Why no EVMs with paper trail, SC asks Centre, EC

EVMs remain highly vulnerable and susceptible to hacking, senior advocate P. Chidambaram submits

April 13, 2017 01:05 pm | Updated 09:04 pm IST - NEW DELHI

A file picture shows the Voter Verifiable Paper Audit Trail (VVPAT) machines, used on a trial basis in the Bangalore South Lok Sabha constituency in 2014.

A file picture shows the Voter Verifiable Paper Audit Trail (VVPAT) machines, used on a trial basis in the Bangalore South Lok Sabha constituency in 2014.

The Supreme Court on Thursday asked the Centre to respond by May 8 to a plea by the Bahujan Samaj Party (BSP) to comply with a 2013 Supreme Court directive to introduce paper trail in Electronic Voting Machines (EVMs).

A Bench led by Justice J. Chelameswar issued notice to the Centre after senior advocate P. Chidambaram submitted that EVMs remain highly vulnerable and susceptible to hacking.

"What one man can invent, another man can hack," Mr. Chidambaram submitted.

"I (voter) press a button on the EVM and I do not know what the machine has recorded. There is no way I can know that the machine is recording the wishes of the electorate," Mr. Chidambaram said.

Mr. Chidambaram said if the EVM is fixed to a vote-verifiable paper audit trail (VVPAT) machine, the voter can see whether the symbol the voter presses is the symbol the EVM registers in the system.

Verification of the vote is an indispensable part of voting, Mr. Chidambaram submitted.

"Only a paper trail can restore the confidence of the people," Mr. Chidambaram submitted.

The Supreme Court, in 2013, to a petition filed by the now BJP Rajya Sabha MP Subramanian Swamy, had asked the Commission to introduce in a phased manner the paper trail in Electronic Voting Machines (EVMs) for the 2014 Lok Sabha elections, saying "it is an indispensable requirement of free, fair and transparent" polls which will restore confidence of the voters.

The Supreme Court, which directed the Centre to provide financial assistance to the poll panel for introduction vote verifier paper audit trail (VVPAT) system with the EVMs, had said it would "ensure the accuracy of the voting system" and also help in "manual counting of votes in case of dispute."

"The 'paper trail' is an indispensable requirement of free and fair elections. The confidence of voters in the EVMs can be achieved only with introduction of the paper trail," it had said.

"EVMs with VVPAT system ensure 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 system because vote is nothing but an act of expression which has immense importance in democratic system," the Bench had said.

Mr. Chidambaram said the Commission had sent SOS to the Centre for funds to install EVMs with VVPAT.

A total of ₹3000 crore is required to set up EVMS with VVPAT, the ways things are proceeding, it would take another 150 years, Mr. Chidambaram submitted.

The BSP and the Congress — the latter sought permission to intervene along with other Opposition parties, including the TMC — said they did not want to press their prayer for quashing of the recent Assembly elections.

"Nowhere in the world except in South America EVMs are used," senior advocate Kapil Sibal for Congress party submitted.

But this comment saw Justice Chelameswar ready with his retort that "if I am not wrong, EVMs was introduced by your party."

"EVMs itself was a remedy for other evils of polling like booth-capturing, etc," Justice Chelameswar said.

"Science has improved, so has hacking," Mr. Chidambaram responded.

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