Cannot dictate functioning of Election Commission: Supreme Court in VVPAT case

In a significant development, the Supreme Court on Wednesday reiterated its stance as an independent judicial entity separate from the oversight of election processes, emphasizing that it cannot dictate the functioning of the Election Commission of India (ECI), a constitutional authority. It was hearing a case related to the VVPAT.

The remarks were made during a hearing on petitions urging thorough cross-verification of votes cast on Electronic Voting Machines (EVMs) with paper slips generated through the Voter Verified Paper Audit Trail (VVPAT) system. The court has reserved judgment on the matter.

The bench, comprising Justice Sanjiv Khanna and Justice Dipankar Datta, emphasized that it cannot act solely on suspicion without substantial evidence.

Responding to concerns raised by Advocate Prashant Bhushan, representing the petitioner Association for Democratic Reforms, the court asserted, “If you are predisposed about a thought-process, then we cannot help you… we are not here to change your thought process.”

The hearing reflects the ongoing debate surrounding the integrity and transparency of India’s electoral process, particularly in the context of EVMs and VVPATs.

While petitioners advocate for enhanced scrutiny and verification mechanisms to ensure the accuracy of election results, the court’s cautious approach underscores the need for concrete evidence and adherence to established legal principles.