The Supreme Court on Monday clarified that it neither approved nor disapproved the Election Commission’s revised Form 6. Justice Bagchi said, "That does not mean it was either approved or disapproved by the Supreme Court." The court noted that the legality of the new voter registration form remains unexamined by them.

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New Delhi: The Supreme Court on Monday clarified that it has neither approved nor disapproved the Election Commission (EC)'s revised Form 6, which is used to register new voters. The court said the modified form was not in existence when it heard the Bihar Special Intensive Revision (SIR) case, and its earlier observations cannot be treated as a decision on the changes.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana made the clarification while hearing a petition challenging the EC's actions. The judges explained that the legality of the revised form had not been examined by the court.

"What was said was that when the Bihar SIR matter was before us, the new Form 6 was not there. That does not mean it was either approved or disapproved by the Supreme Court," Justice Bagchi said.

The clarification followed a submission by the petitioner's counsel, who alleged that the EC had presented the revised form as having the apex court's approval. The lawyer referred to the court's observations on October 5 and sought directions on the issue.

"On October 5, this court had already declared that Form 6 was not approved by the Supreme Court of India. But the Election Commission has published that the changed Form 6 has been approved by the Supreme Court. This is very important. I am seeking a direction regarding this," the counsel said.

Chief Justice Surya Kant told the lawyer that the issue had not been brought before the court for adjudication.

"There was no application concerning the new Form 6. That is all we have said. Whether approved or not approved. Don't pick up words like this only for yourself, please," the CJI said.

Form 6 is the statutory application used by people seeking to register as voters for the first time. The controversy arose after an additional declaration appeared along with the form on the ECI's ECINet portal during the SIR exercise.

The declaration asked applicants to state whether their names, or those of their parents or grandparents, appeared in an electoral roll from an earlier SIR. It also provided an option for applicants whose families did not appear in the earlier rolls.

The addition led to objections because applicants could not submit the online form without answering the declaration, even though the section was not marked as mandatory.

Critics argued that the requirement could make voter registration more difficult for young people whose families were absent from the older electoral rolls.

The dispute also involved the procedure followed to introduce the change. Under the Registration of Electors Rules, 1960, Form 6 is a prescribed statutory form. Questions were raised over whether the EC could add the declaration without first amending the relevant rules.

The Indian Express reported in September that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had objected to the change, describing it as "illegal" and "unauthorised".

According to the investigative report, Joshi had said in May that Form 6 could not be changed without amendments to the 1960 rules. Sandhu agreed with that position.

The report said the declaration subsequently appeared on the online form in July. Sandhu later called for its immediate removal, arguing that the change had been made despite the objections recorded by the two commissioners.

The EC rejected the suggestion that its decisions lacked collective approval. ECI sources said all three commissioners had approved the relevant SIR orders, while the commission described differing views as part of its decision-making process.

The commission had also said in a September 26 press note that the additional declaration attached to Form 6 during the SIR had been upheld by the Supreme Court. On October 5, the court said it had not approved the modification. Monday's clarification explained that the revised form had not been before the bench during the Bihar proceedings, so the court had not ruled on its validity.

The EC subsequently withdrew the additional declaration from Form 6 in states where the SIR exercise had been completed, according to The New Indian Express on September 30. The statutory Form 6 was still used for voter enrolment.

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