EVM-VVPAT case | Cannot disclose ‘source code’ of EVMs, will result in misuse: Supreme Court

EVM-VVPAT case: The Supreme Court underscored that it cannot ask ECI to disclose the source codes of the Electronic Voting Machines (EVMs) as it can result in its misuse.

The Supreme Court on Wednesday underscored that it cannot ask the Election Commission of India (ECI) to disclose the source codes of the Electronic Voting Machines (EVMs) as it can result in its misuse. The source code often called “the brain” refers to a set of instructions that tells the machine how to function. 

A Bench comprising Justices Sanjiv Khanna and Dipankar Datta made the observation while hearing a batch of petitions seeking 100% cross-verification of the vote count in EVMs with Voter Verifiable Paper Audit Trail (VVPAT) paper slips. 

Also read: What is the EVM-VVPAT verification issue before the Supreme Court? | Explained

During the proceedings, senior advocate Santhosh Paul appearing for one of the petitioners made a plea for disclosure of such source codes. However, Justice Khanna turned down the request saying that “it should not be disclosed” as “it will be misused”. The development comes even as the Lok Sabha elections are headed for the second phase of polling on April 26. 

Nearly a week after the case was reserved for judgment, the Court returned with a series of queries for the apex polling body including whether the microcontrollers used in the EVMs were reprogrammable. After seeking the required clarifications, the Court again reserved its order while assuring that it would look into the possible reforms needed to strengthen the current polling system. 

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In September last year, the Supreme Court reiterated its stand by dismissing a Public Interest Litigation (PIL) petition seeking an independent audit of the source codes of the EVMs. A bench presided by the Chief Justice of India (CJI) D.Y.Chandrachud orally remarked that placing such sensitive details in the public domain would be a security risk.