An exemplary directive
- The People's Chronicle Editorial :: April 03, 2024 -

In a significant step towards ensuring greater transparency in the election process, the Supreme Court of India on April 1 issued notices to the Election Commission of India (ECI) and the BJP-led central government on a petition seeking inter-alia counting of all Voter Verified Paper Audit Trail (VVPAT) slips in the general elections, instead of verification of only 5 randomly selected Electronic Voting Machines (EVMs) in each assembly segment of a parliamentary constituency, which the apex court had endorsed earlier.

Even though it is said to be a ballot-less independent vote verification system connected with the EVM that allows an elector to see whether his or her vote was cast correctly, introduction of VVPAT in India since the 2014 Lok Sabha elections has always been a cause of concern with many political parties, individuals and organisations raising question on the credibility of EVM and VVPAT auditing.

And, this is not the first time that the Supreme Court has issued notices to the ECI on petitions filed in this regard. But while accepting every counter affidavit filed by the Election Commission, the apex court had always dismissed the petitions either by stating categorically, "we are not inclined to entertain the writ petition" as in the case of WP (Civil) no 1332/2019, the order of which was given on 22.11.2018 or by asserting "we are certain that the System ensures accurate electoral results" and that "verification of VVPAT slips of 5 polling stations per assembly constituency or assembly segment in Parliamentary Constituency would lead to greater satisfaction" as in another order passed on 08.04.2019.

In its judgement passed on 07.05.2019 in connection with a review petition filed against the said order, the apex court had in fact rebuked the petitioner for making a "mockery of democracy" by moving the court despite a clear ruling directing counting of the VVPAT slips of five polling stations per assembly segment.

From rebuking the petitioner to accepting petitions seeking 100% counting of VVPAT slips, what has led the Supreme Court of India to review its own earlier judgement?

This is a question every conscientious citizen of the country today needs to ask and tries to find a satisfactory answer for better understanding of the political churning that is taking place in the so-called largest democracy in the world, where the lives of innocent people are being allowed to be sacrificed at the altar of politics (Take the case of Manipur, for the sake of clarity).

In a democracy, keeping the sanctity of Constitutional institutions intact is essential. Without this, the constitutional rights and values guaranteed to the citizens cannot be safeguarded.

But undue interference in the functioning of these all-important institutions by political parties in power regardless of their colour and flag in India is something given, never mind the denials that are in galore.

Given the importance of ECI as one of the Constitutional institutions responsible for conducting elections to not only the state assemblies and parliament but also to the offices of President and Vice President of India, there is always a strong public perception that if the members of the Commission were appointed by a particular government, then they will be soft towards it, and this has not been without reason.

There have been many instances in the past when the Commission turned a blind eye to the breach of Model Code of Conduct particularly by political party/parties in power during elections that it had earned the moniker of "a toothless tiger."

Back in November, 2022, the Supreme Court had even observed that a Chief Election Commissioner (CEC) should be someone "with character" who "does not allow himself to be bulldozed", and a person like former CEC, the late TN Seshan "happens once in a while".

Anyway, coming close on the heels of its last February 15 verdict of striking down the electoral bonds scheme as 'unconstitutional', 'arbitrary and violative of Article 14', the "exemplary" directive of the apex court of the country, asking the ECI and the ruling BJP-led government at the centre to respond within May 17 on yet another issue that has been troubling the mind of voters has once again reaffirmed the faith of the people in the judiciary.