Disclosing EVM source code may lead to misuse: Supreme Court

Guwahati: The Supreme Court of India on Wednesday said that the source code of the Electronic Voting Machines (EVMs) should not be disclosed as they might be misused.

According to Live Law, the apex court stated this while hearing please related to 100 per cent tally of Electronic Voting Machines (EVM) data with VVPAT records.

Supreme Court Reiterates Non-Disclosure Policy for EVM Source Codes, Citing Potential Misuse Concerns

The matter came before a bench comprising Justices Sanjiv Khanna and Dipankar Datta, who sought clarifications from an Election Commission official during the hearing. The session was adjourned until 2 PM for the official to provide necessary elucidation.

During the proceedings, Senior Advocate Santhosh Paul, representing one of the petitioners, brought up the issue of disclosing EVM source codes.

However, Justice Khanna dismissed the notion, expressing concerns over the potential consequences of such disclosure leading to a possible misuse.

He added that keeping the source code confidential is crucial to prevent misuse and safeguard the integrity of the electoral process.

It may be mentioned that a public interest litigation (PIL) was also filed seeking an independent audit of EVM source codes, arguing that it is essential for ensuring the transparency and fairness of elections.

However, the PIL was dismissed by a Bench led by Chief Justice of India DY Chandrachud in November 2023.

The court highlighted the sensitive nature of issues related to election integrity, asserting that decisions regarding the auditing of EVM source codes fall within the purview of the Election Commission.