Upholding the Democracy Principle: Reevaluating the Use of EVMs in Indian Elections

In a recent Supreme Court judgment regarding Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPATs), the court’s decision to dismiss key arguments has sparked concerns about the protection of the democracy principle in Indian elections. The judgment, while focusing on practical aspects of election malpractices, overlooks the fundamental importance of transparent and trustworthy electoral processes.

The petitioners, advocating for changes to enhance the fairness of elections, were met with criticism and labeled as anti-national by the court, raising questions about the judiciary’s alignment with the establishment’s views. Despite concerns raised about the lack of transparency in EVMs, including the need for cross-verification, potential tampering, and the inability to fulfill the democracy principle, the court’s ruling appears to prioritize maintaining the status quo over addressing these issues.

The democracy principle, as highlighted by the German courts, emphasizes the importance of voters knowing that their votes are recorded accurately and independently verifiable, regardless of technical advancements or past malpractices. However, the use of EVMs raises doubts about the integrity of the electoral process, as voters are required to trust the machines and the authorities overseeing their use.

Moreover, the lack of trust in electoral processes is exacerbated by widespread corruption and malpractice in Indian society, with the ruling party often suspected of manipulating elections for their own interests. Recent revelations about the electoral bonds further underscore concerns about the influence of money in politics and the erosion of public trust in the electoral system.

In light of these challenges, there is a growing need to reassess the use of EVMs in Indian elections and prioritize measures that uphold the democracy principle. Transparency, accountability, and public trust are essential for ensuring the integrity of electoral processes and preserving the core principles of democracy.

As the debate continues, it is imperative for stakeholders to engage in constructive dialogue and consider reforms that address the concerns raised by citizens and civil society groups. Upholding the democracy principle is paramount in safeguarding the democratic foundations of the nation and ensuring governance “by the people, of the people, and for the people.”

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