The Supreme Court on Monday clarified that it had neither approved nor disapproved the Election Commission of India’s (ECI) revised Form 6 for voter registration, stating that the issue had never been placed before it for consideration.
A Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi and Justice V Mohana said the revised form did not exist when the Court heard the Bihar Special Intensive Revision (SIR) matter. It clarified that its observations on October 5 could not be interpreted as approval or disapproval of the modification.
Justice Bagchi clarified that the Court’s previous reference to the absence of the new Form 6 during the Bihar SIR matter did not amount to either an approval or a disapproval by the Supreme Court.
The clarification came after a petitioner alleged that the ECI had represented the revised Form 6 as having received the Supreme Court’s approval.
Pointing out a discrepancy during the proceedings, the counsel submitted that while the Court had previously clarified on October 5 that Form 6 lacked judicial approval, the Election Commission had publicly claimed otherwise, prompting a request for official directions from the bench.
Clarifying that no formal application regarding the revised form had been placed before the bench, CJI Kant cautioned the counsel against misinterpreting the Court’s statements regarding its approval or disapproval.
Form 6 is used by individuals seeking registration as voters for the first time. The ECI is using it during the ongoing SIR of electoral rolls in several States.
The controversy arose after the ECI introduced an additional declaration requiring applicants to state whether their own name, or that of a parent or grandparent, appeared in an earlier SIR-era electoral roll.
Critics have argued that the requirement could create difficulties for first-time voters whose families were absent from previous electoral rolls. Questions have also been raised over whether the ECI could introduce the declaration without amending the Registration of Electors Rules, 1960.
According to media reports, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had also raised concerns over incorporating the declaration without amending the relevant rules.
The issue further escalated after reports emerged that applicants could not submit the online form without answering the declaration, although it was not marked as mandatory.
In a September 26 press note, the ECI had stated that the additional declaration introduced during the SIR had been upheld by the Supreme Court. On October 5, the Court clarified that it had not approved the modification.
The Bench reiterated on Monday that since the revised form had never been considered by it, there was no question of either approving or disapproving it.
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