 |
|
The Supreme Court of India issued a significant directive on Tuesday, instructing the Election Commission of India (ECI) to refrain from deleting or reloading data within Electronic Voting Machines (EVMs) during the verification process. This order stems from an application filed by the Association for Democratic Reforms (ADR), which challenged the ECI's standard operating procedure (SOP) for EVM verification. The ADR argued that the ECI's SOP deviated from the Supreme Court's April 2024 judgment concerning EVM-VVPAT (Voter Verifiable Paper Audit Trail) cases. The Court's intervention underscores concerns regarding the transparency and integrity of the electoral process, particularly concerning the handling of sensitive data stored within EVMs. The Court's decision to halt the data deletion and reloading process is a crucial step in ensuring that any subsequent verification process remains unbiased and allows for thorough examination.
The core of the ADR's petition centered on the alleged discrepancy between the ECI's verification methodology and the Supreme Court's previous ruling on EVM-VVPAT. The Court's April 2024 judgment, while dismissing petitions to revert to a ballot paper system, did not explicitly address the details of the EVM verification process. However, the current case highlighted the interpretation of that judgement by the ECI, leading the Supreme Court to clarify its intention. The Chief Justice of India, Sanjiv Khanna, explicitly stated that the April 2024 judgment did not intend for the deletion or reloading of polling data. Instead, the Court's intention was to ensure a straightforward verification process, involving the examination of EVM components by an engineer from the manufacturing company after the polling concludes. This clarification highlights the importance of maintaining the integrity of electoral data, preserving the possibility of future scrutiny and ensuring transparency in the electoral process.
The Supreme Court's questioning of the ECI's justification for data erasure underscores the gravity of the concerns raised. The CJI's direct inquiry, "why do you (ECI) erase the data?", highlights the court's skepticism towards the ECI's procedural choices. The Court emphasized that the verification should be focused on certifying the absence of tampering, not on a process that potentially obscures or manipulates the original data. The Court's order to halt data deletion and reloading is a direct response to this perceived lack of transparency. The Court's intervention also extended to the cost associated with the EVM verification process. The Court deemed the ₹40,000 fee set by the ECI as excessively high, prompting a directive for the ECI to submit a detailed affidavit explaining its SOP and the rationale behind its cost structure. This demonstrates the Court's commitment to ensuring that the verification process is not only transparent but also accessible and affordable.
The broader implications of this case extend beyond the immediate concerns regarding EVM verification. The Supreme Court's decision reinforces its commitment to upholding the integrity of the electoral process and ensuring public confidence in the fairness and transparency of elections. The Court's strong stance against data erasure and its emphasis on a simplified verification process underscores the importance of preserving electoral data for potential scrutiny. This commitment to transparency is crucial in maintaining public trust in democratic institutions. The case also highlights the ongoing debate surrounding the use of EVMs in elections and the need for continuous improvement in the security and verification procedures surrounding their use. The high cost of verification, as noted by the Court, also raises questions about the accessibility and potential barriers to independent verification efforts.
The Supreme Court's actions represent a significant development in the ongoing conversation surrounding the integrity of India's electoral system. By intervening decisively and directing the ECI to cease data deletion and reloading, the Court is actively working to safeguard the transparency and reliability of the election process. The detailed affidavit requested from the ECI and the scrutiny given to the cost of verification indicate a rigorous effort to ensure accountability and public confidence. This case highlights the critical role of the judiciary in overseeing the electoral process and its commitment to maintaining the integrity of democratic institutions within the country. The Court's actions send a clear message that transparency and accountability are paramount in maintaining public trust in the electoral system. This is a crucial development that will undoubtedly influence future debates and procedural refinements related to the use and verification of EVMs in Indian elections.
Source: Don't delete/reload EVM data while verifying, Supreme Court tells Election Commission