‘Modified Form 6 not approved by us’: SC contradicts EC’s SIR claim

The Supreme Court on Monday orally clarified that it had not approved any modification to Form 6, the form used by people seeking to register as voters for the first time, which is being used by the Election Commission of India (ECI) during the Special Intensive Revision (SIR) of electoral rolls.

A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana made the observation while hearing a public interest litigation (PIL) seeking action against Chief Election Commissioner (CEC) Gyanesh Kumar.

The PIL was filed following a recent Indian Express report that claimed the CEC had taken several decisions concerning the SIR of electoral rolls unilaterally, despite objections from two of the three Election Commissioners.

During Monday's hearing, Senior Advocate Menaka Guruswamy, appearing for the petitioner, raised concerns over changes made to Form 6, which eligible citizens use to apply for inclusion in electoral rolls.

Responding to the submission, CJI Kant said: “Any modified Form 6 has not been approved by us. Let us be clear. When the record is produced, we would like to see who has modified.”

The modified Form 6 carries an additional declaration requiring applicants seeking inclusion in the electoral roll 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 declaration could create an additional hurdle for first-time voters, particularly those whose families were not included in the earlier rolls. They have also questioned whether the ECI could alter a statutory form without following the procedure for amending the relevant rules.

The requirement had reportedly also drawn objections from Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi. According to The Indian Express, they had raised concerns over the inclusion of the declaration without an amendment to the Registration of Electors Rules, 1960.

The issue was further complicated by reports that applicants could not submit the online form without answering the declaration, even though it was not marked as mandatory.

The Supreme Court's clarification on Monday came days after the ECI, in a September 26 press note, said that the additional declaration attached to Form 6 during the SIR exercise had been upheld by the Court.

“The declaration attached to Form 6 for SIR has been upheld by the Hon’ble Supreme Court. For non-SIR period, the Forms applicable as per Rules (the Registration of Electors Rules 1960) will be used,” the ECI statement said.

The ECI was referring to the Supreme Court's May 27, 2026, judgment on the SIR exercise in Bihar, in which the Court considered the ECI's power to require additional documentation for the revision of electoral rolls.

The additional declaration currently attached to Form 6 was introduced subsequently.

The ECI has maintained that Form 6, the statutory form prescribed for inclusion of a person's name in the electoral roll, was not amended per se. According to the ECI, the declaration was an additional requirement applicable during the SIR exercise.
(With Bar and Bench inputs)