"Any Effort To Weaken India's Progress Has To Be Nipped In Bud": What Justice Dipankar Datta Said In VVPAT Order
The Supreme Court today dismissed petitions seeking 100% verification of votes cast on Electronic Voting Machines (EVMs) via paper slips generated through the VVPAT method. The two-judge bench of Justice Sanjiv Khanna and Justice Dipankar Datta delivered concurrent but separate judgments.
The top court issued two directives to the Election Commission. It mandated sealing and securing the symbol loading unit of EVMs after symbol insertion, with the seal endorsed by candidates and their representatives. These sealed units, along with the EVMs, must be stored for a minimum of 45 days post-result declaration.
Several petitions sought the Court to mandate cross-verification of each vote cast on EVMs with VVPAT-generated paper slips, a procedure currently conducted for five randomly selected EVMs per Assembly constituency.
In response to concerns raised by Advocate Prashant Bhushan representing the petitioner Association for Democratic Reforms (ADR), the Court, in the previous hearing, stated, “If you are predisposed about a thought-process, then we cannot help you… we are not here to change your thought process.”
Justice Dipankar Datta, however, voiced apprehension regarding “concerted efforts to discredit, diminish, and weaken India”s progress” from all fronts and emphasised the need to thwart any such efforts.
Here’s what Justice Datta said in his separate order:
“It is of immediate relevance to note that in recent years, a trend has been fast developing of certain vested interest groups endeavouring to undermine the achievements and accomplishments of the nation, earned through the hard work and dedication of its sincere workforce.”
“There seems to be a concerted effort to discredit, diminish, and weaken the progress of this great nation on every possible frontier. Any such effort, or rather attempt, has to be nipped in the bud.”
“I have no hesitation to accept the submission of senior counsel for the ECI (Election Commission of India) that reverting to the “paper ballot system” of the bygone era, as suggested, reveals the real intention of the petitioning association to discredit the system of voting through the EVMs and thereby derail the electoral process that is underway, by creating unnecessary doubts in the minds of the electorate.”
The Representation of the People Act, 1951 which, to my mind, amidst the vast legislative landscape of the nation is the most important enactment after the Constitution of India, is also the most effective instrument to uphold democratic and republican ideals, which are the hallmarks of our preambular promise.”
“Going forward, unless substantial evidence is presented against the EVMs, the current system will have to persist with enhancements. Blindly distrusting any aspect of the system can breed unwarranted scepticism and impede progress.”
“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.”
“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.”
“I have serious doubt as regards the bona fides of the petitioning association when it seeks a reversion to the old order. Irrespective of the fact that in the past efforts of the petitioning association in bringing about electoral reforms have borne fruit, the suggestion put forth appeared inexplicable.”
“Periodical challenges to electoral processes, which gain momentum particularly when general elections are imminent, require the EC as of necessity to raise robust, valid and effective defence to spurn such challenges failing which any adverse judgment by a court is bound to undermine the authority and prestige of the poll panel and bring disrepute to it.”
“While rational scepticism of the status quo is desirable in a healthy democracy, this court cannot allow the entire process of the underway General elections to be called into question and upended on mere apprehension and speculation of the petitioners.”
“EVMs have stood the test of time and the increased voting percentage is sufficient reason for us to hold that the voters have reposed faith in the current system and that the report to the contrary, which has been relied on, merits outright rejection.”
“There can be no doubt that the electorate has a right to be informed if the votes, as cast, are accurately recorded. The dispute, in the present writ proceedings, centres around the modality of delivering the information.”
