The Supreme Court of India is hearing a case of controversy over the Electric Voting Machines now being used during parliamentary/legislative assembly elections in the country. The person who has raised this controversy in a court of law is no other than Janata Party president and known social activist Subramaniam Swamy. The Delhi High Court had declined to pass a judgement on whether or not EVMs should be withdrawn in favour of old system of voting by ballot paper. The appeal against the Delhi High Courts decision is being now heard by the Bench of Supreme Court and it is becoming an issue of general interest. Swamy, who appeared in person, has argued that in the US and in Japan EVMs are being replaced by old ballot paper system because the machines are manufactured by private parties and are vulnerable to hacking.
Although Mr. Swamy has not given any specific instance of misuse of the EVM, yet he has contested security of manufacturing technicalities of the machine. Hindsight shows that in a couple of cases in elections there were subdued complaints from candidates with stakes that the EVM were manipulated but they were not able to provide convincing evidence to that effect. Although the Election Commission of India has assured the Supreme Court that it will ensure foolproof security and secrecy in putting the EVMs to work, yet the Supreme Court has not accepted the plea and given the EC sufficient time till January 2013 to come back with what assurances it can provide.