Electoral Systems
Why Election Commission's FAQs on EVM-VVPATs Don't Clear Cloud of Suspicion Over Electoral Process https://thewire.in/rights/why-election-commissions-faqs-on-evm-vvpats-dont-clear-cloud-of-suspicion-over-electoral-process Venkatesh Nayak
While concurring with the judgement (Association for Democratic Reforms & Ar., vs Union of India) authored by Chief Justice D Y Chandrachud on behalf of the Bench, Justice Khanna in his separate opinion says- “
“19. The right to vote is a constitutional and statutory right,… grounded in Article 19(1)(a) of the Constitution, as the casting of a vote amounts to expression of an opinion by the voter… The citizens’ right to know stems from this very right, as meaningfully exercising choice by voting requires information. Representatives elected as a result of the votes cast in their favour, enact new, and amend existing laws, and when in power, take policy decisions. Access to information which can materially shape the citizens’ choice is necessary for them to have a say in how their lives are affected. Thus, the right to know is paramount for free and fair elections and democracy.” (emphasis supplied)
Chief Justice Chandrachud records the views of the Constitution Bench about the importance of the voters’ right to know in the following words:
“77. The following principles can be deduced from the decisions of this Court in ADR (supra) and PUCL (supra):
The right to information of voters which is traced to Article 19(1)(a) is built upon the jurisprudence of both the first and the second phases in the evolution of the doctrine, identified above. The common thread of reasoning which runs through both the first and the second phases is that information which furthers democratic participation must be provided to citizens. Voters have a right to information which would enable them to cast their votes rationally and intelligently because voting is one of the foremost forms of democratic participation;…” (emphasis supplied)
The levels of transparency that the ECI has adopted are hopelessly inadequate to meet the very high standards that the Supreme Court of India has set for our right to know, as citizen-voters.
https://thewire.in/rights/election-commissions-faqs-on-evms-dont-really-address-major-design-deficiencies Madhav Deshpande Considering the accepted vulnerability of the VVPAT, it becomes necessary to provide a recourse to every voter who complains of a VVPAT slip that does not match their choice of button press; because now with a programmable part of the VVPAT, it must be admitted that Madhavnon-transparent transformation of the vote is possible even within the VVPAT. VVPAT is a misnomer because it allows only view, not verification.
Answer to Q49 says “If a DRE produces a voter verifiable paper audit trail, it is software independent”. What is the basis for this definition? No reference is cited. The principle of “software independence” was introduced by Wack and Rivest and according to its application to a voting system, “A voting system is software-independent if an (undetected) change or error in its software cannot cause an undetectable change or error in an election outcome.” “Software System” in this definition includes both program and data constants. Since undetected data constants (like a * against an image or an x,y styled response as mentioned in “5” above) may be processed by the unknown program in the VVPAT and CU to cause error in the election outcome, undetected change can cause a detectable change in the election outcome and therefore the test for software independence of the VVPAT + CU fails even on theoretical grounds.
https://www.eci.gov.in/evm-faq-new Last Updated on: 07 February 2024
What are the important legal provisions on the use of VVPATs?
Ans. : Voter Verifiable Paper Audit Trail (VVPAT) was introduced by the ECI in compliance to the pronouncement of the Supreme Court in Dr. Subramanian Swamy Vs. Election Commission of India (2013) to ensure further transparency in the system by introducing ‘paper trail’ in respect of EVMs. Accordingly, the necessary amendments were made to The Conduct of Elections Rules, 1961 as under:
Rule 49A (Design of Electronic Voting Machines)- Every electronic voting machine (hereinafter referred to as the voting machine) shall have a control unit and a balloting unit and shall be of such designs as may be approved by the Election Commission.Provided that a printer with a drop box of such design as may be approved by the Election Commission may also be attached to a voting machine for printing a paper trail of the vote, in such constituency or constituencies or parts thereof as the Election Commission may direct.
(B) Rule 49M (Maintenance of secrecy of voting by electors within the polling station and voting procedures)-(1) Every elector who has been permitted to vote under rule 49L shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down. (2) Immediately on being permitted to vote the elector shall proceed to the presiding officer [.. ] for recording of elector's vote.
(3) The elector shall thereafter forthwith¬(a) proceed to the voting compartment; (b) record his vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he intends to vote; and (c) come out of the voting compartment and leave the polling station:
Provided that where printer for paper trail is used, upon casting the vote by pressing the button under clause (b),the elector shall be able to view through the transparent window of the printer, kept along with the balloting unit inside the voting compartment, the printed paper slip showing the serial no, name and the symbol of the candidate for whom he has cast his vote before such paper slip gets cut and drops in the drop box of the printer".
Electoral Bond पर बड़ा खुलासा मोदी के होश उड़े, P. Chidambaram Exposed Modi Govt. on Electoral Bond https://youtu.be/VQJikqtyTXE?t=70 Mar 10, 2023
References in this video
‘Long live anonymous democracy’: Chidambaram’s dig at EB donations to BJP 7 Mar 2023 https://www.millenniumpost.in/big-stories/long-live-anonymous-democracy-chidambarams-dig-at-eb-donations-to-bjp-511022 Senior Congress leader P Chidambaram has alleged that the bulk of the more than Rs 12,000 crore worth electoral bonds sold so far have been donated to the BJP anonymously by corporates, asserting that corporate donation is a way of thanking the government for numerous “favours”.
https://www.millenniumpost.in/big-stories/long-live-anonymous-democracy-chidambarams-dig-at-eb-donations-to-bjp-511022
राजनीतिक फंडिंग की काली दुनिया का खुलासा:4 साल में इलेक्टोरल बॉन्ड से मिले 9,207 करोड़, ये चंदा कहां से मिला किसने दिया कुछ पता नहीं https://www.bhaskar.com/db-original/news/election-2022-vs-sbi-electoral-bonds-bjp-top-parties-donations-129402682.html
Adani was 609th among richest men in 2014, magic happens Adani reaches to number 2: Rahul Gandhi https://www.freepressjournal.in/business/adani-was-on-609-position-in-2014-now-he-is-at-2nd-position-how-is-it-possible-rahul-gandhi-in-parliament Gandhi went on to question the meteoric rise in Adani's net worth, which suffered a massive loss after the Hindenburg report. The Congress MP also alleged that GVK was pressured by agencies to give up Mumbai Airport, so that it could be handed over to the Adani Group. Gandhi alleged that rules had been tweaked for the move, and also questioned defence contracts for Adani, which doesn't have any experience in the sector.
BJP को गोपनीय रूप से इलेक्टोरल बॉन्ड के जरिए मिले हजारों करोड़, चिदंबरम ने कसा तंज, पूछा- कॉरपोरेट्स दान करने के लिए इतने उत्सुक क्यों? https://www.jansatta.com/national/long-live-anonymous-democracy-congress-p-chidambaram-dig-at-electoral-bond-donations-to-bjp/2691526/
Electoral Bonds Are a Threat to Indian Democracy https://thewire.in/political-economy/electoral-bonds-are-a-threat-to-indian-democracy With the introduction of electoral bonds, India is currently the most unregulated country with regards to electoral funding in comparison with other similar democracies. The greater the inequality of political funding, the greater the chances that public policy is tilted towards the interest of the super rich, ignoring the interests of the majority, particularly the poor and the vulnerable. ..Electoral bonds lead to information asymmetry; only the ruling government has information on who lends and to whom, leading to issues of moral hazard and adverse selection... Other examples of corporate influence would be the monetisation of public assets – where extremely lucrative Indian assets are given away at a throw away price, at a loss to the exchequer – or the passing of the widely criticised farm bills....Unless India reinvents its political funding and spending regulations, she is not a true democracy. For India to be true democracy, the dictum of ‘one person one vote’ must be reinstated in favour of the current ‘one Rupee one vote’ regime.
Give info to ECI on each donor, each electoral bond in sealed covers: SC orders political parties https://www.thehindu.com/news/national/give-info-to-eci-on-each-donor-each-electoral-bond-in-sealed-covers-sc-orders-political-parties/article61562884.ece 12 April 2019 A Bench led by Chief Justice of India Ranjan Gogoi said the issue of electoral bonds and their lack of transparency is a "weighty" one and requires in-depth hearing.
Electoral Bonds: The curse of Indian democracy | Podumentary https://theprobe.in/podumentary/electoral-bonds-the-curse-of-indian-democracy-podumentary/ Oct 31, 2022 It compromised electoral transparency and has made political party funding murky in the world’s largest democracy. Why are electoral bonds continuing to damage Indian democracy even after it was red-flagged by the Election Commission of India?
ECI-MCC Violation-Gujarat
Email from Devasahayam MG <
Dear Election Commissioners,
We in the Electoral Democracy Group are in total agreement with what has been written by Mr EAS Sarma, distinguished Civilian and Prof Jagdeep Chokker, Co-Founder of Association for Democratic Reforms. We would like to further add that the alleged action of Mr Amit Shah is blatant violation of Model Code of Conduct. ....(..extract from Model code of Conduct - edited)
Through this Letter sent by email we will urge the ECI to initiate immediate action under this provision in compliance with its Constitutional mandate of holding free and fair elections to State Assemblies.
M G Devasahayam IAS (Retd) Convener, Electoral Democracy Group
From: Jagdeep Chhokar <
... 1. This is in continuation of Dr.E.A.S. Sarma’s email of November 26, 2022 (a copy of which is appended at the end of this email), about the violation of the Model Code of Conduct (MCC) by the Union Home Minister, Mr. Amit Shah while addressing a rally in Mahudha town of Kheda district, in support of BJP candidates ahead of the next month's Assembly elections, as reported by the NDTV news channel which is available at the link https://www.ndtv.com/india-news/rioters-taught-lesson-in-2002-permanent-peace-in-gujarat-amit-shah-3552887 .
... 3. I fully agree with and support all that Dr. Sarma has said in his email.
4. In addition, I wish to bring to your attention that Mr. Amit Shah’s statement:
a. attracts section 8 of the Representation of the People Act, 1951, and
b. is in violation of section 153A of the Indian Penal Code ....(extract from 153A)
5. In view of the foregoing, I strongly urge the Commission to do the following:
a. Deferment the elections in Gujarat “till such time that the environment becomes conducive to conducting elections freely and fairly”, due to the gross violation of the Model Code of Conduct, as already suggested by Dr. Sarma.
b. Initiate action for the lodging of appropriate complaint and registration of consequential First Information Report for the violation of section 153A of the Indian Penal Code against the alleged offender(s).
6. Since the matter concerns the election in the state of Gujarat where the polling for the first phase is scheduled to be held on December 01, 2023, it is requested that the action taken on this email may please be intimated to me by November 28, 2022 so that I can initiate further action if necessary, in good time before the polling date of December 01, 2023...
Jagdeep S. Chhokar.. Former Professor, Dean, and Director In-charge Indian Institute of Management, Ahmedabad'
Email of Dr. E.A.S. Sarma dated November 26, 2022
...I have come across the following highly objectionable statement, reported to have been made by Shri Amit Shah, the Union Home Minister, in Gujarat yesterday, addressing a rally in Mahudha town of Kheda district, in support of BJP candidates ahead of the next month's Assembly elections (https://www.ndtv.com/india-news/rioters-taught-lesson-in-2002-permanent-peace-in-gujarat-amit-shah-3552887 )
"During the Congress rule in Gujarat (before 1995), communal riots were rampant. Congress used to incite people of different communities and castes to fight against each other. Through such riots, Congress had strengthened its vote bank and did injustice to a large section of the society.....But after they were taught a lesson in 2002, these elements left that path (of violence). They refrained from indulging in violence from 2002 till 2022. BJP has established permanent peace in Gujarat by taking strict action against those who used to indulge in communal violence,"
The said statement apparently refers to how a political party and certain sections of the people "taught a lesson", which in effect implies those other than the law enforcement authorities had taken law into their hands. If the statement is correctly reported, it would have serious public interest implications.
I sincerely hope that Shri Amit Shah had not made any such statement but, if he had indeed made a statement to that effect, considering that it has come from him, holding the high and responsible office of the Union Home Minister, it assumes a great deal of importance, having wide ramifications for the ensuing Gujarat elections, scheduled to take place shortly and even for other Assembly elections scheduled to take place elsewhere in the country during the next few days.
The statement, if it is found to be true, violates the Model Code of Conduct in force, especially with reference to the following clause,
"There shall be no appeal to caste or communal feelings for securing votes.
Shri Shah's statement needs to be viewed by the Election Commission in conjunction with the reported fact (https://www.outlookindia.com/national/bilkis-bano-case-centre-approved-the-release-of-11-convicts-gujarat-government-submits-to-sc-news-230694 ) that it was the Union Home Ministry that cleared the release of the eleven rape convicts in the Bilkis Bano case, directly related to the infamous Godhra incidents in 2002, which triggered the shameful sequence of events that shook the nation's conscience. The background and the aftermath of the Gujarat incidents of 2002 are so widely known that I do not have to explain the same to the Commission in detail.
I believe that, as the custodian of free and fair elections in Gujarat and elsewhere, by virtue of Article 324, and the trust reposed by the electorate in the integrity and impartiality of the Election Commission, the Commission should act quickly, hold a special emergent meeting today, preferably during early hours, ascertain the veracity of the news report on Shri Shah's purported statement and, if the said statement is found to be true, the Commission should, as required, give an opportunity to the person who has made the statement to explain his position, take immediate penal action if necessary, so as to ensure that after-effects of the statement may not interfere with the integrity of the electoral process in the State.
From the statement referred, if it is true, I am constrained to draw the inevitable inference that it would have already impacted the course of the Gujarat elections in the short run and would have long-term adverse implications for the nation as whole. By token penalties imposed, the Commission may not be able to undo the considerable damage that would have already been caused, in which case, the only course of action left to the Commission is to consider deferment of the elections, till such time that the environment becomes conducive to conducting elections freely and fairly.
The Commission should also take note of the fact that the Union Ministry of Finance had earlier notified an unprecedented extension of the window for political parties receiving corporate donations, on which I had expressed my concern in my letter addressed to you on 8-11-2022, with a special reference to the Model Code (readily accessible at https://countercurrents.org/2022/11/electoral-bond-notification-in-violation-of-model-code-of-conduct-ec-must-intervene/?swcfpc=1). To the best of my knowledge, the Commission is yet to initiate any meaningful action on it!
I may further remind the Commission that its inaction in announcing Gujarat elections on October 14, 2022, simultaneously with announcement of elections in Himachal Pradesh (HP), and deferring Gujarat elections till November 3, 2022, for no plausible and convincing reason, resulted, in the Model Code of Conduct coming into force only on November 3. This indirectly (perhaps coincidentally!) gave license to the local authorities in Gujarat to go ahead with premature inauguration of the dangerous, incompletely restored Morbi bridge on Machchhu River, which in turn resulted in a horrific human disaster that took away the lives of more than a hundred innocent persons. Had the Commission announced the Gujarat elections along with its announcement of the HP elections, the Morbi accident would never have taken place! While the two events were not directly connected, it is a fact that the Commission did defer announcing the Gujarat elections, without citing any plausible and valid reason. It is essential that the Commission remains not only credible as a Constitutional authority but also appears to be so, in every respect.
The Election Commission of India is a unique, independent institution, owing its existence to Article 324 of the Constitution and the apex court has time and again emphasised that the Commission's responsibility is to ensure that nothing happens that affects the fairness of elections. During the time when the Model Code of Conduct is in force, the Commission has the authority to go to any extent to penalise those that violate the Code and take appropriate steps to safeguard the integrity of the electoral process in every possible way.
Several incumbents of the office of the Commission in the past had demonstrated the authority of the Commission in its full measure and the people of this country, who repose trust in the Commission's authority as an independent institution, expect the Commission to act objectively with the sole purpose of safeguarding the integrity and fairness of the electoral process, impervious to extraneous influences. The Commission cannot afford to permit political parties to indulge in divisive exhortations to the electorate and thereby influence elections against the public interest...
https://youtu.be/n-BSBlq_mbU?t=262 Electoral bonds case issues
BJP Got Over Rs 2500 Crores In Electoral Bonds, Congress Next On List With Rs 318 Crores https://www.youtube.com/watch?v=cEZKtC9HjQQ
Oct 14, 2022 For seven years, the petitions challenging the electoral bonds (EB) system have been pending before the Supreme Court. Now, the hearing has once again been adjourned to 6 December, with the solicitor general taking the stand that EBs are "completely transparent".
More than 10 thousand crore worth of funds have been generated by EBs since 2015.
https://www.youtube.com/watch?v=ixgZVwW2S78
Are Electoral Bonds Transparent & Do They Favour Ruling Party? | News Today With Rajdeep Sardesai
For seven years, the petitions challenging the electoral bonds (EB) system have been pending before the Supreme Court. Now, the hearing has once again been adjourned to 6 December, with the solicitor general taking the stand that EBs are "completely transparent".
More than 10 thousand crore worth of funds have been generated by EBs since 2015.
- Stop political parties giving “freebies” to there electorate
- Is Electoral Bond a form of Bribe?
- NEWSJ and Election related advertising paid by Reliance:
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- t Count All VVPAT Slips to Protect Electoral Integrity