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Form 6 Dispute Tests Legal Limits of Electoral Roll Revision
Form 6 is the application used by people who want to become voters.
In July, an online version asked applicants about whether they or their family members appeared on an earlier SIR voter roll.
The Election Commission said it had not changed Form 6 itself.
It said the extra declaration was part of the SIR process.
The Supreme Court had earlier said the Commission had some power over SIR documents.
However, that power was not unlimited.
On 30 September, the Commission removed the extra declaration in places where SIR was finished.
The article says the prescribed form should not be changed outside an ongoing SIR.
From July, online Form 6 applicants had to declare whether they or certain relatives appeared in the last SIR roll.
The declaration covered the applicant, a parent, or a grandparent.
Form 6 is prescribed by the 1960 Rules, which only the Central Government can amend.
The Election Commission of India said the form itself was unchanged and the declaration was required under SIR.
On 30 September, the Commission restored the original Form 6 where SIR had concluded, while retaining the declaration elsewhere.
- Who
- The Election Commission of India, the Supreme Court, and applicants using Form 6.
- What
- A dispute over whether an additional SIR-related declaration could be required in Form 6.
- Where
- In states where the SIR had concluded, and in states where the exercise continued.
- When
- The declaration began appearing online in July; the original form was restored on 30 September in completed-SIR states.
- Why
- The issue concerned whether the prescribed Form 6 could be altered without an amendment to the 1960 Rules.
Commission's Position
Legal Critique
Authority for the declaration
Commission's Position
The Election Commission maintained that Form 6 itself was unchanged and that the additional declaration arose from the SIR process.
Legal Critique
The article argues that outside an SIR, Section 21(3) provides no basis for departing from the prescribed form.
Scope of documentation powers
Commission's Position
The Commission relied on its authority to require documentation connected with SIR exercises.
Legal Critique
The Supreme Court's May judgment recognized some residual authority but not an unbounded power to alter documentation requirements.
Restoration of the original form
Commission's Position
The Commission restored the original Form 6 in states where SIR had concluded while keeping the declaration where SIR continued.
Legal Critique
The restoration is described as welcome, but the article maintains that the original form should apply whenever no SIR is underway.
Key facts
- Form involved
- Form 6, prescribed by the 1960 Rules
- Additional requirement
- A declaration about whether the applicant, a parent, or a grandparent appeared in the last SIR roll
- Rules authority
- The 1960 Rules can be amended only by the Central Government
- Commission position
- The Election Commission said Form 6 was unchanged and the declaration was an SIR requirement
- Supreme Court position
- The Commission has some residual authority over SIR documentation, but not an unlimited authority
- 30 September action
- The original Form 6 was restored where SIR had concluded
- Continuing SIR exercises
- The declaration was retained where the SIR continued
Sources
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