New Delhi: Supreme Court Upholds Non-Disclosure of EVM Source Codes, Citing Potential Misuse

NEW DELHI: Supreme Court reaffirmed position on non-disclosure of Electronic Voting Machine (EVM) source codes. Potential misuse of sensitive information was cited as a concern. Justices Sanjiv Khanna and Dipankar Datta were on the bench hearing this matter. The court reiterated stance on safeguarding electoral processes integrity.

Senior Advocate Santhosh Paul was present in the hearing. He represented one of the petitioners and brought up EVM source code disclosure. Justice Khanna quickly dismissed the plea. Emphasis was placed on the potential misuse of such critical information. "Source code should never be disclosed... it will become a problem... people will then try and misuse," he remarked.

This is not the first time such a legal matter has come up. Prior litigation had sought independent audits of EVM source codes. Public interest litigation was initiated earlier. It called for independent scrutiny of EVM source codes. It also advocated the public release of audit reports. Still, in November 2023, Supreme Court led by Chief Justice DY Chandrachud dismissed the petition.

Court dismissal highlighted delicate nature of electoral integrity matters. Also emphasized the complexities of dealing with issues tied to Election Commission supervision. The bench spoke out. The bench said, "In the end, the way in which source code should be audited is critical. How the audit should be managed also matters. These things affect the sensitive items concerning electoral integrity. Elections occur under supervision of the Election Commission. On a policy matter of this kind, we do not want to issue direction as requested by the petitioner."

Supreme Court decision emphasizes importance of protecting electoral process integrity. It also balances concerns about transparency and public trust. The concealed EVM source codes continue to be contentious. Advocates for transparency continue to push for enhanced scrutiny. They also call for oversight in election procedures. Nevertheless, the court’s posture underscores complexity. There are complexities in addressing such matters in framework of election governance.

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