Case Summary: Association For Democratic Reforms vs. Election Commission of India & Anr.
(2024) 04 SC CK 0066
In The Supreme Court Of India
Case No : Writ Petition (Civil) No. 434 Of 2023, 184 Of 2024
Appellant: Association For Democratic Reforms
Respondents: Election Commission of India & Anr.
Date of Decision : 26-04-2024
Hon'ble Judges : Sanjiv Khanna, J ; Dipankar Datta, J
Bench : Division Bench
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/t/2369797-association-for-democratic-reforms-vs?s=&refine_search=&s_acts=
Citations:
(2024) 04 SC CK 0066
Facts of the Case:
The petitioner, Association for Democratic Reforms, sought directions regarding the use of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems. Concerns were raised about transparency, suspicion of manipulation, and voters’ right to verify that their votes are accurately recorded and counted. Petitioners requested either a return to paper ballots, 100% VVPAT verification, or that slips be deposited in ballot boxes for counting. The Election Commission of India defended EVMs as effective, secure, and essential for free and fair elections.
Law Points Raised:
1. Whether use of EVMs without full paper verification violates Articles 19(1)(a) and 21.
2. Scope of voters’ right to know and verify under Article 19(1)(a).
3. Validity of Rule 49MA of the Conduct of Election Rules, 1961.
4. Whether 100% VVPAT slip verification is mandatory to ensure free and fair elections.
5. Judicial limits in interfering with policy decisions of the Election Commission under Article 324.
Acts / Provisions / Articles Referred:
• Constitution of India, 1950 — Articles 12, 19(1)(a), 19(2), 32, 226, 324
• Conduct of Election Rules, 1961 — Rules 49L, 49MA, 49M(3), 49M(6), 49M(7), 49O, 49P, 49S, 56D
• Indian Penal Code, 1860 — Section 177
• Code of Civil Procedure, 1908 — Section 11
• Representation of the People Act, 1951 — Section 80
Judgments Referred:
• Subramanian Swamy v. Election Commission of India (2013) 10 SCC 500 (VVPAT indispensable)
• N. Chandrababu Naidu v. Union of India (2019) 15 SCC 377 (increase in VVPAT verification)
• A.C. Jose v. Sivan Pillai (1984) 2 SCC 656 (legislative approval for EVMs)
• Kamal Nath v. Election Commission of India (2019) 2 SCC 260 (impartiality of ECI)
• Other writ petitions challenging EVMs dismissed (2017–2023)
Obiter Dicta:
The Court acknowledged the importance of public confidence in elections but reiterated that policy and technical decisions on voting systems fall primarily within the ECI’s constitutional mandate. Judicial intervention is limited unless violations of fundamental rights are clearly demonstrated.
Ratio Decidendi:
The Court held that the existing system of EVMs with VVPATs satisfies constitutional requirements of free and fair elections. Absolute verification (100% VVPAT counting) is not mandated. Rule 49MA was not struck down. The judiciary must defer to the Election Commission on technical and administrative choices.
Final Ruling:
The writ petitions were dismissed. The Supreme Court upheld the use of EVMs with VVPAT verification as sufficient for transparency and integrity of elections. No direction was issued for return to paper ballots or 100% VVPAT counting.
Relevant Paragraph Numbers:
Paras 2–4 (petitioners’ demands), Paras 5–7 (history of EVMs), Para 8 (Subramanian Swamy precedent), Para 9 (Chandrababu Naidu precedent), Paras 13–15 (recent dismissals), Para 16 (final conclusion).
Summary:
This judgment reaffirmed the constitutional validity of EVMs with VVPATs in India’s electoral process. The Court rejected demands for paper ballots or 100% VVPAT verification, emphasizing that the ECI’s authority under Article 324 must be respected. Transparency measures like VVPAT are sufficient, balancing voter confidence with logistical feasibility.