The Supreme Court has directed the Election Commission of India (ECI) to file its response within 15 days regarding a plea seeking the inclusion of checking and verification of the burnt memory of Electronic Voting Machines (EVMs) as part of the poll panel’s Standard Operating Procedures (SOPs). The directive came during a crucial hearing on Wednesday, where a bench comprising Chief Justice Sanjiv Khanna and Justice Dipankar Datta reviewed an application filed by the Association for Democratic Reforms (ADR), a non-governmental organization working for electoral transparency and reforms. The plea raises significant concerns about the security, reliability, and credibility of EVMs, urging that a systematic mechanism be introduced to verify the integrity of their software and hardware.
During the proceedings, Advocate Prashant Bhushan, representing ADR, argued that the Election Commission must ensure that its procedures align with past Supreme Court judgments to enhance electoral transparency. He emphasized that the verification process should not merely be an optional practice but should be formally integrated into the ECI’s SOPs to build trust among voters and political stakeholders. According to Bhushan, the software and hardware components of the EVMs must be examined thoroughly to detect and prevent any possible manipulations or vulnerabilities. "What we want is that somebody should examine the software and hardware of the EVMs to determine if there has been any element of manipulation or unauthorized changes," he stated, underlining the importance of an independent and verifiable audit mechanism.
Chief Justice Khanna, while considering the concerns raised, inquired about the status of the paper trail associated with EVMs. He specifically asked whether the Voter Verified Paper Audit Trail (VVPAT) records would remain available after counting or if they would be removed. In response, Bhushan clarified that as per electoral regulations, both the EVMs and the paper trail should be preserved to allow for verification in case of any dispute. He further stressed that transparency in the electoral process is critical for maintaining public confidence in India’s democracy, and ensuring a thorough verification mechanism would strengthen trust in the electoral machinery.
The Supreme Court then provided a clarification regarding its earlier order, stating that it never intended to create any obstacles in the electoral process or the vote counting procedure. Rather, the court emphasized that its primary concern was to address any doubts regarding the integrity of EVMs through an independent verification process. "We didn’t want any disturbance in the counting process due to our earlier order," the bench observed. "At the same time, we wanted to ensure that if anyone had reasonable doubts, there should be a mechanism in place for technical verification to ascertain if any tampering had taken place."
With these observations, the court directed the Election Commission to respond within 15 days, requiring the poll panel to provide its stance on the issue and outline any steps it plans to take to ensure greater transparency in the electoral process. The order marks a significant development in the ongoing debate surrounding the security and reliability of EVMs in Indian elections. It underscores the judiciary’s role in ensuring fair and transparent electoral practices while balancing the need for efficiency in conducting elections.
The matter assumes particular significance in light of growing concerns among opposition parties, civil society groups, and electoral watchdogs about the potential for EVM tampering or malfunctioning. Several political leaders and advocacy groups have called for greater scrutiny of the electoral process, citing instances from past elections where discrepancies were alleged. While the Election Commission has consistently maintained that EVMs are secure, tamper-proof, and rigorously tested before use, demands for an independent audit mechanism have gained momentum over the years.
If the Supreme Court directs the inclusion of burnt memory verification as part of the ECI’s SOPs, it could lead to a significant shift in the way electronic voting is managed in India. Such a move would likely introduce additional layers of verification, involving forensic analysis of memory storage, security audits, and independent oversight by technical experts. This could also set a precedent for future electoral reforms, including a possible expansion of VVPAT verification beyond the current random sampling method.
As the Election Commission prepares its response, the issue is expected to generate further debate on the need for robust electoral safeguards. With India being the world’s largest democracy, ensuring the credibility of its electoral system remains paramount. The Supreme Court’s directive thus represents an important step toward addressing concerns about EVM security while reinforcing public confidence in the democratic process. The coming weeks will be crucial in determining how the ECI plans to address these concerns and whether any new procedural changes will be introduced in response to the court’s observations.
