Briefly explain and critically evaluate the VVPAT and EVM in the light of contemporary developments.
Solution and Explanation
Introduction
The integrity of the electoral process is fundamental to any democracy. In India, the Election Commission uses Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) to ensure transparency, accuracy, and trust in the electoral system. This essay critically evaluates the effectiveness of EVMs and VVPATs in light of contemporary developments.
Electronic Voting Machines (EVMs)
Overview
EVMs were introduced in India in the late 1990s to replace the traditional paper ballot system. These machines were designed to eliminate issues like ballot tampering, booth capturing, and vote rigging. An EVM consists of two units: a control unit held by the presiding officer and a balloting unit where voters cast their votes.
Advantages
- Efficiency: EVMs speed up the voting process and the counting of votes, reducing the time taken to declare results.
- Accuracy: EVMs minimize human errors common in manual vote counting.
- Cost-effectiveness: Over time, EVMs are more economical compared to the recurring costs of printing and managing paper ballots.
- Security: EVMs are standalone devices not connected to any network, reducing the risk of external hacking.
Criticisms and Concerns
Despite their advantages, EVMs have faced criticism and skepticism.
- Tampering Allegations: There have been persistent allegations of EVM tampering and hacking, despite the Election Commission's assurances and multiple demonstrations of the machines' security.
- Transparency Issues: Some political parties and activists argue that EVMs lack transparency since voters cannot physically verify their vote, leading to mistrust.
- Technical Glitches: Instances of EVM malfunctions during elections have raised concerns about their reliability.
Contemporary Developments
In response to these concerns, the Election Commission has introduced additional measures, including the implementation of VVPATs, to enhance transparency and trust.
Voter Verifiable Paper Audit Trail (VVPAT)
Overview
VVPAT is a system that works with EVMs to provide a physical verification mechanism for voters. When a vote is cast on the EVM, the VVPAT unit generates a paper slip showing the voter's choice, visible through a transparent window for a few seconds before being deposited into a sealed box.
Advantages
- Transparency: VVPAT provides a tangible confirmation to the voter, addressing concerns about the verifiability of their vote.
- Auditability: In case of disputes or allegations of tampering, the paper trail can be used to verify the electronic count, ensuring accountability.
- Increased Trust: The introduction of VVPATs has bolstered public confidence in the electoral process by adding a layer of verifiability.
Criticisms and Concerns
Despite its benefits, the VVPAT system has challenges.
- Operational Complexity: The integration of VVPAT with EVMs increases the complexity of the electoral process, requiring additional training for election personnel.
- Increased Costs: The production, maintenance, and management of VVPAT units add to the cost of conducting elections.
- Counting Process: In the event of a discrepancy between EVM and VVPAT counts, manually counting VVPAT slips can be time-consuming and prone to human errors.
Contemporary Developments
In recent elections, the Election Commission has mandated the use of VVPATs in all polling stations and has introduced measures for random verification of VVPAT slips in selected constituencies. This move aims to enhance the credibility of the electoral process.
Critical Evaluation
The implementation of EVMs and VVPATs marks a significant advancement in the Indian electoral system. EVMs have revolutionized the voting process by making it more efficient and secure, while VVPATs have addressed concerns related to transparency and verifiability. However, the system is not without its flaws.
- Technological Dependence: The reliance on technology introduces risks associated with technical malfunctions and cybersecurity threats. While EVMs are not connected to networks, the physical security of the machines is paramount.
- Trust Deficit: Despite technological safeguards, a segment of the population remains skeptical about the integrity of EVMs and VVPATs. Continuous efforts to educate and engage with the public are essential to build trust.
- Implementation Challenges: The logistical and operational challenges of implementing VVPATs on a large scale require meticulous planning and resources.
Conclusion
The combination of EVMs and VVPATs represents a balanced approach to modernizing the electoral process while addressing concerns of transparency and verifiability. However, continuous improvement, robust security measures, and public engagement are crucial to ensuring the integrity and credibility of the electoral system. The Election Commission must remain vigilant and proactive in addressing emerging challenges to uphold the democratic process in India.
Top Questions on Constitutional Laws
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II. Deputy Chairman of Rajya Sabha B. Elected by Members of Lok Sabha
III. Speaker of Lok Sabha C. Appointed by the President
IV. Chairman of Public Accounts Committee D. Appointed by the Speaker of Lok Sabha
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[R] The power vested in the Court under Article 136 of the Constitution is plenary, hence the Court itself set the limits by permitting invocation of this power in very exceptional circumstances.
Choose the most suitable answer from the below given options.
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Questions Asked in CLAT PG exam
The document presents a critique of the United Nations (UN) organization, arguing that it has failed to carry out its charter-mandated tasks, specifically to ”maintain international peace and security” and ”to achieve international cooperation” in solving global problems. The author notes growing public frustration with catastrophic humanitarian situations and the failure of peace-keeping operations, leading to widespread scepticism about the possibility of ”revitalization”.
UN Reform Approaches
Discussions on UN reform are divided into two main categories: the conservative approach and the radical approach.
1. Conservative Approach:
The conservative view considers the existing Charter ”practically untouchable” and believes in improving ”collective security” as defined in Chapter VII. Key positions include:
- US Position: Prioritizes its own interests, supports better management and the creation of an Inspector General, favours enlarging the Security Council (to include Germany and Japan, mainly for financing peace-keeping), and associates the UN with regional organizations like NATO for peace enforcement. The US remains reluctant to allow full application of Chapter VII and views collective security restrictively.
- Secretary-General’s Position (Boutros Ghali): Advocated for the full implementation of ’collective security’ as envisaged in 1945, including the use of the Military Staff Committee (Article 47) and the conclusion of special agreements (Article 43) for providing armed forces. He also proposed ’peace enforcement units’ under the command of the Secretary-General and wider use of ’preventive diplomacy’. The report candidly recognized the Security Council’s incapacity to deal with threats from a major power.
2. Radical Approach:
The radical approach criticizes the principles of the present system and proposes an overhaul. It reflects increasing doubts about the value of the Charter’s collective security system, especially in intra-State conflicts. Radical proposals include:
- Establishing an Economic Security Council.
- Modifying the Charter with less reluctance.
- Reforming the IMF and World Bank.
- Developing a new global security system .
- The creation of a consultative parliamentary assembly at the world level.
Future Outlook:
The author asserts that no major or minor reform has any chance of being implemented now, primarily because the Charter’s amendment procedures (requiring a two-thirds majority including all five permanent Security Council members) preclude agreement. However, he concludes that the continuing deterioration of the global situation, driven by economic integration, rising inequality, and intra-State conflicts, will inevitably lead the political establishment to define a new global institutional structure. This future debate will become highly political.
- CLAT PG - 2026
- International Law
“Section 55 of the Indian Contract Act says that when a party to a contract promises to do a certain thing within a specified time but fails to do so, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee if the intention of the parties was, that time should be of the essence of the contract. If time is not the essence of the contract, the contract does not become voidable by the failure to do such thing on or before the specified time but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Further, if in case of a contract voidable on account of the promisor’s failure to perform his promise within the time agreed and the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance he gives notice to the promisor of his intention to do so.
Sections 73 and 74 deal with consequences of breach of contract. Heading of Sec tion 73 is compensation for loss or damage caused by breach of contract. When a contract is broken, the party who suffers by such breach is entitled to receive from the party who has broken the contract compensation for any loss or damage caused to him thereby which naturally arose in the usual course of things from such breach or which the parties knew when they made the contract to be likely to result from the breach of it. On the other hand, Section 74 deals with compen sation for breach of contract where penalty is stipulated for. When a contract is broken, if a sum is mentioned in the contract as the amount to be paid in case of such breach or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled whether or not actually damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or the penalty stipulated for.”
tracted from: Consolidated Construction Consortium Limited v Software Technol ogy Parks of India 2025 INSC 574- CLAT PG - 2026
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“Law treats all contracts with equal respect and unless a contract is proved to suffer from any of the vitiating factors, the terms and conditions have to be enforced regardless of the relative strengths and weakness of the parties.
Section 28 of the Contract Act does not bar exclusive jurisdiction clauses. What has been barred is the absolute restriction of any party from approaching a legal forum. The right to legal adjudication cannot be taken away from any party through contract but can be relegated to a set of Courts for the ease of the parties. In the present dispute, the clause does not take away the right of the employee to pursue a legal claim but only restricts the employee to pursue those claims before the courts in Mumbai alone.
... the Court must already have jurisdiction to entertain such a legal claim. This limb pertains to the fact that a contract cannot confer jurisdiction on a court that did not have such a jurisdiction in the first place.”
Extracted from: Rakesh Kumar Verma v HDFC Bank Ltd 2025 INSC 473- CLAT PG - 2026
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- It is well recognized that actionable negligence in context of medical profession involves three constituents (i) duty to exercise due care; (ii) breach of duty and (iii) consequential damage. However, a simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on part of the medical professional so long as the doctor follows the acceptable practice of the medical profession in discharge of his duties. He cannot be held liable for negligence merely because a better alternative treatment or course of treatment was available or that more skilled doctors were there who could have administered better treatment.
A medical professional may be held liable for negligence only when he is not pos sessed with the requisite qualification or skill or when he fails to exercise reasonable skill which he possesses in giving the treatment. None of the above two essential conditions for establishing negligence stand satisfied in the case at hand as no ev idence was brought on record to prove that Dr. Neeraj Sud had not exercised due diligence, care or skill which he possessed in operating the patient and giving treatment to him. When reasonable care, expected of the medical professional, is extended or rendered to the patient unless contrary is proved, it would not be a case for actionable negligence.
tracted with edits and revisions from Neeraj Sud v Jaswinder Singh 2024 INSC 825- CLAT PG - 2026
- Law of Torts
Today, in the year 2025, we have been experiencing the drastic consequences of large scale destruction of environment on human lives in the capital city of our country and in many other cities. At least for a span of two months every year, the residents of Delhi suffocate due to air pollution. The AQI level is either dangerous or very dangerous. They suffer in their health. The other leading cities are not far behind. The air and water pollution in the cities is ever increasing. Therefore, coming out with measures such as the 2021 Official Memorandum is violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution free environment. It also infringes the right to health guaranteed under Article 21 of the Constitution.
The 2021 OM talks about the concept of development. Can there be development at the cost of environment? Conservation of environment and its improvement is an essential part of the concept of development. Therefore, going out of the way by issuing such OMs to protect those who have caused harm to the environment has to be deprecated by the Courts which are under a constitutional and statutory mandate to uphold the fundamental right under Article 21 and to protect the environment. In fact, the Courts should comedown heavily on such attempts. As stated earlier, the 2021 OM deals with project proponents who were fully aware of the EIA notification and who have taken conscious risk to flout the EIA notification and go ahead with the construction/continuation/expansion of projects. They have shown scant respect to the law and their duty to protect the environment. Apart from violation of Article 21, such action is completely arbitrary which is violative article 14 of the Constitution of India, besides being violative of the 1986 Act and the EIA notification.
(Extracted with edits from Vanashakti v. Union of India, 2025 INSC 718)- CLAT PG - 2026
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