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Nov 16, 2013

EVM Paper Trail Judgment- A Judgment or an office order?

Dr Subramanian Swamy Vs Election Commission of India full judgment text
I have just gone through this judgment. In this case Hon'ble Supreme Court of India observed that paper trail/ paper receipt is necessary in the election in India and held in para 29 
"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”
Government of India was also directed to provide required financial “assistance for procurement of units of VVPAT” for implementation of such a system (VVPAT) in a phased manner. 
With due respect to everybody after reading this judgment and being a toddler in field of law I failed to understand whether it is a judgment or office order by a senior executive or a review of work of some junior officer. My understanding about a judgment was that it decides an issue between two parties or establish rule of law and save the constitution.  But this judgment failed to touch any legal issue except the word herein above in inverted commas. 
Judgment goes in a direction to discuss implementation of Paper trail and its' cost. This is perhaps under the duty and power of other wing and not to judiciary. Moreover judgment nowhere discuss whether other wing failed to do his duty or not but gave direction to provided fund of Rs 1690 crore for these machine. 
This amount is not huge keeping in mind the budget of State but I am more concerned with the paper. In my opinion it will waste a huge number of paper resulting in loss of trees and environment.
Keeping a paper trail or giving a receipt to voter may be harmful in any country specifically in India. This may becomes a method for powerful and bad elements of society to ensure that a fearful voter had cast vote in his favour and voter may be forced to handover the said paper to those person outside the both. 
EVM was introduced in the elections many years back and now days there is not a very big disrespect or hate against them. Moreover Court is there to protect and ensure free and fair election and not to create or "achieved the confidence of voter". Same is the duty, field or specifically dream of the Parliament. 

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