All You Need To Know About EVM and VVPAT
Abstract
As the world’s largest democracy gears up for a season of elections, including the 2019 General Election, there is an urgent need to examine the integrity of the electoral process. Electronic Voting Machines (EVMs) are ‘black boxes’ in which it is impossible for voters to verify whether their votes have been recorded correctly, and counting mistakes and frauds are undetectable and unchallengeable.
The ‘voter verified paper audit trail’ (VVPAT) is an additional verifiable record of every vote cast that allows for a partial or total recount independent of the EVM’s electronic count. It is a critical safeguard that can help detect counting mistakes and frauds that would otherwise go undetected. The success of the VVPAT audit, however, depends on a proper, statistically acceptable, and administratively viable sample plan.
The article will give a brief description about the issues involving regarding EVM and VVPAT in Indian general elections.
Introduction
India is the largest Participatory Democracy of the world, with about 850 million registered voters. The Constitutional mandate of superintendence, direction and control of Elections to the Parliament and the State Legislative Assemblies has been conferred on the Election Commission of India.
The Election Commission of India is an independent Constitutional entity, which has successfully conducted regular elections to the Parliament and various State Legislative Assemblies for the past 66 years in a free, fair, participative, informed and credible manner.
The Commission is widely acknowledged as a ‘’Global Gold Standard’’ in Election Management across the World, setting ever-higher standards of efficient and professional conduct of Elections.
The Commission has been at the forefront of embracing, adopting and implementing the latest technological advancements in improving and fine-tuning the election processes and systems.
The Commission has taken the pioneering initiative of introducing Electronic Voting Machine (EVM) for recording, storing and counting of votes across the length and breadth of the Country in a transparent, credible and secure manner, backed by appropriate legal support. The use of EVM demonstrates the Commission’s unflinching resolve to continually improve, upgrade and strengthen the Electoral Process in the country.
The Commission has successfully used EVMs in conducting 107 General Elections to the State Legislative Assemblies and 3 Lok Sabha Elections over the last 23 years. 55.41 crore (554 million) voters exercised their franchise in 2014 Lok Sabha elections using EVMs.
Since the very inception of the EVMs in 1982, as a positive electoral reform on the electoral scene in India, blames and aspersions have been cast on the EVMs from various quarters including political. Recently, after the announcement of the results of the five State Assembly Elections in March 2017, again certain allegations have been leveled against the EVMs.
A group of thirteen political parties met the Commission on 10 April 2017 and expressed certain reservations about the use of EVMs. It needs to be emphasized that the wide range of technical security, administrative protocols and procedural safeguards mandated by the Commission robustly ensures the integrity, non-tamperability and credibility of the EVMs.
The stringent procedures and well-defined poll processes prescribed by the Commission protect the EVMs against any sort of manipulation. It is also significant to highlight that the Commission is committed to the 100% coverage of VVPATs in all future elections to the Parliament and State Assembly Elections.
The requisite funds for the procurement of adequate number of VVPATs and latest generation (M3) EVMs have been sanctioned by the Government and machines are expected to be manufactured and delivered by BEL and ECIL to the ECI by September 2018 as committed by the manufacturers.
At the present juncture, when EVMs are once again encumbered with yet another debate on its efficacy and robustness, it is imperative to hold consultations with stakeholders.
The Journey of EVM in India
• Voting system in India has gone through multiple changes. During the first two General Elections to the Lok Sabha in 1952 and 1957, each candidate was allotted a separate ballot box pasted with the symbol of the candidate. The names and symbols of the candidates were not printed on the ballot paper and voters had to drop a pre-printed ballot paper in the ballot box of the candidate of their choice. This system ignited fears of tampering, booth capturing, and manipulation in the minds of the various stakeholders and was soon replaced. In 1960-61, a marking system on the ballot paper was introduced during the mid-term elections to the Legislative Assemblies in Kerala and Odisha and this system continued till the 1999 Lok Sabha elections.
• Before introduction of the EVM, the ubiquitous Ballot papers were used to cast votes in the Indian Elections, with considerable success. The use of ballot papers was time consuming, prone to malpractices like booth-capturing and ballot-box stuffing, large number of invalid votes due to wrong/incorrect marking, subject to prolonged counting drills, more disputes and delayed result announcement besides being an eco-logically straining and non-environment friendly method.
• However, in comparison, EVM has substantial comparative and noticeable advantages.
The manner of voting by EVMs is much simpler and voter-friendly as the voter is merely to press the button on BU for casting his votes in favour of the candidate of his choice.
Under the EVM system, there is no invalid vote, whereas in the ballot paper system large number of ballot papers were invalidated and in some cases, the number of such invalid ballot papers was even more than the winning margin of the elected candidate.
It is auditable, transparent, accurate, and secure and helps reduce human error.
It gives faster results in hours, which is particularly relevant in large countries like India having Constituencies of several hundred thousand voters, where counting used to take days and weeks earlier.
In addition, EVM voting saves time, energy and money, not to speak of the millions of trees it saves in the process.
Earlier crores of ballot papers were printed requiring hundreds of tonnes of paper for printing the same and the printing of ballot papers had to be undertaken in large number of Government Presses for very long periods, involving hundreds of election officials in each constituency.
Additionally, the innovative use of advancements in modern electronics for voting in the country provides for a fulsome endorsement of the creativity, inventiveness and pioneering acumen of the Indian society at large and serves to enhance the image and prestige of the country in the international arena.
• As can be easily appreciated, the weight of cumulative comparative experience of conducting elections for over 7 decades, both with ballot papers and EVMs, and the numerous undeniable merits in the use of EVMs, render the EVMs as a preferred instrument of casting votes.
• Quite evidently, the use of ballot papers was a traditional, anachronistic and archaic voting method. In order to overcome the aforementioned problems associated with the erstwhile practice of using ballot papers, and also to keep updated with the advances of technology, the ECI mooted the idea of EVM in 1977.
• In 1977, Mr. S.L. Shakdhar, the then Chief Election Commissioner of ECI, during a tour in Hyderabad requested the Electronics Corporation of India (ECIL) to study the possibility of using an electronic device for conducting elections. The Electronics Corporation of India Ltd (ECIL), Hyderabad, a PSU of the Atomic Energy Ministry, was assigned the task to design and develop an electronic gadget for conducting elections. In 1979, a proto-type was developed and its operation was demonstrated by the ECI before the representatives of political parties on 6th August, 1980.
• The Bharat Electronics Limited (BEL), Bengaluru, a Defense Ministry PSU, had also developed a “microcomputer based voting equipment, which they had used for the elections for the various unions of the company”. In January 1981, BEL approached ECI for manufacturing EVMs and on 29th July, 1981, the Commission held a meeting with the representatives of BEL, ECIL, the Ministry of Law and Chief Electoral Officers of some states regarding use of EVMs in elections.
• On 19th May, 1982, the ECI issued directives under Article 324 of the Constitution of India for the use of EVMs and conducted elections at fifty polling stations using the machines in a bye-election in 70-Parur Assembly Constituency (AC) of Kerala on an experimental basis. The EVMs were further used in 10 Bye-elections across the country in 1982-83. However, due to the absence of any specific law prescribing the use of EVMs, the election was challenged in a petition (Election Petition 01 of 1982 filed by A.C. Jose) and on 5th March, 1984, the Hon’ble Supreme Court of India held that EVM cannot be used in an election unless a specific provision is made in law for its use. Consequently, the law was amended by the Parliament in December 1988 and a new Section 61A was included in the Representation of the People Act 1951, there by empowering the ECI to use EVM. The amendment came into force on 15th March, 1989. The Supreme Court upheld the Constitutional validity of Section 61A in its judgment in AIADMK versus Chief Election Commissioner and Others {(2002 UJ (1)387}.
• However, doubts and speculations regarding this new entrant in the voting system of India persisted in the political atmosphere of the country. In order to gain popular trust and affirm the integrity of the new electronic voting system, the Government of India instituted an Electoral Reforms Committee (ERC) in January 1990, consisting of representatives from several national and state-level political parties under the chairmanship of Mr. Dinesh Goswami. The ERC recommended the examination of EVM by a team of technical experts.
• Consequently, a Technical Expert Committee was formed under the chairmanship of Mr. S. Sampath, Chairman, RAC, and DRDO with eminent scientists like Dr. P.V. Indiresen (IIT, Delhi), Dr. Rao C. Kasarbada (ER&DC, Trivandrum) in the list among others. The members of the TEC have always been renowned professionals of technical excellence and eminent academic/research record. In April 1990, the Expert Committee unanimously recommended the use of EVMs without any further loss of time marking it technically sound, secure and transparent. On 24th March, 1992, necessary amendments to the Conduct of Elections Rules 1961 were notified by the government vis-Ã -vis the use of EVMs.
• In 1998, a general consensus was reached on the use of EVMs for conducting Indian elections. In 1998, EVMs were used in 16 Legislative ACs across three states of Madhya Pradesh, Rajasthan, and Delhi. The use of EVMs further expanded in 1999 to 46 Parliamentary Constituencies (PC), and later, in February 2000, EVMs were used in
• 45 ACs in Haryana state assembly polls. In 2001, the state assembly elections in Tamil Nadu, Kerala, Puducherry, and West Bengal were completely conducted using EVMs. All state assembly elections thereafter witnessed the use of this machine. In 2004, the EVMs were used in all 543 PCs for the elections to the Lok Sabha. A new technologically advanced voting system completely replaced the erstwhile voting method of using ballot papers. Since 2000, India has witnessed 107 State Assembly Elections and 3 General Elections to the Lok Sabha (2004, 2009, and 2014) where votes were cast and recorded using the EVMs.
• A number of technological changes were made in the EVMs in 2001 and the machines were further upgraded in 2006. The pre-2006 era EVMs are known as ‘M1 EVMs’, while EVMs manufactured between 2006 to 2010 are called ‘M2 EVMs’. The next generation of EVMs, produced since 2013 are known as ‘M3 EVMs’.
• The latest addition to the Indian EVM is the Voter Verifiable Paper Audit Trail (VVPAT), which was introduced in 2013, as an additional measure of transparency in the EVM-based voting system. The task of developing a VVPAT model was assigned by the Commission to the EVM manufacturers under the expert guidance of the Technical Expert Committee (TEC). A prototype was manufactured and field trials were conducted in Thiruvananthapuram (Kerala), Delhi, Cherapunjee (Meghalaya), Jaisalmer (Rajasthan) and Leh (Jammu & Kashmir) in July 2011. Following the first field trials, the Commission directed the manufacturers to re-design the VVPAT.
• A second field trial was conducted in July-August 2012 after the new model was manufactured. On 19th February, 2013, the final model was approved by the TEC. The model was demonstrated to the political parties in a meeting on 10th May, 2013. The Conduct of Elections Rules, 1961 were amended and notified on 14th August, 2013, thereby, allowing the ECI to use VVPATs along with EVMs. On 4th September, 2013, VVPATs were first used in the bye-election for 51-Noksen AC in Nagaland.
• In the meanwhile, on 8th October, 2013, in a Public Interest Litigation matter, the Hon’ble Supreme Court directed the ECI to introduce the VVPAT system in a phased manner. In 2013, the ECI had procured 20,000 VVPATs which were used in different elections. In 2017 during the recently concluded State Assembly Elections, 53500 VVPATs were used in 33 ACs in Punjab, 6 ACs in Manipur, 3 ACs in Uttarakhand, 30 ACs in Uttar Pradesh, and 40 ACs in Goa.
EVM in Indian Elections
Date Chronology of Events
1977 ECI mooted the idea of EVM
1979 A proto-type was developed
6th August, 1980 Demonstration by ECI before the representatives of political parties
January 1981 BEL approached ECI for manufacturing EVMs
29th July, 1981, ECI held a meeting with the representatives of BEL, ECIL, the
Ministry of Law and Chief Electoral Officers of some state
19th May, 1982 EVMs first used in 70-Parur AC in Kerala
1982-83 EVMs used in 10 Bye-elections in different parts of the Country
5th March, 1984 Supreme Court of India held that EVMs cannot be used in elections without a specific provision in law.
December 1988 A new Section 61A was included in the Representation of the
People Act 1951 (The Supreme Court upheld the validity of section 61A in 2001)
15th March, 1989 The amendment came into force
January 1990 Electoral Reforms Committee (ERC) formed by Government of India
April 1990 Technical Experts Committee recommended the use of EVMs
24th March, 1992 Necessary amendments to the Conduct of Elections Rules 1961 were notified by the Government
1998 A general consensus was reached on the use of EVMs for conducting Indian elections.
1999-2004 EVMs used in different state assembly elections
2004 - 2014 EVMs used in three consecutive elections to the Lok Sabha
14th August, 2013 The Conduct of Elections Rules 1961 were further amended and notified to provide for VVPATs
4th September,
2013 , VVPAT was first used in a bye-election for 51-Noksen AC in Nagaland
8th October, 2013 Hon’ble Supreme Court directed the ECI to introduce the VVPAT system in a phased manner
2013 – present Limited number of VVPATs introduced in phases by ECI
April 2017 Approval received for purchase of 16, 15,000 VVPATs at a cost of Rs. 3173.47 Crore during 2017-18 and 2018-19. All required VVPATs will be procured by the Commission by September, 2018, subject to manufacturing exigencies.
Legal Interventions and Court Cases
Since 2001, the issue of possible tampering of EVM has been raised before various High Courts. Some of these are mentioned below:
(a) Madras High Court-2001
(b) Kerala High Court-2002
(c) Delhi High Court-2004
(d) Karnataka High Court- 2004
(e) Bombay High Court (Nagpur Bench)-2004
Analysis: All the aforementioned High Courts after going through various aspects of the technological soundness and the administrative measures involved in the use of EVMs, have held that the EVMs are credible, reliable and totally tamperproof. In some of these cases, even the Supreme Court has dismissed appeals filed by some petitioners against High Court orders.
In 2004, this matter was placed before the Delhi High Court by advocate Pran Nath Lekhi who had alleged that EVMs were tampered with to favour UPA in the election results. But HC found no merit in the petition. In this context, the Hon’ble Karnataka High Court held that “This invention is undoubtedly a great achievement in the electronic and computer technology and a national pride”. The order was delivered on a plea filed in 1999 by a defeated candidate who had challenged the role of EVM machines in Yelahanka parliamentary constituency. The court studied the safety features and examined BEL scientists and ruled that machines were tamper-proof and any attempt to doctor them cannot be kept away from the public eye.
Both the Karnataka High Court and the Madras High Court observed that use of EVMs in election has several advantages over the system of ballot paper/ballot box election. The Hon’ble Madras High Court also categorically ruled out any question of tampering of the EVMs. The following observations made by the Madras High Court may be taken note of:
“There is also no question of introducing any virus or bugs for the reason that the EVMs cannot be compared to personal computers. The programming in computers, as suggested, has no bearing with the EVMs. The computer would have inherent limitations having connections through Internet and by their very design, they may allow the alteration of the programme but the EVMs are independent units and the programme in EVM is entirely a different system.”
The Bombay High Court (Nagpur Bench) examined certain witnesses who claimed to be experts in the field of electronics and electronic gadgets. These witnesses, however, admitted before the Court that tampering of EVMs was not possible unless the persons new entire things and had free access to the machines.
In one of the cases, the Hon’ble High Court of Kerala in its order dated 6th February, 2002 had recorded its appreciation on the efficiency of the EVM mechanism. The judgment of the Kerala High Court in the said Election Petition was upheld by the Hon’ble Supreme Court in Civil Appeal (AIR 2003 SC 2271). It is admitted before various courts that the data or technique brought in use of EVM in India were not subject to piracy as nobody knows anything about the contents of any type or has any unauthorized or free access to EVM.
In Oct 2013 to bring about greater transparency the Hon’ble Supreme Court directed ECI to introduce VVPAT in phased manner.
Till date, 33 (thirty-three) cases have been filed in the various Courts (including various High Courts and Supreme Court), where the issues pertaining to EVMs have been agitated. Of these, 26 (twenty six) petitions have already been rejected by the Courts and the remaining are under judicial process.
VOTER VERIFIABLE PAPER AUDIT TRAIL (VVPAT)
In a meeting of all political parties held on 4th October, 2010, the parties expressed satisfaction with the EVM but some parties requested the Commission to consider introducing Voter Verifiable Paper Audit Trail for further transparency and verifiability in poll process. In India, the demand of VVPAT to increase transparency was floating in the air for some time after such a tool was first demonstrated in New York City in March 2001 and first used in Sacramento, California in 2002. The demand was referred to the Technical Expert Committee (TEC) by the ECI.
Introduction of VVPAT implied that a paper slip is generated bearing name and symbol of the candidate along with recording of vote in Control Unit, so that in case of any dispute, paper slip could be counted to verify the result being shown on the EVM. Under VVPAT, a printer is attached to the balloting Unit and kept in the voting compartment. The paper slip remains visible on VVPAT for 07 seconds through a transparent window. The Commission referred the matter to its Technical Expert Committee (TEC) on EVMs for examining and making a recommendation in this regard. The Expert Committee had several rounds of meetings with the manufacturers of EVM, namely, BEL & ECIL, on this issue and then had met the political parties and other civil society members to explore the design requirement of the VVPAT system with the EVM.
On the direction of the Expert Committee, the BEL and ECIL made a prototype and demonstrated before the Committee and the Commission in 2011. On the recom mendation of the Expert Committee on EVM & VVPAT system, the Commission conducted simulated election for the field trial of VVPAT system in Ladakh (Jammu & Kashmir), Thiruvananthapuram (Kerala), Cherrapunjee (Meghalaya), East Delhi District (NCT of Delhi) and Jaisalmer (Rajasthan) in July 2011. All stake holders including senior leaders of political parties and civil society members participated and witnessed enthusiastically in the field trial. After 1st field trial of the VVPAT system, Commission made a detailed reassessment of the VVPAT system to further fine tune the VVPAT system. Accordingly, the manufacturers developed 2nd version of VVPAT prototype. The same was again subjected to 2nd field trial in the said five locations in July-August 2012.
In the meeting of the Technical Expert Committee held on 19th February, 2013, the Committee approved the design of VVPAT and also recommended the Commission to take action on amendment of the rules for using VVPAT. The model was demon strated to all the political parties in an all-party meeting on 10th May, 2013. The Government of India notified the amended Conduct of Elections Rules, 1961 on 14th August, 2013, enabling the Commission to use VVPAT with EVMs. On 4th September, 2013, the Commission used VVPAT with EVMs first time in bye-election from 51-Noksen (ST) Assembly Constituency of Nagaland.
On 8th October, 2013, the Hon’ble Supreme Court ordered introduction of VVPAT in phases in its judgment on a PIL and asked Government to sanction funds for procurement. As directed by the Hon’ble Supreme Court of India, the ECI introduced the VVPAT system in a phased manner so that full implementation could be achieved by 2019. In 2013, the ECI procured 20000 VVPATs. On 25th November, 2013, VVPATs were used in 10 ACs in Mizoram; on 4th December 2013, it was used in one AC in Delhi; and thereafter in subsequent elections.
The following table gives us the journey of VVPAT in India at a glance:
Date Chronology of Events
4th Oct 2010 An all-party meeting held. Agreement on incorporation of VVPATs along with EVMs.
July 2011 Field trial conducted after the prototype was manufactured, in Thiruvananthapuram (Kerala), Delhi, Cherapunjee (Meghalaya), Jaisalmer (Rajasthan) and Leh (Jammu & Kashmir).
July-Aug 2012 A second field trial was conducted
19th Feb 2013 Final model was approved by TEC
10th May 2013 The Model was demonstrated to all political parties
14th Aug 2013 The conduct of Election Rules 1961 was amended and notified
4th Sep 2013 Election Commission of India used VVPAT along with EVMs in a bye-elections for 51-Noksen AC in Nagaland
8th Oct 2013 Hon’ble Supreme Court directed ECI to introduce the VVPAT system in a phased manner. full implementation to be achieved by 2019
25th Nov 2013 VVPATS were used in 10 ACs of Mizoram
4th Dec 2013 VVPAT was used in one AC in Delhi and thereafter in subsequent elections
Feb-Mar 2017 52000 VVPATs were used in 33 ACs in Punjab, 6 ACs in Manipur, 3
ACs in Uttarakhand, 30 ACs in Uttar Pradesh and 40 ACs in Goa
April 2017 Approval of Government received for purchase of 16, 15,000
VVPATs at a total estimated cost of Rs.3173.47 Crores
So far, VVPATs have been used in 266 Assembly Constituencies and 9 Parliamentary constituencies. In Goa elections in 2017, VVPAT was employed in all 40 LACs. ECI employed about 53,500 VVPATs in five States where elections were held recently.
Recent issues and controversies:
After the declaration of the state assembly elections results in March 2017, some political parties have raised doubts about the fairness of the election process through the EVM, tagging it as tamperable, and hence an unreliable voting gadget.
On 10.04.2017, representatives of thirteen (13) political parties met the Commission and submitted a joint representation expressing concerns about the transparency of voting method with the use of the EVM. Leaders of some of these parties either met or, wrote to the Election Commission of India (ECI), expressing their apprehensions and presenting their arguments against the use of EVM for casting and recording popular votes. Some excerpts from the petitions and representations made to the Commission are reproduced here:
‘’In view of the above, it is earnestly prayed that
(a) To consider replacing/ substituting the current State CEO and Collector/DRO, Bhind. This is a minimum expectation to instill the faith in Indian democratic polity.
(b) ECI may direct impartial and unimpeachable experts to revisit and re-verify the authenticity of all voting machines being deployed in the two bye-elections in MP, which must be done transparently in the presence of authorized representatives of political parties and/or candidates.
(c) it is necessary that the entire process should be reexamined thoroughly and all agencies and persons involved in the maintenance, operationalization and data feeding in the machines and all other performing duties and responsibilities including storage before use of EVMs in further elections and all parties should be taken in confidence…”.(Letter dated 01.04.2017 from All India Congress
Committee)
“With regard to the Bhind incident, kindly allow us to examine that particular machine in the presence of your officers. There are serious apprehensions that its software has been changed.’’ (Letter dated 03.04.2017 from Aam Aadmi
Party)
“It is in the paramount interest of all political parties concerned, that these incidents/allegations should be impartially investigated and the truth about the same be placed before the people of India…It is imperative that the Election Commission of India which has a Constitutional mandate to conduct national and State elections in a fair, free and impartial manner, take urgent note of the concerns and apprehensions raised by major political parties… till such time, the issues of tampering and malfunctions of the EVMs are addressed and the tamper-proof and flawless functioning of EVMs is technologically established and endorsed globally, to the satisfaction of the political parties, the forthcoming elections should be conducted under the old paper ballot system.” (Representation on behalf of Political Parties dated 10.04.2017)
Two more incidents were brought to the knowledge of the Commission - one pertaining to the recently concluded Bye-elections in Bhind (Madhya Pradesh) and the other one relating to Dholpur (Rajasthan). The incidents were enquired and the facts are as follows:
The first incident pertained to the bye-election to Ater AC in Bhind District of Madhya Pradesh in Mar-Apr 2017, wherein it was claimed that on pressing 4 (four) different buttons on the machine, only the symbols of one party were printed. A detailed enquiry into the reported allegations of EVM tampering to favour a specific political party was conducted by the Commission. The Enquiry report clearly pointed out that the allegations were totally unsubstantiated and baseless. The confusion was created due to the non-adherence of the prescribed protocols and instructions of the Commission at a mock demonstration by the competent officers, due to which the previously stored data in VVPAT was not erased. However, the alle gation of every button press yielding the same symbol were found to be untrue. Nonetheless, the Commission took a serious view of the procedural lapses and non-compliance of extant instructions and initiated prompt action against the district level officers for the lapse.
The second incident relates to the factually incorrect and misleading news about 18 tampered and malfunctioning EVMs in Dholpur Bye-elections in Rajasthan. The matter was duly enquired and contrary to the allegations, only 2 EVMs out of 231 deployed in Dholpur AC (which is less that 1%) were found defective and changed.
Present Status:
Hon’ble Supreme Court in its order dated 8 Oct 2013 has observed that EVMs with VVPAT system ensures the accuracy of the voting system. With an intent to have fullest transparency in the system and to restore the confidence of the voters, it is necessary to set up EVMs with VVPAT systems because vote is nothing but an act of expression which has immense importance in democratic system. The apex court appreciated the efforts and good gesture made by the ECI in introducing VVPATs and permitted the ECI to introduce the same in a gradual stages or geographical wise in the ensuing general elections. The Court also directed the Government of India to provide required financial assistance for the procurement of units of VVPATs for the implementation of VVPAT system in a phased manner.
Amidst the ongoing debate on the EVM, the ECI not only reaffirmed its faith on the transparency, credibility, non-tamperability and robustness of the machines, but also stressed on the immediate deployment of VVPATs for safeguarding the integrity of the voting system as well as strengthening confidence of the voters. In order to ensure the compliance of Hon’ble Supreme Court order The Chief Election Commissioner of India vigorously pursued the allocation of funds to the manufacturers for the timely manufacture and supply of required quanity of VVPATs to the ECI for ensuring 100% VVPAT coverage at all polling stations. The Election Commission also vigorously reviewed the production capacity of the manufacturers impressing upon them the need to strictly adhere to the schedule by enhancing their manufacturing capacity.
Based on Commission’s continuous follow up the funds have since been allocated on 19 April 2017 amounting to Rs 3173.47 crore for purchase of 16, 15,000 VVPATs and orders have been issued to the manufacturers. It is pertinent to mention that Rs 1939.95 crore has been sanctioned and released by the Government for the manufacture of M3 EVMs. The manufacturers have committed to manufacture the EVMs and VVPATs and supply to ECI by Sep 2018.
The Commission is committed to using VVPAT machines along with EVMs in all future elections to be conducted under its superintendence and direction for the Parliament and State Legislative Assemblies.
Conclusion:
• As is evident, the EVM used in Indian elections have gone through a long journey of evolution amidst challenges and has emerged as an effective machine of electoral reform over the years since its introduction. It has enhanced public confidence as well as legitimacy of Indian elections in the eyes of the world.
• The Indian EVM stands as one of the most credible, non-tamperable and transparent machine amongst all such machines used in other parts of the world. Indian EVMs have attracted the attention of many Afro-Asian countries also. Till date, no one could actually demonstrate that EVMs in possession of ECI and used by it, can be tampered with or manipulated. What has been demonstrated or claimed to have been demonstrated is on a privately assembled “look-alike of ECI-EVMs” and not the actual ECI-EVM used by ECI. Recently, on an allegation of EVMs yielding votes for only one political party in Bhind (Madhya Pradesh) and Dholpur (Rajasthan), the ECI promptly conducted an enquiry which found out that such allegations were found to be baseless.
• Today, the ECI once again completely reaffirms its faith in the non-tamperability of the EVMs of ECI in view of the technical security features and the stringent administrative protocols and procedural safeguards which are mandatorily to be followed during and after the polls. In conclusion, it will be pertinent to refer to the verdict of the Karnataka High Court in this respect, which observed that EVM in India is a “national pride” and the fact that Indian elections are widely internationally acknowledged as the “Global Gold Standard”.
• The Commission and electoral system stakeholders have taken a conscious decision that EVM is the right answer to the formidable task of election management and the huge logistical challenges it throws. The ECI hopes that once the VVPATs cover all the polling booths in the country, the confidence and transparency will be further enhanced.
• The Commission firmly believes that the introduction of VVPAT machines with the EVMs in all future elections will bring utmost transparency and credibility in the EVM-based voting system in our country and conclusively put to rest all misinformed doubts and misgivings regarding these machines.
• The Commission will launch a comprehensive, concerted and nation-wide voter education and awareness programme under its flagship SVEEP initiative, to educate, orient and inform the voters about the functioning, usage and advantages of the VVPAT machines and their immense utility in reinforcing the transparency, credibility and authenticity if the voting process. The Commission earnestly solicits the cooperation and collaboration of all the vital stakeholders, particularly the political parties, to join hands in spreading awareness about the advantages of VVPAT machines. The Commission is confident that the collaborative efforts of all the stakeholders in the electoral process will lead to continuous improvements in the electoral management and make our system more transparent, participative, informed and credible.
• The Commission firmly believes in an open, constructive and comprehensive dialogue with all crucial stakeholders in the electoral process and the political parties are a critical stakeholder of the democratic edifice in the country. Considering the recent issues regarding use of EVMs, the Commission offered to convene an All Party Meeting. The objective behind the said meeting is to facilitate threadbare discussions and detailed deliberations amongst the important players in the electoral arena on this vital issue, so that all views and counter-views are placed on the table and thrashed out transparently and cogently. The Commission sincerely solicits the views and suggestions of the various political parties on further improvement in the electoral system.
REFERENCES
• https://www.thehinducentre.com/publications/policy-watch/article25632039.ece/BINARY/Policy%20Watch%20No.7.pdf
• https://eci.gov.in/files/file/8992-manual-on-electronic-voting-machine-and-vvpat-july-2018/
• https://eci.gov.in/files/file/8756-status-paper-on-evm-edition-3/
• https://thewire.in/rights/evm-miscount-vvpat-citizens-right-secret-verified-ballot
The ‘voter verified paper audit trail’ (VVPAT) is an additional verifiable record of every vote cast that allows for a partial or total recount independent of the EVM’s electronic count. It is a critical safeguard that can help detect counting mistakes and frauds that would otherwise go undetected. The success of the VVPAT audit, however, depends on a proper, statistically acceptable, and administratively viable sample plan.
The article will give a brief description about the issues involving regarding EVM and VVPAT in Indian general elections.
Introduction
India is the largest Participatory Democracy of the world, with about 850 million registered voters. The Constitutional mandate of superintendence, direction and control of Elections to the Parliament and the State Legislative Assemblies has been conferred on the Election Commission of India.
The Election Commission of India is an independent Constitutional entity, which has successfully conducted regular elections to the Parliament and various State Legislative Assemblies for the past 66 years in a free, fair, participative, informed and credible manner.
The Commission is widely acknowledged as a ‘’Global Gold Standard’’ in Election Management across the World, setting ever-higher standards of efficient and professional conduct of Elections.
The Commission has been at the forefront of embracing, adopting and implementing the latest technological advancements in improving and fine-tuning the election processes and systems.
The Commission has taken the pioneering initiative of introducing Electronic Voting Machine (EVM) for recording, storing and counting of votes across the length and breadth of the Country in a transparent, credible and secure manner, backed by appropriate legal support. The use of EVM demonstrates the Commission’s unflinching resolve to continually improve, upgrade and strengthen the Electoral Process in the country.
The Commission has successfully used EVMs in conducting 107 General Elections to the State Legislative Assemblies and 3 Lok Sabha Elections over the last 23 years. 55.41 crore (554 million) voters exercised their franchise in 2014 Lok Sabha elections using EVMs.
Since the very inception of the EVMs in 1982, as a positive electoral reform on the electoral scene in India, blames and aspersions have been cast on the EVMs from various quarters including political. Recently, after the announcement of the results of the five State Assembly Elections in March 2017, again certain allegations have been leveled against the EVMs.
A group of thirteen political parties met the Commission on 10 April 2017 and expressed certain reservations about the use of EVMs. It needs to be emphasized that the wide range of technical security, administrative protocols and procedural safeguards mandated by the Commission robustly ensures the integrity, non-tamperability and credibility of the EVMs.
The stringent procedures and well-defined poll processes prescribed by the Commission protect the EVMs against any sort of manipulation. It is also significant to highlight that the Commission is committed to the 100% coverage of VVPATs in all future elections to the Parliament and State Assembly Elections.
The requisite funds for the procurement of adequate number of VVPATs and latest generation (M3) EVMs have been sanctioned by the Government and machines are expected to be manufactured and delivered by BEL and ECIL to the ECI by September 2018 as committed by the manufacturers.
At the present juncture, when EVMs are once again encumbered with yet another debate on its efficacy and robustness, it is imperative to hold consultations with stakeholders.
The Journey of EVM in India
• Voting system in India has gone through multiple changes. During the first two General Elections to the Lok Sabha in 1952 and 1957, each candidate was allotted a separate ballot box pasted with the symbol of the candidate. The names and symbols of the candidates were not printed on the ballot paper and voters had to drop a pre-printed ballot paper in the ballot box of the candidate of their choice. This system ignited fears of tampering, booth capturing, and manipulation in the minds of the various stakeholders and was soon replaced. In 1960-61, a marking system on the ballot paper was introduced during the mid-term elections to the Legislative Assemblies in Kerala and Odisha and this system continued till the 1999 Lok Sabha elections.
• Before introduction of the EVM, the ubiquitous Ballot papers were used to cast votes in the Indian Elections, with considerable success. The use of ballot papers was time consuming, prone to malpractices like booth-capturing and ballot-box stuffing, large number of invalid votes due to wrong/incorrect marking, subject to prolonged counting drills, more disputes and delayed result announcement besides being an eco-logically straining and non-environment friendly method.
• However, in comparison, EVM has substantial comparative and noticeable advantages.
The manner of voting by EVMs is much simpler and voter-friendly as the voter is merely to press the button on BU for casting his votes in favour of the candidate of his choice.
Under the EVM system, there is no invalid vote, whereas in the ballot paper system large number of ballot papers were invalidated and in some cases, the number of such invalid ballot papers was even more than the winning margin of the elected candidate.
It is auditable, transparent, accurate, and secure and helps reduce human error.
It gives faster results in hours, which is particularly relevant in large countries like India having Constituencies of several hundred thousand voters, where counting used to take days and weeks earlier.
In addition, EVM voting saves time, energy and money, not to speak of the millions of trees it saves in the process.
Earlier crores of ballot papers were printed requiring hundreds of tonnes of paper for printing the same and the printing of ballot papers had to be undertaken in large number of Government Presses for very long periods, involving hundreds of election officials in each constituency.
Additionally, the innovative use of advancements in modern electronics for voting in the country provides for a fulsome endorsement of the creativity, inventiveness and pioneering acumen of the Indian society at large and serves to enhance the image and prestige of the country in the international arena.
• As can be easily appreciated, the weight of cumulative comparative experience of conducting elections for over 7 decades, both with ballot papers and EVMs, and the numerous undeniable merits in the use of EVMs, render the EVMs as a preferred instrument of casting votes.
• Quite evidently, the use of ballot papers was a traditional, anachronistic and archaic voting method. In order to overcome the aforementioned problems associated with the erstwhile practice of using ballot papers, and also to keep updated with the advances of technology, the ECI mooted the idea of EVM in 1977.
• In 1977, Mr. S.L. Shakdhar, the then Chief Election Commissioner of ECI, during a tour in Hyderabad requested the Electronics Corporation of India (ECIL) to study the possibility of using an electronic device for conducting elections. The Electronics Corporation of India Ltd (ECIL), Hyderabad, a PSU of the Atomic Energy Ministry, was assigned the task to design and develop an electronic gadget for conducting elections. In 1979, a proto-type was developed and its operation was demonstrated by the ECI before the representatives of political parties on 6th August, 1980.
• The Bharat Electronics Limited (BEL), Bengaluru, a Defense Ministry PSU, had also developed a “microcomputer based voting equipment, which they had used for the elections for the various unions of the company”. In January 1981, BEL approached ECI for manufacturing EVMs and on 29th July, 1981, the Commission held a meeting with the representatives of BEL, ECIL, the Ministry of Law and Chief Electoral Officers of some states regarding use of EVMs in elections.
• On 19th May, 1982, the ECI issued directives under Article 324 of the Constitution of India for the use of EVMs and conducted elections at fifty polling stations using the machines in a bye-election in 70-Parur Assembly Constituency (AC) of Kerala on an experimental basis. The EVMs were further used in 10 Bye-elections across the country in 1982-83. However, due to the absence of any specific law prescribing the use of EVMs, the election was challenged in a petition (Election Petition 01 of 1982 filed by A.C. Jose) and on 5th March, 1984, the Hon’ble Supreme Court of India held that EVM cannot be used in an election unless a specific provision is made in law for its use. Consequently, the law was amended by the Parliament in December 1988 and a new Section 61A was included in the Representation of the People Act 1951, there by empowering the ECI to use EVM. The amendment came into force on 15th March, 1989. The Supreme Court upheld the Constitutional validity of Section 61A in its judgment in AIADMK versus Chief Election Commissioner and Others {(2002 UJ (1)387}.
• However, doubts and speculations regarding this new entrant in the voting system of India persisted in the political atmosphere of the country. In order to gain popular trust and affirm the integrity of the new electronic voting system, the Government of India instituted an Electoral Reforms Committee (ERC) in January 1990, consisting of representatives from several national and state-level political parties under the chairmanship of Mr. Dinesh Goswami. The ERC recommended the examination of EVM by a team of technical experts.
• Consequently, a Technical Expert Committee was formed under the chairmanship of Mr. S. Sampath, Chairman, RAC, and DRDO with eminent scientists like Dr. P.V. Indiresen (IIT, Delhi), Dr. Rao C. Kasarbada (ER&DC, Trivandrum) in the list among others. The members of the TEC have always been renowned professionals of technical excellence and eminent academic/research record. In April 1990, the Expert Committee unanimously recommended the use of EVMs without any further loss of time marking it technically sound, secure and transparent. On 24th March, 1992, necessary amendments to the Conduct of Elections Rules 1961 were notified by the government vis-Ã -vis the use of EVMs.
• In 1998, a general consensus was reached on the use of EVMs for conducting Indian elections. In 1998, EVMs were used in 16 Legislative ACs across three states of Madhya Pradesh, Rajasthan, and Delhi. The use of EVMs further expanded in 1999 to 46 Parliamentary Constituencies (PC), and later, in February 2000, EVMs were used in
• 45 ACs in Haryana state assembly polls. In 2001, the state assembly elections in Tamil Nadu, Kerala, Puducherry, and West Bengal were completely conducted using EVMs. All state assembly elections thereafter witnessed the use of this machine. In 2004, the EVMs were used in all 543 PCs for the elections to the Lok Sabha. A new technologically advanced voting system completely replaced the erstwhile voting method of using ballot papers. Since 2000, India has witnessed 107 State Assembly Elections and 3 General Elections to the Lok Sabha (2004, 2009, and 2014) where votes were cast and recorded using the EVMs.
• A number of technological changes were made in the EVMs in 2001 and the machines were further upgraded in 2006. The pre-2006 era EVMs are known as ‘M1 EVMs’, while EVMs manufactured between 2006 to 2010 are called ‘M2 EVMs’. The next generation of EVMs, produced since 2013 are known as ‘M3 EVMs’.
• The latest addition to the Indian EVM is the Voter Verifiable Paper Audit Trail (VVPAT), which was introduced in 2013, as an additional measure of transparency in the EVM-based voting system. The task of developing a VVPAT model was assigned by the Commission to the EVM manufacturers under the expert guidance of the Technical Expert Committee (TEC). A prototype was manufactured and field trials were conducted in Thiruvananthapuram (Kerala), Delhi, Cherapunjee (Meghalaya), Jaisalmer (Rajasthan) and Leh (Jammu & Kashmir) in July 2011. Following the first field trials, the Commission directed the manufacturers to re-design the VVPAT.
• A second field trial was conducted in July-August 2012 after the new model was manufactured. On 19th February, 2013, the final model was approved by the TEC. The model was demonstrated to the political parties in a meeting on 10th May, 2013. The Conduct of Elections Rules, 1961 were amended and notified on 14th August, 2013, thereby, allowing the ECI to use VVPATs along with EVMs. On 4th September, 2013, VVPATs were first used in the bye-election for 51-Noksen AC in Nagaland.
• In the meanwhile, on 8th October, 2013, in a Public Interest Litigation matter, the Hon’ble Supreme Court directed the ECI to introduce the VVPAT system in a phased manner. In 2013, the ECI had procured 20,000 VVPATs which were used in different elections. In 2017 during the recently concluded State Assembly Elections, 53500 VVPATs were used in 33 ACs in Punjab, 6 ACs in Manipur, 3 ACs in Uttarakhand, 30 ACs in Uttar Pradesh, and 40 ACs in Goa.
EVM in Indian Elections
Date Chronology of Events
1977 ECI mooted the idea of EVM
1979 A proto-type was developed
6th August, 1980 Demonstration by ECI before the representatives of political parties
January 1981 BEL approached ECI for manufacturing EVMs
29th July, 1981, ECI held a meeting with the representatives of BEL, ECIL, the
Ministry of Law and Chief Electoral Officers of some state
19th May, 1982 EVMs first used in 70-Parur AC in Kerala
1982-83 EVMs used in 10 Bye-elections in different parts of the Country
5th March, 1984 Supreme Court of India held that EVMs cannot be used in elections without a specific provision in law.
December 1988 A new Section 61A was included in the Representation of the
People Act 1951 (The Supreme Court upheld the validity of section 61A in 2001)
15th March, 1989 The amendment came into force
January 1990 Electoral Reforms Committee (ERC) formed by Government of India
April 1990 Technical Experts Committee recommended the use of EVMs
24th March, 1992 Necessary amendments to the Conduct of Elections Rules 1961 were notified by the Government
1998 A general consensus was reached on the use of EVMs for conducting Indian elections.
1999-2004 EVMs used in different state assembly elections
2004 - 2014 EVMs used in three consecutive elections to the Lok Sabha
14th August, 2013 The Conduct of Elections Rules 1961 were further amended and notified to provide for VVPATs
4th September,
2013 , VVPAT was first used in a bye-election for 51-Noksen AC in Nagaland
8th October, 2013 Hon’ble Supreme Court directed the ECI to introduce the VVPAT system in a phased manner
2013 – present Limited number of VVPATs introduced in phases by ECI
April 2017 Approval received for purchase of 16, 15,000 VVPATs at a cost of Rs. 3173.47 Crore during 2017-18 and 2018-19. All required VVPATs will be procured by the Commission by September, 2018, subject to manufacturing exigencies.
Legal Interventions and Court Cases
Since 2001, the issue of possible tampering of EVM has been raised before various High Courts. Some of these are mentioned below:
(a) Madras High Court-2001
(b) Kerala High Court-2002
(c) Delhi High Court-2004
(d) Karnataka High Court- 2004
(e) Bombay High Court (Nagpur Bench)-2004
Analysis: All the aforementioned High Courts after going through various aspects of the technological soundness and the administrative measures involved in the use of EVMs, have held that the EVMs are credible, reliable and totally tamperproof. In some of these cases, even the Supreme Court has dismissed appeals filed by some petitioners against High Court orders.
In 2004, this matter was placed before the Delhi High Court by advocate Pran Nath Lekhi who had alleged that EVMs were tampered with to favour UPA in the election results. But HC found no merit in the petition. In this context, the Hon’ble Karnataka High Court held that “This invention is undoubtedly a great achievement in the electronic and computer technology and a national pride”. The order was delivered on a plea filed in 1999 by a defeated candidate who had challenged the role of EVM machines in Yelahanka parliamentary constituency. The court studied the safety features and examined BEL scientists and ruled that machines were tamper-proof and any attempt to doctor them cannot be kept away from the public eye.
Both the Karnataka High Court and the Madras High Court observed that use of EVMs in election has several advantages over the system of ballot paper/ballot box election. The Hon’ble Madras High Court also categorically ruled out any question of tampering of the EVMs. The following observations made by the Madras High Court may be taken note of:
“There is also no question of introducing any virus or bugs for the reason that the EVMs cannot be compared to personal computers. The programming in computers, as suggested, has no bearing with the EVMs. The computer would have inherent limitations having connections through Internet and by their very design, they may allow the alteration of the programme but the EVMs are independent units and the programme in EVM is entirely a different system.”
The Bombay High Court (Nagpur Bench) examined certain witnesses who claimed to be experts in the field of electronics and electronic gadgets. These witnesses, however, admitted before the Court that tampering of EVMs was not possible unless the persons new entire things and had free access to the machines.
In one of the cases, the Hon’ble High Court of Kerala in its order dated 6th February, 2002 had recorded its appreciation on the efficiency of the EVM mechanism. The judgment of the Kerala High Court in the said Election Petition was upheld by the Hon’ble Supreme Court in Civil Appeal (AIR 2003 SC 2271). It is admitted before various courts that the data or technique brought in use of EVM in India were not subject to piracy as nobody knows anything about the contents of any type or has any unauthorized or free access to EVM.
In Oct 2013 to bring about greater transparency the Hon’ble Supreme Court directed ECI to introduce VVPAT in phased manner.
Till date, 33 (thirty-three) cases have been filed in the various Courts (including various High Courts and Supreme Court), where the issues pertaining to EVMs have been agitated. Of these, 26 (twenty six) petitions have already been rejected by the Courts and the remaining are under judicial process.
VOTER VERIFIABLE PAPER AUDIT TRAIL (VVPAT)
In a meeting of all political parties held on 4th October, 2010, the parties expressed satisfaction with the EVM but some parties requested the Commission to consider introducing Voter Verifiable Paper Audit Trail for further transparency and verifiability in poll process. In India, the demand of VVPAT to increase transparency was floating in the air for some time after such a tool was first demonstrated in New York City in March 2001 and first used in Sacramento, California in 2002. The demand was referred to the Technical Expert Committee (TEC) by the ECI.
Introduction of VVPAT implied that a paper slip is generated bearing name and symbol of the candidate along with recording of vote in Control Unit, so that in case of any dispute, paper slip could be counted to verify the result being shown on the EVM. Under VVPAT, a printer is attached to the balloting Unit and kept in the voting compartment. The paper slip remains visible on VVPAT for 07 seconds through a transparent window. The Commission referred the matter to its Technical Expert Committee (TEC) on EVMs for examining and making a recommendation in this regard. The Expert Committee had several rounds of meetings with the manufacturers of EVM, namely, BEL & ECIL, on this issue and then had met the political parties and other civil society members to explore the design requirement of the VVPAT system with the EVM.
On the direction of the Expert Committee, the BEL and ECIL made a prototype and demonstrated before the Committee and the Commission in 2011. On the recom mendation of the Expert Committee on EVM & VVPAT system, the Commission conducted simulated election for the field trial of VVPAT system in Ladakh (Jammu & Kashmir), Thiruvananthapuram (Kerala), Cherrapunjee (Meghalaya), East Delhi District (NCT of Delhi) and Jaisalmer (Rajasthan) in July 2011. All stake holders including senior leaders of political parties and civil society members participated and witnessed enthusiastically in the field trial. After 1st field trial of the VVPAT system, Commission made a detailed reassessment of the VVPAT system to further fine tune the VVPAT system. Accordingly, the manufacturers developed 2nd version of VVPAT prototype. The same was again subjected to 2nd field trial in the said five locations in July-August 2012.
In the meeting of the Technical Expert Committee held on 19th February, 2013, the Committee approved the design of VVPAT and also recommended the Commission to take action on amendment of the rules for using VVPAT. The model was demon strated to all the political parties in an all-party meeting on 10th May, 2013. The Government of India notified the amended Conduct of Elections Rules, 1961 on 14th August, 2013, enabling the Commission to use VVPAT with EVMs. On 4th September, 2013, the Commission used VVPAT with EVMs first time in bye-election from 51-Noksen (ST) Assembly Constituency of Nagaland.
On 8th October, 2013, the Hon’ble Supreme Court ordered introduction of VVPAT in phases in its judgment on a PIL and asked Government to sanction funds for procurement. As directed by the Hon’ble Supreme Court of India, the ECI introduced the VVPAT system in a phased manner so that full implementation could be achieved by 2019. In 2013, the ECI procured 20000 VVPATs. On 25th November, 2013, VVPATs were used in 10 ACs in Mizoram; on 4th December 2013, it was used in one AC in Delhi; and thereafter in subsequent elections.
The following table gives us the journey of VVPAT in India at a glance:
Date Chronology of Events
4th Oct 2010 An all-party meeting held. Agreement on incorporation of VVPATs along with EVMs.
July 2011 Field trial conducted after the prototype was manufactured, in Thiruvananthapuram (Kerala), Delhi, Cherapunjee (Meghalaya), Jaisalmer (Rajasthan) and Leh (Jammu & Kashmir).
July-Aug 2012 A second field trial was conducted
19th Feb 2013 Final model was approved by TEC
10th May 2013 The Model was demonstrated to all political parties
14th Aug 2013 The conduct of Election Rules 1961 was amended and notified
4th Sep 2013 Election Commission of India used VVPAT along with EVMs in a bye-elections for 51-Noksen AC in Nagaland
8th Oct 2013 Hon’ble Supreme Court directed ECI to introduce the VVPAT system in a phased manner. full implementation to be achieved by 2019
25th Nov 2013 VVPATS were used in 10 ACs of Mizoram
4th Dec 2013 VVPAT was used in one AC in Delhi and thereafter in subsequent elections
Feb-Mar 2017 52000 VVPATs were used in 33 ACs in Punjab, 6 ACs in Manipur, 3
ACs in Uttarakhand, 30 ACs in Uttar Pradesh and 40 ACs in Goa
April 2017 Approval of Government received for purchase of 16, 15,000
VVPATs at a total estimated cost of Rs.3173.47 Crores
So far, VVPATs have been used in 266 Assembly Constituencies and 9 Parliamentary constituencies. In Goa elections in 2017, VVPAT was employed in all 40 LACs. ECI employed about 53,500 VVPATs in five States where elections were held recently.
Recent issues and controversies:
After the declaration of the state assembly elections results in March 2017, some political parties have raised doubts about the fairness of the election process through the EVM, tagging it as tamperable, and hence an unreliable voting gadget.
On 10.04.2017, representatives of thirteen (13) political parties met the Commission and submitted a joint representation expressing concerns about the transparency of voting method with the use of the EVM. Leaders of some of these parties either met or, wrote to the Election Commission of India (ECI), expressing their apprehensions and presenting their arguments against the use of EVM for casting and recording popular votes. Some excerpts from the petitions and representations made to the Commission are reproduced here:
‘’In view of the above, it is earnestly prayed that
(a) To consider replacing/ substituting the current State CEO and Collector/DRO, Bhind. This is a minimum expectation to instill the faith in Indian democratic polity.
(b) ECI may direct impartial and unimpeachable experts to revisit and re-verify the authenticity of all voting machines being deployed in the two bye-elections in MP, which must be done transparently in the presence of authorized representatives of political parties and/or candidates.
(c) it is necessary that the entire process should be reexamined thoroughly and all agencies and persons involved in the maintenance, operationalization and data feeding in the machines and all other performing duties and responsibilities including storage before use of EVMs in further elections and all parties should be taken in confidence…”.(Letter dated 01.04.2017 from All India Congress
Committee)
“With regard to the Bhind incident, kindly allow us to examine that particular machine in the presence of your officers. There are serious apprehensions that its software has been changed.’’ (Letter dated 03.04.2017 from Aam Aadmi
Party)
“It is in the paramount interest of all political parties concerned, that these incidents/allegations should be impartially investigated and the truth about the same be placed before the people of India…It is imperative that the Election Commission of India which has a Constitutional mandate to conduct national and State elections in a fair, free and impartial manner, take urgent note of the concerns and apprehensions raised by major political parties… till such time, the issues of tampering and malfunctions of the EVMs are addressed and the tamper-proof and flawless functioning of EVMs is technologically established and endorsed globally, to the satisfaction of the political parties, the forthcoming elections should be conducted under the old paper ballot system.” (Representation on behalf of Political Parties dated 10.04.2017)
Two more incidents were brought to the knowledge of the Commission - one pertaining to the recently concluded Bye-elections in Bhind (Madhya Pradesh) and the other one relating to Dholpur (Rajasthan). The incidents were enquired and the facts are as follows:
The first incident pertained to the bye-election to Ater AC in Bhind District of Madhya Pradesh in Mar-Apr 2017, wherein it was claimed that on pressing 4 (four) different buttons on the machine, only the symbols of one party were printed. A detailed enquiry into the reported allegations of EVM tampering to favour a specific political party was conducted by the Commission. The Enquiry report clearly pointed out that the allegations were totally unsubstantiated and baseless. The confusion was created due to the non-adherence of the prescribed protocols and instructions of the Commission at a mock demonstration by the competent officers, due to which the previously stored data in VVPAT was not erased. However, the alle gation of every button press yielding the same symbol were found to be untrue. Nonetheless, the Commission took a serious view of the procedural lapses and non-compliance of extant instructions and initiated prompt action against the district level officers for the lapse.
The second incident relates to the factually incorrect and misleading news about 18 tampered and malfunctioning EVMs in Dholpur Bye-elections in Rajasthan. The matter was duly enquired and contrary to the allegations, only 2 EVMs out of 231 deployed in Dholpur AC (which is less that 1%) were found defective and changed.
Present Status:
Hon’ble Supreme Court in its order dated 8 Oct 2013 has observed that EVMs with VVPAT system ensures the accuracy of the voting system. With an intent to have fullest transparency in the system and to restore the confidence of the voters, it is necessary to set up EVMs with VVPAT systems because vote is nothing but an act of expression which has immense importance in democratic system. The apex court appreciated the efforts and good gesture made by the ECI in introducing VVPATs and permitted the ECI to introduce the same in a gradual stages or geographical wise in the ensuing general elections. The Court also directed the Government of India to provide required financial assistance for the procurement of units of VVPATs for the implementation of VVPAT system in a phased manner.
Amidst the ongoing debate on the EVM, the ECI not only reaffirmed its faith on the transparency, credibility, non-tamperability and robustness of the machines, but also stressed on the immediate deployment of VVPATs for safeguarding the integrity of the voting system as well as strengthening confidence of the voters. In order to ensure the compliance of Hon’ble Supreme Court order The Chief Election Commissioner of India vigorously pursued the allocation of funds to the manufacturers for the timely manufacture and supply of required quanity of VVPATs to the ECI for ensuring 100% VVPAT coverage at all polling stations. The Election Commission also vigorously reviewed the production capacity of the manufacturers impressing upon them the need to strictly adhere to the schedule by enhancing their manufacturing capacity.
Based on Commission’s continuous follow up the funds have since been allocated on 19 April 2017 amounting to Rs 3173.47 crore for purchase of 16, 15,000 VVPATs and orders have been issued to the manufacturers. It is pertinent to mention that Rs 1939.95 crore has been sanctioned and released by the Government for the manufacture of M3 EVMs. The manufacturers have committed to manufacture the EVMs and VVPATs and supply to ECI by Sep 2018.
The Commission is committed to using VVPAT machines along with EVMs in all future elections to be conducted under its superintendence and direction for the Parliament and State Legislative Assemblies.
Conclusion:
• As is evident, the EVM used in Indian elections have gone through a long journey of evolution amidst challenges and has emerged as an effective machine of electoral reform over the years since its introduction. It has enhanced public confidence as well as legitimacy of Indian elections in the eyes of the world.
• The Indian EVM stands as one of the most credible, non-tamperable and transparent machine amongst all such machines used in other parts of the world. Indian EVMs have attracted the attention of many Afro-Asian countries also. Till date, no one could actually demonstrate that EVMs in possession of ECI and used by it, can be tampered with or manipulated. What has been demonstrated or claimed to have been demonstrated is on a privately assembled “look-alike of ECI-EVMs” and not the actual ECI-EVM used by ECI. Recently, on an allegation of EVMs yielding votes for only one political party in Bhind (Madhya Pradesh) and Dholpur (Rajasthan), the ECI promptly conducted an enquiry which found out that such allegations were found to be baseless.
• Today, the ECI once again completely reaffirms its faith in the non-tamperability of the EVMs of ECI in view of the technical security features and the stringent administrative protocols and procedural safeguards which are mandatorily to be followed during and after the polls. In conclusion, it will be pertinent to refer to the verdict of the Karnataka High Court in this respect, which observed that EVM in India is a “national pride” and the fact that Indian elections are widely internationally acknowledged as the “Global Gold Standard”.
• The Commission and electoral system stakeholders have taken a conscious decision that EVM is the right answer to the formidable task of election management and the huge logistical challenges it throws. The ECI hopes that once the VVPATs cover all the polling booths in the country, the confidence and transparency will be further enhanced.
• The Commission firmly believes that the introduction of VVPAT machines with the EVMs in all future elections will bring utmost transparency and credibility in the EVM-based voting system in our country and conclusively put to rest all misinformed doubts and misgivings regarding these machines.
• The Commission will launch a comprehensive, concerted and nation-wide voter education and awareness programme under its flagship SVEEP initiative, to educate, orient and inform the voters about the functioning, usage and advantages of the VVPAT machines and their immense utility in reinforcing the transparency, credibility and authenticity if the voting process. The Commission earnestly solicits the cooperation and collaboration of all the vital stakeholders, particularly the political parties, to join hands in spreading awareness about the advantages of VVPAT machines. The Commission is confident that the collaborative efforts of all the stakeholders in the electoral process will lead to continuous improvements in the electoral management and make our system more transparent, participative, informed and credible.
• The Commission firmly believes in an open, constructive and comprehensive dialogue with all crucial stakeholders in the electoral process and the political parties are a critical stakeholder of the democratic edifice in the country. Considering the recent issues regarding use of EVMs, the Commission offered to convene an All Party Meeting. The objective behind the said meeting is to facilitate threadbare discussions and detailed deliberations amongst the important players in the electoral arena on this vital issue, so that all views and counter-views are placed on the table and thrashed out transparently and cogently. The Commission sincerely solicits the views and suggestions of the various political parties on further improvement in the electoral system.
REFERENCES
• https://www.thehinducentre.com/publications/policy-watch/article25632039.ece/BINARY/Policy%20Watch%20No.7.pdf
• https://eci.gov.in/files/file/8992-manual-on-electronic-voting-machine-and-vvpat-july-2018/
• https://eci.gov.in/files/file/8756-status-paper-on-evm-edition-3/
• https://thewire.in/rights/evm-miscount-vvpat-citizens-right-secret-verified-ballot
Useful matter nyc
ReplyDelete