
“I conclude with the hope and trust that the system in vogue shall not fail the electorate and the mandate of the voting public shall be truly reflected in the votes cast and counted,”
-he observed.
The Supreme Court’s verdict was delivered on various petitions, including one from the NGO Association for Democratic Reforms, which had raised concerns about the potential for manipulation of EVMs. This NGO had specifically objected to the Election Commission’s decision in 2017 to replace the transparent glass on VVPAT machines with opaque glass, a modification that allows voters to see the slip indicating their vote only when illuminated for seven seconds.
The judgment comes amid the ongoing seven-phase Lok Sabha polls, which started on April 19 and are scheduled to conclude with the results announcement on June 4, marking a critical period in India’s electoral process.
Directions by Apex Court Today
- SC directs EC to seal symbol loading units for 45 days after symbols loaded to EVMs.
- SC allows verification of microcontroller of EVMs by manufacturer after poll results on request of candidates who stand second, third.
- SC says request for verification of microcontroller of EVMs can be made within 7 days of declaration of poll results upon payment of fees.
- If EVM is found tampered during verification, fee paid by candidates will be refunded: SC.
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