New Delhi, October 12: The Supreme Court on Monday clarified that it had never adjudicated the validity of the Election Commission of India's (ECI) modified Form 6, used for voter registration during the Special Intensive Revision (SIR) of electoral rolls. The court said the issue would be examined on October 27, when a batch of petitions concerning the SIR exercise is scheduled to be heard.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana made the clarification while hearing submissions relating to a fresh writ petition challenging the additional declaration introduced alongside Form 6.
The court emphasised that its earlier observations should not be interpreted as either approval or rejection of the modified form.
“Observations made by this court do not amount to constitutional adjudication. There has been no adjudication on the new Form 6 and that is all we have said,” the bench told the counsel.
Justice Joymalya Bagchi further explained that the court's remarks on October 5 meant only that the modified form did not exist when the Supreme Court delivered its judgment on the Bihar SIR exercise. He clarified that this did not establish whether the court had approved or disapproved of the subsequent changes.
Dispute over additional declaration
The controversy centres on an additional declaration reportedly introduced in the online Form 6 registration process during the ongoing SIR exercise. Under the declaration, applicants are asked whether their own names, or those of their parents or grandparents, appeared on the electoral roll prepared during the previous SIR.
The change has raised questions about its legal basis and its potential implications for first-time voters and people seeking to have their names restored to electoral rolls.
Form 6 is the statutory application prescribed under the Registration of Electors Rules, 1960, for individuals seeking inclusion in the electoral rolls. The legal challenge questions whether an additional requirement can be introduced through an online form without following the prescribed statutory procedure.
The ECI has maintained that the statutory Form 6 itself was not altered and that the additional declaration was introduced specifically for the SIR exercise. In a September 26 press note, the Commission said the Supreme Court had upheld the additional declaration.
However, the court's clarification on Monday makes clear that it had not adjudicated the validity of the modified form.
October 27 hearing to examine the issue
The Supreme Court said it would examine the matter after the issue was brought to its attention and directed that the petition be listed alongside other cases concerning the SIR exercise on October 27.
On October 5, the bench had sought records to determine who authorised the changes and what they involved. The court had also made clear that it had not sanctioned the modifications.
The legal dispute has become significant amid the wider controversy surrounding the SIR process, with opposition parties raising concerns about voter eligibility, possible exclusions and the Election Commission's authority to introduce additional verification requirements.
The October 27 hearing is expected to bring the legality of the additional declaration under judicial scrutiny. Until the court examines the issue, the validity of the modified Form 6 remains a matter for consideration rather than a question already decided by the Supreme Court.
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