Supreme Court Rejects PIL Seeking Audit Of EVM Source Code Over Hacking Concerns

The Supreme Court has rejected a public interest litigation (PIL) seeking an audit of the source code used in electronic voting machines (EVMs), emphasizing that making the source code public would increase the risk of hacking.

A three-judge Bench, led by Chief Justice D.Y. Chandrachud, declined the petition's consideration, expressing concerns about the potential vulnerability of the machines. The Bench stated, "If we start putting out the source code in the public domain, you know who will be able to hack that."

The source code is a critical component of EVMs, providing instructions to the hardware. Publicizing the source code could make it easier for individuals to manipulate the software, posing a security risk.

The petitioner, lawyer Sunil Ahya from Mumbai, cited IEEE1028 as the international standard for auditing source code. However, it remains unclear whether the Election Commission of India (ECI) follows this or any other standard for audits. During a previous petition in 2018, the ECI had informed the court that a technical evaluation committee (TEC) audits the code.

Ahya argued that an independent agency should conduct the audit, as the TEC is also responsible for designing the machines. The court noted that it was not inclined to issue directions on this policy matter, emphasizing that there is no evidence suggesting the ECI is neglecting its responsibilities.

Former IIT professor Subhashis Banerjee commented on the issue, stating that keeping source codes secret does not guarantee security. He mentioned that elsewhere in the world, source codes are publicly disclosed. Banerjee emphasized that the responsibility lies with the Election Commission to demonstrate the machines' security against potential threats, including insider attacks.

The Supreme Court's decision comes amid ongoing debates about the security and transparency of EVMs in India's electoral process.

Author: Anushka Taraniya

News Writer, MIT ADT University