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EVM Allegations: Deflecting Accountability In Indian Politics – Analysis

India, the world's largest democracy, faces the monumental task of conducting elections for a staggering electorate of over 1 billion voters. To put this into perspective, India’s voter base is almost four times larger than that of the United States, the second-largest democracy. While the United States often requires weeks to tally its votes, India achieves this feat within 6-8 hours—a remarkable accomplishment made possible by the adoption of Electronic Voting Machines (EVMs). The 2024 General Elections of India marked a significant milestone for the machine, which has now been used in five parliamentary elections since 2004. The journey of the EVM has been transformative, with its usage significantly enhancing electoral efficiency while simultaneously sparking debates about its reliability and potential for manipulation. The Genesis of EVMs The concept of the EVM was first envisioned in 1977. A prototype was developed in 1979 by the Electronics Corporation of India Ltd. (ECIL), Hyderabad—a public sector enterprise under the Department of Atomic Energy. The journey from conception to implementation required building consensus among stakeholders and ensuring the machine’s technical soundness. The first pilot use of EVMs occurred on May 19, 1982, in 50 polling stations during the election for the Parur Assembly constituency in Kerala. However, their use without explicit legal backing led to a challenge in the Supreme Court. While the court refrained from passing judgment on the efficacy of EVMs, it declared the use of these machines at that time as beyond the jurisdiction of the Election Commission (EC). Consequently, the election results in polling stations where EVMs were used were nullified. Legal Empowerment and Expanded Usage: To address the legal lacuna, the Representation of the People Act, 1951, was amended in 1988, introducing Section 61A, which explicitly empowered the Election Commission to use EVMs. This amendment, which came into effect in March 1989, laid the legal foundation for their broader adoption. Subsequently, Bharat Electronics Ltd. (BEL), Bengaluru, another public sector undertaking under the Ministry of Defence, developed an EVM prototype. Along with ECIL, BEL was tasked with manufacturing these machines. An expert committee convened by the central government in 1990 deemed the EVMs technically robust, secure, and transparent, paving the way for their formal integration into the electoral process. Scaling Up: From Pilot Projects to Nationwide Adoption: EVMs were first deployed on a significant scale during the 1998 assembly elections in 16 constituencies across Madhya Pradesh, Rajasthan, and Delhi. Their success prompted further adoption in the 1999 parliamentary elections across 46 constituencies and in 45 assembly constituencies during the 2000 Haryana elections. By 2004, EVMs were used in all 543 Lok Sabha constituencies—a milestone that revolutionized the voting process in India. To enhance security and transparency, EVMs underwent several upgrades. In 2001, new technological advancements were incorporated, and further improvements were made in 2006 to ensure robustness against tampering and to address evolving electoral needs. The Introduction of VVPAT: One of the most significant advancements in EVM technology came in 2013, with the integration of the Voter Verifiable Paper Audit Trail (VVPAT) system. This innovation aimed to address concerns about transparency and trust by allowing voters to verify their choices through a printed paper slip. The Conduct of Election Rules, 1961, were amended to accommodate the use of VVPATs, which debuted in the Noksen Assembly by-election in Nagaland. Today, the combination of EVMs and VVPATs ensures both speed and accountability in vote counting. A Transformative Journey: EVMs have undoubtedly transformed the electoral landscape of India. By drastically reducing the time required for vote counting, they have enabled quicker results and minimized opportunities for malpractices like ballot stuffing and rigging. The machines have also contributed to significant cost savings in the electoral process, eliminating the need for printing millions of ballot papers. However, their journey has not been without challenges. Several political parties and civil society organizations have raised questions about the machines' security and reliability. Allegations of tampering and malfunctioning, though rare and largely unsubstantiated, have sparked debates, leading to calls for further reforms and enhancements in the technology.  EVM Credibility Concerns: A Face Saver for many failures Over the past 15 years, Electronic Voting Machines (EVMs) in India have faced persistent scrutiny and controversy, with concerns raised by various political leaders and parties. The debate, which has evolved significantly over time, has had profound implications for India's electoral processes and democratic ethos. The Genesis of Concerns: L.K. Advani's Advocacy for VVPAT The first prominent voice questioning the credibility of EVMs came from L.K. Advani, a senior BJP leader, following the party's defeat in the 2009 Lok Sabha elections. Advani expressed concerns not about reverting to paper ballots but about ensuring EVM reliability. He strongly advocated for introducing Voter Verifiable Paper Audit Trail (VVPAT) systems to enhance transparency and address public skepticism. His advocacy significantly influenced the electoral reforms that followed. In the same year, Mukhtar Abbas Naqvi, then BJP’s election in-charge for assembly polls in Maharashtra, Haryana, and Arunachal Pradesh, alleged that EVM manipulation had contributed to the Congress party's victories. However, Naqvi later backtracked, suggesting other factors could explain the defeats. This marked an early instance of EVM allegations becoming part of electoral rhetoric. Congress' EVM Allegations Post-2014 The Congress party first raised substantial concerns about EVM credibility following its resounding defeat in the 2014 general elections, which saw the BJP secure a sweeping victory. Prominent leaders such as Kapil Sibal, Ghulam Nabi Azad, and Digvijaya Singh questioned the reliability of the machines, alleging potential tampering to favor the BJP. These concerns resurfaced after BJP's unprecedented victory in Uttar Pradesh and other state elections, with Congress joining other opposition parties to demand mandatory VVPAT integration for greater transparency. The Controversial London Demonstration On January 21, 2019, a controversial demonstration against EVMs took place in London, unofficially associated with Congress. Organized by the Indian Journalists’ Association (Europe) in collaboration with the Hackers’ Conference, the event featured Syed Shuja, a U.S.-based self-proclaimed cybersecurity expert. Shuja claimed to have worked on EVM development in India and alleged widespread tampering in past elections. Senior Congress leader Kapil Sibal's attendance at the event drew significant political attention. The Election Commission of India (ECI) dismissed Shuja's allegations as baseless, citing a lack of credible evidence. The event triggered an investigation into potential political motivations, with Congress officially distancing itself from the claims. Persistent Opposition The Congress has consistently raised EVM-related concerns after subsequent electoral defeats, including in Haryana, Maharashtra, and the 2019 general elections. Congress leader Jairam Ramesh recently wrote to the Chief Election Commissioner in January 2024, representing the INDIA alliance’s apprehensions about the lack of action on EVM-related grievances. In October 2024, spokesperson Pawan Khera alleged irregularities during Haryana polls, citing unexplained anomalies in EVM battery charges during vote counting. These allegations added fuel to the ongoing demand for enhanced electoral transparency. The Congress has also pursued legal avenues, filing petitions in the Supreme Court challenging EVM usage. However, these petitions have been dismissed due to insufficient evidence. Globally, comparisons with electoral practices in other democracies have added depth to the debate, highlighting the need for audit mechanisms to bolster confidence in electronic voting systems. Adding a global twist, a recent social media post by Tesla CEO Elon Musk questioned the reliability of EVMs, reigniting domestic debates. This statement aligned with the demands of Congress and allied parties, who have consistently called for reforms or a return to paper ballots in the absence of robust EVM safeguards. In November 2024, Congress MP Shashi Tharoor broke from his party's stance on EVMs after their poor showing in the Maharashtra Assembly elections. In a post on X, he defended EVM reliability, stating they are a significant improvement over paper ballots. However, he acknowledged concerns about potential manipulation within the electoral system, calling it a critical issue from the elections. The Recrudescence of EVM Ghost Following the Bharatiya Janata Party-led Mahayuti coalition’s sweeping victory in the Maharashtra Assembly elections, securing 235 out of 288 seats, allegations of EVM tampering resurfaced among Opposition leaders. A widely circulated video purportedly shows a man claiming over a video call that he can hack EVMs, sparking further controversy. A Facebook post accompanying the video alleged that the man revealed details about the methods and costs of EVM hacking linked to the Maharashtra election results. The Election Commission of India (ECI) dismissed these claims as baseless, filing an FIR against Syed Shuja, who had previously made similar allegations. The ECI reiterated that EVMs are tamper-proof, with the Electronics Corporation of India Ltd. (ECIL) refuting Shuja’s assertion of involvement in EVM development. The ECI emphasized that EVMs are standalone machines not connected to the internet or any network, rendering hacking claims implausible. The Election Commission of India (ECI) invited all political parties to hack the Electronic Voting Machines (EVMs) in June 2017 through an event called the "EVM Challenge." The ECI set June 3, 2017, as the date for this event, providing an opportunity for parties to demonstrate their claims that EVMs could be tampered with. Despite widespread allegations about EVM tampering, the challenge saw no significant takers among political parties. The event highlighted the ECI's confidence in the tamper-proof design of EVMs and its willingness to address concerns through transparency. As of August 31, 2024, the poll panel confirmed no discrepancies between EVM and VVPAT data in the verified constituencies. Of the eight constituencies where post-election applications sought result validation, four were checked, and all proved accurate. Similarly, in the Maharashtra elections, 1,440 VVPAT machines across 288 constituencies were cross-verified on the counting day, November 23, and no mismatches were reported. The state's Chief Election Officer reiterated that the results were consistent and reliable. Judicial Endorsement of EVMs In April 2024, the Supreme Court dismissed pleas for 100% cross-verification of EVM votes with VVPAT slips, affirming confidence in the existing system. Despite persistent opposition demands for complete VVPAT verification, the consistent accuracy in matched data has bolstered the ECI's defense of EVM integrity. On November 26, 2024, the Supreme Court dismissed a Public Interest Litigation (PIL) seeking a return to the paper ballot system, underscoring that allegations against Electronic Voting Machines (EVMs) often emerge based on electoral outcomes rather than evidence. The court reiterated its confidence in the stringent checks and balances embedded within the EVM and Voter Verifiable Paper Audit Trail (VVPAT) system, which not only ensures vote accuracy but also empowers voters to verify that their choices are duly recorded. Describing this system as significantly more reliable than the erstwhile paper ballot mechanism, the court emphasized the need to avoid regressive measures unless supported by substantial and credible evidence. The court firmly stated that writ petitions predicated on mere suspicion of rights infringement are inadmissible unless backed by demonstrable evidence of a tangible threat. It invoked the doctrine of res judicata, asserting that issues conclusively adjudicated cannot be revisited unless new, substantive grounds are presented. On the recurring skepticism surrounding EVMs, the court stressed the necessity of a definitive resolution to avoid eroding trust in the electoral system. Moreover, the bench advocated for a balanced perspective, cautioning against unfounded distrust of the system while encouraging constructive critique guided by reason and evidence. This approach, the court noted, enables meaningful reforms while preserving the credibility of democratic institutions. Expressing optimism, it concluded by affirming faith in the electoral process to genuinely reflect the electorate's mandate, with the robust EVM-VVPAT framework standing as a testament to the integrity of India's democracy. The Distinctive Design Indian engineers and domain experts, have reaffirmed the security and tamper-proof design of Indian Electronic Voting Machines (EVMs). Highlighting the advanced M3 model, which served millions of voters in the recent Lok Sabha elections, they emphasized its robust security features. The M3 EVM as a standalone device akin to a simple calculator, incapable of being hacked. Introduced in 2019, the M3 model incorporates automated functions that revert the machine to factory settings if tampering is detected. Crucially, these devices are entirely disconnected from the internet or any external network, enhancing their resilience against intrusion. Experts have also drawn distinctions between Indian EVMs and their global counterparts. Unlike international models, which may interface with external systems, Indian EVMs operate as self-contained electronic units. This "electronic island" design ensures unparalleled security by eliminating any connectivity to other devices or networks. Indian EVMs undergo stringent checks to uphold their integrity. These include independent third-party software audits and mock polling exercises conducted under the scrutiny of candidates’ representatives. The machines are sealed using specialized security paper from the Nashik security printing press—the same material used for Indian currency notes. Additionally, EVMs are stored in highly secure locations under strict surveillance, with provisions for continuous monitoring by candidates or their designated representatives, ensuring transparency and trustworthiness throughout the electoral process. It is often seen that the political parties blame the EVMs only when they loose the elections. Recently Congress has lost the elections in Haryana and their alliance won in Jammu and Kashmir. They blamed the EVM in Haryana but accepted them true in Jammu and Kashmir. Even last month they rejected the Maharashtra results where they lost but they easily accepted the Jharkhand Assembly Elections Results and Wayanad Parliamentary bye elections results, where they won.  The Supreme Court, in its recent judgment, astutely observed that political parties often criticize Electronic Voting Machines (EVMs) only when faced with electoral defeat, while readily endorsing them when victorious. EVMs, in such instances, become a convenient scapegoat, allowing parties to deflect attention from their policy failures, ineffective outreach to the electorate, and inability to address pertinent issues. By casting aspersions on EVMs, these parties seek to convey an illusion of moral victory, asserting that they were wronged rather than acknowledging defeat. Critics often cite examples of nations reverting to paper ballots as justification for their skepticism. However, such comparisons disregard the distinct challenges of India's electoral landscape, which encompasses an electorate of nearly one billion. Reverting to paper ballots would not only escalate the costs of elections but also render the process cumbersome and vulnerable to manipulation. Historical experiences have demonstrated how easily elections conducted through paper ballots can be compromised. A recent example from the Punjab Panchayat elections showcased the chaotic nature of ballot paper counting, with instances of ballot tampering vividly captured on video. The integration of Voter Verified Paper Audit Trail (VVPAT) systems has further fortified the credibility of EVMs, ensuring an unparalleled level of transparency and accuracy. Rather than perpetuating unsubstantiated allegations against EVMs, political parties should adopt a pragmatic approach, critically evaluating their policies, leadership, and engagement strategies. The electorate’s rejection often stems from dissatisfaction with leadership or agenda, yet parties, instead of initiating reforms or addressing internal shortcomings, resort to blaming the EVMs to maintain their internal hegemony. The Election Commission of India, a globally respected institution, has upheld the integrity of India’s democratic process through the adoption of EVMs. These machines have transformed the electoral system into a model admired worldwide, reinforcing the credibility of Indian democracy. It is imperative for political entities to introspect and adapt, focusing on genuine reforms rather than discrediting the tools that have strengthened electoral integrity. About the authors: Prof. Jagmeet Bawa, Central University of Himachal Pradesh, Dharmshala. Dr. Sandeep Singh, Central University of Punjab, Bathinda. Dr. Balinder Singh, Former Research Scholar, Central University of Himachal Pradesh, Dharmshala.