NEW DELHI — The Supreme Court of India today clarified that it has not approved any “modified” Form 6 issued by the Election Commission of India (ECI) for new voter registration.
A bench led by Chief Justice of India Surya Kant made the observation while hearing a petition questioning whether Chief Election Commissioner (CEC) Gyanesh Kumar unilaterally exercised powers constitutionally vested in the full multi-member commission. The top court stated it will examine the issue in detail once all official records are presented to assess how the form was altered.
Key Highlights of the Proceedings
-
Supreme Court Stance: CJI Surya Kant explicitly stated that any modification to Form 6 has not been approved by the court, noting that the bench will determine who altered the form after reviewing official records.
-
Core Issues Raised:
-
Declaration Requirement: In July, the ECI added an additional declaration to Form 6 requiring new applicants to link their details with parental or grandparent records from prior electoral rolls as part of its Special Intensive Revision (SIR) exercise.
-
Procedural Validity: Form 6 forms part of the Registration of Electors Rules, 1960, which can only be modified through formal statutory amendments.
-
Inter-Commission Disagreements: Reports cited in court indicated Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on at least 14 occasions regarding SIR orders issued without full panel concurrence.
-
RTI Disclosure: Trinamool Congress MP Saket Gokhale highlighted an RTI response from the Union Law Ministry indicating no formal proposal had been received from the ECI to amend Form 6 or its underlying rules.
-
Legal & Regulatory Implications
-
Procedural Integrity: Highlights strict judicial boundaries surrounding statutory amendments under the Registration of Electors Rules, 1960.
-
Multi-Member Governance: Re-examines internal decision-making protocols within the ECI to enforce collective decision-making between the Chief Election Commissioner and Election Commissioners.
-
Voter Onboarding Impact: Directly affects new voter registration mechanics under the ongoing Special Intensive Revision (SIR) drive.
