Those infatuated with the technology-driven Electronic Voting Machines (EVMs) fail to realise that elections are synonymous with democracy and are meant to translate the consent of the citizens into governmental authority. To achieve this, elections should be held in strict conformity with democracy principles. … EVMs that are being presently used to conduct elections may be devices of technology excellence. But the moot question is ~ do they comply with the principles of democracy? The answer is: No. The Federal Constitutional Court of Germany in a landmark judgment in March 2009 held the use of EVMs unconstitutional if they do not comply with the ‘Democracy Principles’. The Court did not strike down the EVM ,but left it to the government/election authority to determine whether or not the machines comply with the principles of democracy. These authorities determined that EVMs do not and went back to the ballot paper. Many other countries followed.
In January 2012, Delhi High Court expressed reservations on EVMs with the ruling: “Dr. Swamy is right to the extent that it cannot be ruled out that EVMs may be vulnerable to frauds. There may be security issues as well.”(Subramanian Swamy Vs ECI)
On 8 October 2013, the Supreme Court mandated the use of voter verified paper audit trail (VVPAT) system in a phased manner to bring about some semblance of democracy principles. The Court observed: “From the materials placed by both the sides, we are satisfied that the ‘paper trail’ is an indispensable requirement of free and fair elections. The confidence of the voters in the EVMs can be achieved only with the introduction of the ‘paper trail’. EVMs with VVPAT system ensure the accuracy of the voting system.
With an intent to have fullest transparency in the system and to restore the confidence of the voters, it is necessary to set up EVMs with VVPAT system because the vote is nothing but an act of expression which has immense importance in democratic system”. The Supreme Court has repeatedly stressed that principles of democracy are a part of the basic structure of the Constitution.
Full Article: Are EVMs democratic?.