EVM Vote Secrecy: Supreme Court Asks Centre to Examine Totaliser Machines

New Delhi: The Supreme Court has asked the Centre to examine the feasibility of introducing totaliser machines for counting votes recorded through Electronic Voting Machines (EVMs), with the aim of strengthening voter secrecy and preventing the identification of voting patterns at individual polling booths.

A three-judge bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, was hearing pleas seeking the introduction of totalisers in the EVM vote-counting process. The court asked the Centre to examine the possible impediments and any negative consequences associated with the mechanism.

What Is a Totaliser Machine?

A totaliser is designed to combine votes recorded in multiple EVMs before the results are disclosed. Instead of revealing the result of each polling station separately, it produces an aggregated result.

The mechanism is intended to make it difficult for candidates or political parties to determine how a particular polling booth voted. This, in turn, could help protect voters from possible intimidation, victimisation or other adverse consequences based on their locality's voting pattern.

The Election Commission of India has previously considered a prototype capable of accommodating up to 14 Control Units (CUs) at a time and aggregating their results without revealing the candidate-wise count of individual EVMs. The ECI currently says totalisers are not in use and that technical, statutory and administrative issues remain under examination.

Supreme Court Focuses on Voter Secrecy

During the hearing, the court emphasised the importance of maintaining secrecy in elections. The petitioners argued that booth-wise disclosure of voting patterns could potentially expose voters to intimidation or victimisation after an election.

The petitioners have proposed aggregating votes from multiple EVMs so that the voting preference of a particular polling station cannot easily be established.

The Supreme Court sought to know what obstacles could prevent the introduction of such a system and whether its implementation could have any adverse impact on the existing election process.

Election Commission Flags Practical Challenges

The Election Commission of India (ECI) supported the objective of anonymising voter choices but pointed to several practical and legal challenges.

One major concern relates to Form 17C, which records the votes polled at individual polling stations. Candidates and their polling agents currently receive copies of the form, allowing them to cross-check the figures during counting.

The ECI has indicated that aggregating votes through totalisers could make such booth-wise verification more difficult. The Commission also raised questions about reconciling totalised EVM results with Voter Verifiable Paper Audit Trail (VVPAT) records.

Rule 59A Also Under Consideration

The court also examined Rule 59A of the Conduct of Elections Rules, 1961, which provides for aggregated counting in certain circumstances where there is a risk that voters could be identified and subjected to intimidation or victimisation.

Justice Joymalya Bagchi questioned whether the principle behind the existing provision could also be applied to EVM counting.

The Centre has been asked to examine whether the existing election rules could be amended to facilitate the use of totalisers. The court also directed consideration of the Law Commission's 255th Report, which had dealt with totalisation of votes.

Totaliser Proposal Has a Long History

The proposal to introduce totalisers is not new. The Election Commission has previously recommended the system, including proposals sent to the government in 2008 and 2014 seeking changes to the Conduct of Elections Rules.

The mechanism has remained under consideration amid concerns over verification, statutory requirements and political consensus.

The ECI's earlier position was that totalisation could help preserve the secrecy of voting patterns, while various stakeholders have raised questions over how the system would affect transparency and result verification.

Centre Asked to Take a Closer Look

The Supreme Court has now placed the issue before the Centre for examination. The government will need to consider the legal framework, implementation challenges, verification mechanisms and possible implications for the existing vote-counting process.

The court's intervention does not itself introduce totaliser machines into elections. Instead, it asks the Centre to examine whether the mechanism can be implemented and what changes may be necessary.

The issue could have wider implications for India's electoral system, particularly the balance between transparency in vote counting and secrecy of voting patterns.

If implemented, totalisers could prevent political parties and candidates from easily identifying which individual polling stations supported or opposed them, while retaining an aggregated result for the relevant electoral area.

What Happens Next

The Centre is expected to examine the proposal and provide its position before the Supreme Court. The government will also have to consider the provisions of the Conduct of Elections Rules, Rule 59A and the Law Commission's recommendations.

The debate over totaliser machines is therefore likely to continue, with voter privacy, electoral transparency and the ability to independently verify results remaining central to the discussion.