Election Commission legally has no right to hold SIR: Congress' Manish Tewari

"Stop this SIR. There is no provision in law which allows the SIR to go ahead. You will say that were the SIRs conducted earlier illegal, to which my answer is that multiple wrongs don't make a right," Tewari said.

New Delhi: Congress MP Manish Tewari on Tuesday claimed that the Election Commission legally has no right to conduct the SIR and it must be stopped, as he asserted that many Opposition leaders as well as people now feel the need to raise questions over the poll body's neutrality.

Initiating a discussion on Election Reforms in the Lok Sabha, Tewari said the first election reform should be to amend the law of 2023 on the selection of the chief election commissioner and election commissioners.

He said the law stipulates that the panel be comprised of the prime minister, the leader of opposition in the Lok Sabha and a cabinet minister.

"It is my suggestion that two members should be added to this panel -- the Leader of Opposition in the Rajya Sabha and the Chief Justice of India.

"If such a committee is formed then 'theek se khela hobega' and it will play an important role in removing the doubts over the Election Commission (EC)," Tewari said.

The Congress leader said that BR Ambedkar ensured that the EC would be a permanent body.

"It was expected of the EC that it will work as a neutral umpire, but regretfully I have to say that many members sitting on this side (pointing to opposition benches) and many people feel the need to raise questions over its neutrality," Tewari said.

He said Article 327 gave rights to the Parliament to make laws for the voters list and delimitation.

"I have to say with regret that the Special Intensive Revision (of electoral rolls) is being discussed throughout the country. The SIR is happening in many states, but I am saying with a lot of responsibility that legally EC has no right to conduct SIR," Tewari said.

"There is no provision for SIR in Constitution or in law. This is just a right to EC that if there is any thing wrong with the electoral roll of any constituency it can correct it for reasons that need to be recorded in writing and made public. Only then you can conduct SIR, you cannot do SIR for whole of Bihar or the whole of Kerala," the Congress leader said.

"If you have to do SIR then do it separately in constituencies where there is a problem with the electoral roll after recording the problems in writing and then only it can carry out SIR. I would like to ask the government where are the reasons in writing," he said.

"Stop this SIR. There is no provision in law which allows the SIR to go ahead. You will say that were the SIRs conducted earlier illegal, to which my answer is that multiple wrongs don't make a right," he said.

Tewari said that in India's democracy there are two stakeholders -- people who vote as electors and political parties that participate in the poll.

Constitution makers ensured that every Indian above 21 years has a right to vote at a time when voting right was given on narrow principles in various countries.

He said the biggest election reform was by then PM Rajiv Gandhi in 1988-89 by reducing the voting age from 21 to 18.