‘Democracy relies on trust and harmony’

Justice Dipankar Datta of the Supreme Court, who was a part of the bench that dismissed pleas seeking complete cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT), on Friday stated that democracy revolves around fostering harmony and trust among all its pillars through open dialogue, transparent processes, and continuous improvement of the system through active participation in democratic practices.

Justice Datta, cautioned against measures such as reverting to paper ballots or any alternative to EVMs that fails to adequately safeguard the interests of Indian citizens.

Expressing his views in a separate judgment while concurring with the opinion of Justice Sanjiv Khanna, who headed the bench, Justice Datta highlighted the recurring issue of doubting the efficacy of electronic voting machines (EVMs) before the top court. He stressed the importance of definitively resolving such issues now.

“Going forward, unless substantial evidence is presented against the EVMs, the current system will have to persist with enhancements,” he stated.

Justice Datta emphasized the importance of maintaining a balanced perspective when evaluating systems or institutions, noting that “blindly distrusting any aspect of the system can breed unwarranted skepticism and impede progress.”

He advocated for a critical yet constructive approach, guided by evidence and reason, to facilitate meaningful improvements and ensure the credibility and effectiveness of the system.

“Be it the citizens, the judiciary, the elected representatives, or even the electoral machinery, democracy is all about striving to build harmony and trust between all its pillars through open dialogue, transparency in processes, and continuous improvement of the system by active participation in democratic practices,” he said. Justice Datta emphasized that our approach should be guided by evidence and reason to create room for meaningful improvements.

“By nurturing a culture of trust and collaboration, we can strengthen the foundations of our democracy and ensure that the voices and choices of all citizens are valued and respected.

With each pillar fortified, our democracy stands robust and resilient,” the Apex Court Judge stated.

“I conclude with the hope and trust that the system in vogue shall not fail the electorate and the mandate of the voting public shall be truly reflected in the votes cast and counted,” he added.

The top court delivered its verdict on a batch of petitions, including one filed by the NGO Association for Democratic Reforms, which also requested a direction to revert to the paper ballot system in elections.

The pleas alleged that the polling devices could be tampered with to manipulate the results.

The NGO sought the reversal of the Election Commission’s 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass, allowing a voter to see the slip only when the light is on for seven seconds. The 7-phase Lok Sabha polls commenced on April 19 and will culminate with the announcement of results on June 4, 2024.