Stop SIR, it has no legal basis: Congress MP Manish Tewari opens debate in LS, seeks return to paper ballots 

Senior Congress MP and former union minister Manish Tewari on Tuesday initiated the crucial debate on electoral reforms in Lok Sabha and demanded that Special Intensive Revision of Electoral Rolls be stopped forthwith.

Tewari, lead speaker from the Opposition side, said the Election Commission has no legal or constitutional right to conduct SIR and the process -- currently ongoing in 12 states and UTs -- be stopped.

Tewari, who cited the Constitution to make a case against blanket SIR made three demands --  stopping SIR, changing the 2023 law for selection of Chief Election Commissioner and Election Commissioners to ensure fairness and balance and immediate end to the ongoing practice of cash transfers at the cost of national and state exchequer.

Tewari also demanded a return to paper ballots noting that people's trust in EVMs had eroded and needed to be restored -- a demand SP's Akhilesh Yadav also backed.

Making his case against SIR, Tewari cited the Representation of People's Act to argue that SIR could be conducted in particular and not all constituencies and that too after recording of reasons thereof by the EC.

"Where are the written reasons by the EC for conducting SIR in 12 states and UTs. The government should ask the EC to produce these reasons and place these on the floor of the House," Tewari said, adding that the Constitution makers had envisaged elections at different times during the course of India's electoral journey which meant they did not perceive a situation of simultaneous polls.

"We need to therefore ask ourselves whether the ongoing debate on one nation one election is relevant at all," said Tewari, member of the joint parliamentary committee examining the ONOE.

The Congress MP from Chandigarh also challenged the 2023 law on the selection of CEC and ECs and said it needs to be amended to include the Chief Justice of India and Leader of Opposition in Rajya Sabha.

The selection committee under this law consists of the PM, Leader of opposition in Lok Sabha and a central minister.

"For balance and neutrality is it important to include CJI and LOP Rajya Sabha in the selection committee," Manish Tewari said.

The Congress MP also dwelt in detail on the practise of cash transfers ahead of elections and demanded provisions to ensure that no cash transfers are allowed by the Centre and states if debt to GDP ratio is 20  per cent  and above.

Questioning the neutrality of EC, Tewari also made an argument against EVMs and sought a return to paper ballots.

"Why did Japan, Germany and the US return to paper ballots? The reason was that machines can be manipulated. The EC has to conduct elections. How does it matter whether these are conducted through EVMs or paper ballots?  It can take some days to count but at least the trust which people have lost in democracy will be restored," said Tewari.

The former union minister said the ongoing practice of cash transfers ahead of elections will surely bankrupt democracy and the nation and must be stopped immediately.

"You cannot win elections at the cost of the exchequer. This will absolutely bankrupt the nation and democracy. Also, if this goes on no government will ever change. You will keep transferring cash and getting reelected. Many states take loans to pay interest. Winning elections, forming a government is not an end in itself. We must ensure we leave democracy intact for future generations and not leave inter-generational equity to them," said Tewari.

On the issue of credibility of EVMs, Tewari suggested two solutions -- 100 per cent  VVPAT counting or return to paper ballots. He also lamented that the issue of SIR had still not been debated in courts.