The Supreme Court on Monday questioned the basis for changes made to Form 6, the statutory document used for fresh voter registration, with Chief Justice of India Surya Kant stating that the court had not approved any modified version of the form, according to Nagpur Today. The Election Commission, however, clarified that Form 6 itself was not modified, but an additional declaration form was introduced, according to The Times of India.

Chief Justice Surya Kant observed, "Any modified Form 6 has not been approved by us. Let’s be clear. When the record is produced, we would like to see who has modified," as reported by Nagpur Today. This statement followed his observation regarding the approval of a modified Form 6, according to The Times of India.

The Election Commission officials denied accusations of illegal changes to the form, which were made by Leader of Opposition Rahul Gandhi, according to The Times of India. The Commission referred to a previous press note for clarification, The Times of India reported.

Details of the Controversy

The controversy centers on the Election Commission's decision to attach an additional declaration to Form 6 in connection with the Special Intensive Revision (SIR) of electoral rolls, Nagpur Today reported. The additional declaration requires new applicants to provide details establishing a link between themselves, their parents or grandparents, and electoral rolls prepared during an earlier intensive revision, according to Nagpur Today.

The Election Commission has maintained that this declaration was specifically linked to the SIR exercise, Nagpur Today stated. On September 26, the poll panel said the declaration attached to Form 6 had been upheld by the Supreme Court in its judgment relating to the Bihar SIR, according to Nagpur Today.

Following a meeting of the full poll panel, which included Chief Election Commissioner (CEC) Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, the Election Commission modified its approach, Nagpur Today reported. The EC clarified that the additional declaration would be used only during the SIR period. In states and Union Territories where the revision exercise had already been completed, the declaration was withdrawn from the ECINET app and portal, as well as the respective Chief Electoral Officer websites, according to Nagpur Today. Applicants in these states are now required to submit only the statutory Form 6 prescribed under the Registration of Electors Rules, 1960, Nagpur Today added. However, the additional declaration continues to be available in states and Union Territories where the SIR exercise is still underway, Nagpur Today reported.

After its September 26 meeting, the Election Commission had stated that the declaration attached to Form 6 was intended specifically for SIR, and that during the non-SIR period, forms prescribed under the Registration of Electors Rules, 1960, would be used, according to Nagpur Today.

Context and Background

The Chief Justice of India's remarks assume significance amid the ongoing controversy. The Supreme Court was hearing petitions challenging decisions allegedly taken by the Election Commission without the approval of its two Election Commissioners, including pleas seeking the suspension of Chief Election Commissioner Gyanesh Kumar, Nagpur Today reported.

The issue came into sharp focus following a report that the two Election Commissioners had raised objections to the modifications, according to Nagpur Today. They reportedly contended that Form 6 is prescribed under the Registration of Electors Rules, 1960, and therefore could not be altered merely through an instruction issued by the Election Commission, Nagpur Today stated. According to these objections, any substantive change would require the Central Government to first amend the relevant rules, Nagpur Today added.

Implications and Next Steps

The Supreme Court’s latest observation brings the focus back to a crucial question: who authorized the modification of a statutory voter-registration form and under what legal provision, Nagpur Today reported. The Chief Justice of India's direction to examine the record could put the decision-making process within the poll panel under closer judicial scrutiny, according to Nagpur Today.