What Happened
- A law enabling the use of ballot papers as an alternative to Electronic Voting Machines (EVMs) for certain elections has been formally notified by the government, giving legal clarity to state election commissions and local body election authorities on the conditions under which paper ballots may be deployed.
- The notification follows earlier practice — most notably in Karnataka, where the Karnataka State Election Commission announced the use of ballot papers for the Greater Bengaluru Authority (GBA) elections in 2026, citing public trust concerns about EVMs for civic body polls.
- The notification clarifies the existing legal position: the Representation of the People Act, 1951, provides for ballot paper as the default method (Section 61) while EVMs are an option introduced through Section 61A (inserted in 1988); the mandatory use of EVMs applies only to state assembly and Parliamentary elections.
- This development has re-energised the broader EVM vs. ballot paper debate, with opposition parties demanding a return to paper ballots for all elections, and the Election Commission of India maintaining that EVMs are secure, verifiable through VVPAT, and superior in preventing booth capture and ballot stuffing.
- The notification is significant because it formally codifies the permissibility of ballot papers for local body and other non-state/Parliamentary elections, potentially opening a wider window for states to choose paper-based voting for civic polls.
Static Topic Bridges
Representation of the People Act 1951: Section 61 and 61A
The Representation of the People Act, 1951 (RPA) is the primary legislation governing elections to Parliament and state legislatures. Section 61 provides for the conduct of voting using ballot papers — this is the original, default method. Section 61A was inserted through an amendment in December 1988, enabling the Election Commission to use "voting machines" (EVMs) at its discretion in any constituency. The parliamentary amendment empowering EVMs came into force on March 15, 1989. Importantly, Section 61A makes EVMs an option, not a mandate — the default legal position remains ballot paper.
- Section 61, RPA 1951: voting by ballot paper — the original statutory method
- Section 61A, RPA 1951: inserted via amendment (December 1988, in force from March 1989); empowers EC to use voting machines
- "Voting machine" defined broadly: any machine whether operated electronically or otherwise used for giving or recording votes
- EVM mandatory use: only for elections to state legislative assemblies and Parliament (under Conduct of Election Rules, 1961)
- For local body elections: state election commissions operate under state laws; the choice between EVM and ballot paper depends on state legislation and SEC orders
- First EVM use in India: partial use in Kerala assembly elections, 1982; nationwide rollout from 2000 onwards
Connection to this news: The notified law clarifies and formalises the permissibility of ballot papers for eligible election categories — confirming the opposition argument that paper ballots are the statutory norm, not EVMs.
Election Commission of India: Powers Under Article 324
Article 324 of the Constitution vests the superintendence, direction, and control of all elections to Parliament, state legislatures, and the offices of the President and Vice-President in the Election Commission of India. The ECI has broad plenary powers under Article 324 to issue directions on the conduct of elections in matters not covered by statute. The Commission has consistently defended EVMs as tamper-proof, pointing to the VVPAT (Voter Verifiable Paper Audit Trail) system as providing paper verification of electronic votes.
- Article 324: constitutional vesting of election superintendence in the ECI; Commission consists of the Chief Election Commissioner and two Election Commissioners
- VVPAT: Voter Verifiable Paper Audit Trail — paper slip printed by EVM showing voter's choice, visible for 7 seconds; stored separately for audit
- Supreme Court order (2019): directed VVPAT slip verification for 5 EVMs per assembly segment, expanded on demand
- ECI position: EVMs cannot be tampered with remotely; standalone machines; VVPAT provides physical verification layer
- Opposition demand: 100% VVPAT count, or return to ballot papers
- State Election Commissions (Articles 243K, 243ZA): separate constitutional bodies for panchayat/municipality elections; independently empowered to decide voting method under state law
Connection to this news: The notification does not change the ECI's authority over Parliamentary and assembly elections, but it formally enables state and local election authorities to use ballot papers — which critics of EVMs see as a significant concession to concerns about electronic voting.
The EVM vs Ballot Paper Debate: Key Arguments
The debate over EVMs vs paper ballots has been a persistent feature of India's electoral discourse, intensifying after each election cycle. Proponents of ballot papers argue that a physical, manually countable vote creates an irreversible paper trail that cannot be altered electronically. EVM defenders point to the elimination of booth capturing, bogus voting, and ballot stuffing that characterised paper ballot elections in India's first decades. The Karnataka State Election Commission's decision in 2026 to use ballot papers for GBA elections was the first high-profile instance of a state body citing public trust as a reason for reverting to paper.
- EVM introduced to address: booth capturing, ballot box stuffing, electoral violence in paper ballot era
- EVM advantages: faster counting, eliminates invalid votes, tamper-resistant (standalone, no internet connectivity)
- Ballot paper advantages: physical paper trail, manually verifiable, no software vulnerability, public trust
- Karnataka SEC reason for GBA ballot papers: public trust deficit in EVMs; legal permissibility under existing rules
- ADR (Association for Democratic Reforms) position: paper ballot is the legal default; EVM use is an authorised option, not mandatory outside Parliament/assembly elections
- Global context: several democracies (Germany, Netherlands) have reverted from EVMs to paper ballots citing auditability concerns; US, UK, Canada use paper ballots
Connection to this news: The formal notification of the ballot paper law reinforces the legal correctness of state decisions to use paper ballots for local elections, and may embolden further departures from EVMs in civic body polls across states.
Key Facts & Data
- Section 61, RPA 1951: default ballot paper voting method
- Section 61A, RPA 1951: EVM option, inserted December 1988, in force March 1989
- First nationwide EVM use in assembly elections: 2000 (various state elections)
- First full nationwide EVM Lok Sabha election: 2004
- VVPAT mandatory with every EVM since 2019 general election
- Karnataka GBA elections 2026: ballot paper use announced by Karnataka SEC
- Article 324: constitutional basis for ECI's superintendence of elections
- ADR position: per existing law, ballot paper is the norm; EVM is an option
- State Election Commissions: Article 243K (panchayats), Article 243ZA (municipalities); separate from ECI
- Opposition demand: restoration of ballot paper for all elections, or 100% VVPAT count