EVM Source Code Can Never Be Disclosed, Will Result In Misuse: Supreme Court

While hearing the pleas seeking 100% tally of Electronic Voting Machines (EVM) data with VVPAT records, the Supreme Court today reiterated that EVM source codes ought not to be disclosed, as the same can be misused.

The matter was listed before the bench of Justices Sanjiv Khanna and Dipankar Datta today for directions. When it was called out, Justice Khanna explained that he and Datta J had certain factual queries. An Election Commission official was asked to appear before the court at 2 PM to give suitable clarification.

During the hearing, Senior Advocate Santhosh Paul (appearing for one of the petitioners), made a mention of the issue of EVM source codes disclosure. However, Justice Khanna shot down the same, saying: "Source code should never be disclosed...it will become a problem...people will then try and misuse".

It may be recalled that a public interest litigation had earlier been initiated before the top Court seeking independent audit of EVM source codes. However, the same was not entertained. In the said round of litigation, the petitioner's contention was that EVM source code, which is like the brain of the EVMs, must be independently audited and report of the audit should be placed in the public domain.

The PIL was dismissed by a CJI DY Chandrachud-led Bench in November 2023, with the following observation:

"Ultimately, the manner in which the source code should be audited and the way the audit should be dealt with bears on sensitive issues pertaining to the integrity of the elections which are conducted under the superintendence of the Election Commission. On such a policy issue, we are not inclined to issue a direction as sought by the petitioner."

For the backdrop and detailed account of today's hearing (first session), click here.

Case Title: Association of Democratic Reforms v. Election Commission of India & Anr. | Writ Petition (Civil) No. 434 of 2023 (and connected matters)