EROSION OF DEMOCRATIC FAITH: OPPOSITION’S ALLEGATIONS OF EVM RIGGING AMPLIFY TRUST CONCERNS

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✍️Jinti Moni Kalita

In the backdrop of the 2024 Loksabha elections in India, allegations regarding the integrity of Electronic Voting Machines (EVMs) have emerged, particularly from opposition parties, casting doubt on the credibility of electoral processes. These claims have significantly contributed to a diminishing trust in the democratic system among the populace. The erosion of trust stemming from suspicions of EVM manipulation prompts a critical reevaluation of the fundamental principles underpinning democratic governance. Such doubts have led to the erosion of trust among the populace in the electoral process and democratic institutions as a whole.

Prior to the introduction of Electronic Voting Machines (EVMs), elections in India were conducted using ballot papers. However, the ballot paper system had several significant drawbacks, the three most prominent being ballot stuffing, tampering, and errors in vote counting. These vulnerabilities undermined the integrity and fairness of the electoral process. To modernize and enhance the efficiency of the electoral process, EVMs were introduced. In India the introduction of Electronic Voting Machines (EVMs) has often been implemented gradually, with some constituencies continuing to use paper ballots while others transition to EVMs. This phased approach enabled researchers to analyze and compare outcomes between the two voting methods, providing valuable insights into the impact of voting technology.Several studies have shown how EVMs have improvised the electotal process in the country leading to reduction in electoral fraud, increased participation of women and marginalized groups and enhanced electoral competition.

EROSION OF DEMOCRATIC FAITH: OPPOSITION’S ALLEGATIONS OF EVM RIGGING AMPLIFY TRUST CONCERNS

An Electronic Voting Machine (EVM) comprises two units: the control unit and the balloting unit, linked by a cable. The control unit remains in the custody of the presiding or polling officer, while the balloting unit is placed within the voting compartment for electors to cast their votes. This arrangement ensures that the polling officer verifies the voter's identity. Instead of providing a paper ballot, the polling officer initiates the voting process by pressing the Ballot Button on the control unit, enabling the voter to cast their vote electronically. A list of candidates' names and/or symbols is displayed on the machine, each accompanied by a button. The voter selects their preferred candidate by pressing the button adjacent to the candidate's name or symbol.

Subsequently, the Voter Verifiable Paper Audit Trail (VVPAT) was introduced to enhance transparency. VVPAT prints a receipt after the vote is cast, allowing voters to verify their selections.

On May 19, 1982, a trial of Electronic Voting Machines (EVMs) was conducted in 50 polling stations during the Parur assembly seat election in Kerala. Following this trial, the Representation of the People Act was amended in December 1988, introducing a new section, 61A, granting the Election Commission (EC) the authority to utilize EVMs. After Bharat Electronics Ltd (BEL), a Defense Ministry Public Sector Undertaking (PSU), demonstrated an EVM prototype in Bengaluru, BEL, along with ECIL, was selected to manufacture the machines. In 1990, the central government established an Electoral Reforms Committee under Dinesh Goswami, with representatives from various national and state parties which recommended the evaluation of EVMs by a team of technical experts. The expert committee unanimously endorsed the immediate adoption of EVMs, citing their technical reliability, security, and transparency. Consequently, EVMs were deployed in all 543 constituencies during the 2004 Lok Sabha elections.

The accusations started when in 2010, Hari Prasad (42), technical coordinator of VeTA (Citizens for Verifiability, Transparency and Accountability in Elections), was arrested from Hyderabad on Saturday for allegedly stealing an EVM from the Mumbai Collector's office. He later used the EVM for demonstrating on TV how the machine can be tampered with. Investigators examining the EVM theft case have discovered that three individuals from foreign countries had offered technical assistance to Hari Prasad, the accused, in tampering with the machine. There are suspicions that the machine could have been illicitly smuggled out of the country. The involvement of foreigners in incidents related to Electronic Voting Machines (EVMs) in India does raise concerns about potential foreign interference in the country's electoral processes.

This was the time when the Congress Government was in power, at the center, and the opposition, comprising parties such as the Trinamool Congress, Telugu Desam Party among others, raised concerns regarding the integrity of the Electronic Voting Machines (EVMs). Trinamool Congress chief whip in Lok Sabha Sudip Bandopadhyaya said EVMs made the voting pattern quicker but at the same time these should be above any doubts. Chandrababu Naidu said Prasad had only used the machine to prove that it was tamper able. He went on claiming innocence and that said he did not steal the EVM, which was given to him by two people, who took it back within two days.

Today, despite a change in the ruling party, the situation regarding concerns over the Electronic Voting Machines (EVMs) persists unchanged. The opposition has now come together to attack the BJP of tampering the EVMs and winning elections. The AITMC leader Mamata Bannerjee, asserted that she has been informed about the BJP's alleged attempts to manipulate the Electronic Voting Machines (EVMs). Banerjee declared, "They are already devising strategies to secure victory in the upcoming Lok Sabha polls by attempting to tamper with the EVMs. We have received credible intelligence regarding these activities and have already uncovered corroborating evidence.” However, point to be noted was that she remained silent when her own party brushed through the 2021 assembly polls. Further, technocrat-turned-politician Sam Pitroda, claimed that something was wrong in the EVMs but he had not been able to pinpoint it because he did not have an EVM. He further claimed that if someone gave him an EVM to study for a year, then he could say something.

Indeed, allegations of this nature can be perceived as baseless, especially when they lack substantial evidence or rely on speculative theories. Claims suggesting that EVMs can be manipulated using cellphones or Bluetooth devices, or that they are not secure in the hands of the Election Commission of India (ECI) because they can be stolen, seem to lack credibility without concrete evidence to support them.

Meanwhile the ECI has continuously tried to upheld the credibility of EVMs. The Election Commission of India extended invitations to nominees of National and State Recognized political parties, who contested the 2017 General Assembly Elections in Punjab, Goa, Manipur, Uttarakhand, and Uttar Pradesh, held in February-March 2017. These parties claimed that the Electronic Voting Machines (EVMs) used in these elections, under the ownership of the Election Commission of India, were tampered with or could be tampered with even under the technical and administrative safeguards of the ECI. However, none of the parties showed up to demonstrate the alleged tampering. Only the NCP and CPI (M) initially expressed interest but backed out at the last minute. Former Chief Election Commissioner S Y Quraishi defended the reliability of EVMs, citing election results in Karnataka, West Bengal, Himachal Pradesh, and Punjab, where the BJP lost, as evidence of the EVMs' dependability.

Responding to public demands, the ECI introduced the Voter Verifiable Paper Audit Trail (VVPAT) for enhanced transparency. Despite demands for an independent audit of the source codes of EVMs through a Public Interest Litigation (PIL), the Supreme Court declined to entertain the petition. The bench, consisting of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, stated that the issue involved sensitive policy matters and therefore, the court refrained from interference. Additionally, the Supreme Court dismissed two writ petitions: one regarding apprehensions over 19 lakhs missing EVMs and another advocating for the use of ballot paper in elections, reaffirming its trust in EVMs and dismissing the allegations as baseless.

Despite the lack of evidence supporting these allegations, a more pressing concern emerges: Who bears the responsibility for rebuilding the eroded trust of citizens in the democratic system once such accusations are levied? The defeated party will go on blaming the EVMs and demand a return to the ballot paper once they loose the elections until they set the agenda for the upcoming elections. By blaming the EVMs they are not merely blaming the government but putting a direct question mark on the independence, efficiency and accountability of the democratic institutions like the Election Commission of India. The political leaders and parties have a responsibility to refrain from making unsubstantiated claims that undermine the integrity of the electoral system. They should prioritize constructive engagement and adherence to democratic norms, rather than resorting to scapegoating or spreading mistrust for political gain. In a representative democracy like India, where citizens elect representatives to make decisions on their behalf, the credibility of the electoral process is paramount. When doubts are cast on the integrity of elections due to allegations of EVM tampering, it can erode faith in the entire democratic system. The lack of trust in the electoral process weakens the social contract between the citizens and the Government leading to political and social unstability. Thus the political parties should act with responsibility because maintaining a balance between engaging in political competition and upholding democratic principles is essential for the health of any democratic society.

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