Is India's EVM and VVPAT System Truly Transparent?

India’s highest court is deliberating on petitions seeking a direction to the Election Commission of India (ECI) to mandatorily cross verify the count in Electronic Voting Machines (EVM) with Voter Verifiable Paper Audit Trail (VVPAT) records by tallying all VVPAT slips. The Supreme Court had earlier sought responses from the ECI and the Centre on the pleas filed by Association for Democratic Reforms (ADR) and activist Arun Kumar Agarwal seeking the complete counting of all VVPAT slips in the general elections. 

While the final decision on the matter rests with the Supreme Court just days ahead of the upcoming elections, this case likely ranks among the most important matters currently under the scrutiny of India’s apex court. Its ramifications on the forthcoming elections cannot be overstated. A favourable ruling has the potential to establish a strong precedent, clearing the way for transparent, free and fair electoral process in the country.

How does the current EVM-VVPAT system function? 

The Electronic Voting Machine comprises two main components: the Ballot Unit (BU) and the Control Unit (CU). When a voter casts their vote using the EVM, they press a button on the Ballot Unit corresponding to their chosen candidate, which triggers a beep. Simultaneously, the VVPAT machine prints out a slip confirming the voter's selection, displaying the candidate's name, serial number, and symbol. This slip remains visible to the voter for seven seconds through an illuminated window for verification. After this, a loud beep signifies the completion of the voting process. Notably, only the printing of the VVPAT slip is visible to the voter but the subsequent actions, such as the cutting and dropping of the printed slip into the VVPAT drop box, as well as the recording on the Control Unit (CU), are not visible to the voter.

On the day of counting, only the Control Units are transported to the counting hall, where votes are tallied by pressing the appropriate buttons in the presence of candidates. It's important to note that the CUs display only serial numbers, not candidate names. VVPAT slips are counted from only five randomly selected units for each Assembly constituency. In parliamentary elections, five units are randomly selected from each Assembly segment of the constituency to tally the VVPAT paper slip count with the candidate-wise totals of the respective electronic count of the Central Unit.

Why is the paper trail so important? 

In the case of Dr. Subramanian Swamy vs. Election Commission of India in 2013, the Supreme Court directed the ECI to introduce VVPATs in electronic voting machines for the first time. The court emphasised, "From the materials placed by both the sides, we are satisfied that the 'paper trail' is an indispensable requirement of free and fair elections. The confidence of the voters in the EVMs can be achieved only with the introduction of the 'paper trail'." The court further stated, "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 the VVPAT system because voting is nothing but an act of expression which has immense importance in democratic system."

In the 2019 Chandrababu Naidu vs Union of India case, the Supreme Court issued directives for the verification of 5 electronic voting machines per constituency against the paper trail generated through VVPAT with the aim to achieve "greater satisfaction amongst not only the political parties but the entire electorate of the country." The court emphasised that increasing the number of machines subjected to verification of the paper trail to a reasonable extent would enhance satisfaction not only among political parties but also the entire electorate of the nation.

While the Supreme Court has recognised the paper trail as an "indispensable requirement of free and fair elections," the lingering question arises: why isn't there 100 percent verification of electronic voting machine votes with VVPAT slips? This concern is particularly pressing amidst public doubt regarding potential mismatches between votes cast and recorded. The plausible reason behind not counting all VVPAT paper slips lies in the ECI argument presented in the N. Chandrababu Naidu v. Union of India case. The ECI opposed the 50 percent physical count, citing it as a time-consuming process that could take 6-8 days to complete. However, petitioners counter this argument by stating that the ECI could expedite the process to mere hours on the day of counting if they chose to. They argue that in the absence of EVMs, paper ballot votes were manually counted and results declared on the same day. Therefore, the EC could easily deploy 150 officers in teams of 3 to simultaneously count paper slips from 50 VVPATs and conclude the counting within 5 hours.

Why is the Current EVM-VVPAT System Non-Transparent?

In the case against the ECI before the Supreme Court, petitioner Arun Kumar Agrawal highlights potential avenues for manipulation within the electoral process. These include concerns ranging from the possibility of preloading symbols on the EVMs to inaccuracies in the central unit's recording of votes. Agrawal also raises suspicions about potential programming of the VVPAT to favour a particular party, as well as issues such as failure to cut and drop paper votes into the designated drop box, tampering with EVMs during transit, and even the risk of hacking via Bluetooth, internet, or spyware.

In a 2021 report by the Citizens’ Commission on Elections titled "Is the Indian EVM and VVPAT system fit for democratic elections," significant concerns were raised regarding the integrity of the electoral process. The report highlighted substantial discrepancies in voter turnout and votes polled data on EVMs across over 373 constituencies in the 2019 elections. These discrepancies were deemed too substantial to be attributed to inadvertently counted mock polling data. Additionally, the report revealed that about 2 million EVMs were reportedly missing from the Election Commission, with no explanation provided by the ECI. 

With all eyes on the Supreme Court to see if it will deliver a favourable verdict before the poll date, one cannot overstate the importance and timeliness of such a decision as people head to the poll booths. Transparency in the electoral system has to be non-negotiable given that the Election Commission of India has invested Rs. 5000 crores of taxpayers' money in the procurement of 24 lakh VVPAT machines. The taxpayers who also happen to be the voters, have the right to ensure that their votes are accurately recorded. Therefore, transparency is not only essential for accountability but also for upholding the democratic principles of fairness and trust in the electoral process.

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