CJI says Supreme Court did not approve Form 6 changes: What the form is, why it matters

Indian Polity and Governance · 6 October 2026 · Based on Indian Express (original report)

2-minute summary

Chief Justice of India Surya Kant clarified that the Supreme Court did not approve any modifications to Form 6, used for voter registration and deletion by the Election Commission of India. While hearing petitions against Chief Election Commissioner Gyanesh Kumar, a three-judge bench stated it would examine who authorized the changes after receiving a report from the EC. The controversy arose following an investigative report revealing that two Election Commissioners had flagged 'unauthorised and illegal' insertions into the online version of Form 6 on the ECINET portal regarding the Special Intensive Revision (SIR). Under Section 28 of the Representation of the People Act, 1950, only the central government can amend voter enrollment forms through rules notified in the official gazette after consulting the Election Commission. Following objections and petitions, the EC announced the removal of the SIR declaration from the online portal where SIR had concluded, but the legal questions surrounding institutional procedure and executive authority remain central to the ongoing judicial scrutiny.

Why it's in the news

Chief Justice of India Surya Kant stated that the Supreme Court did not approve modifications made to Form 6 for voter registration, bringing institutional friction within the Election Commission and executive rule-making powers under judicial scrutiny.

Facts to remember

Form 6 is the statutory form for new voter registration and deletion re-application under the Registration of Electors Rules, 1960.
Section 28 of the Representation of the People Act, 1950 empowers the Union government to make rules for the registration of electors after consulting the Election Commission.
Article 326 of the Constitution guarantees the right to adult suffrage for citizens ordinarily resident in a constituency.
The controversial modifications in Form 6 introduced questions linked to the Special Intensive Revision (SIR) into the online portal ECINET.

Background and context

The Election Commission of India is a constitutional body established under Article 324 to superintend, direct, and control elections. The procedural framework for electoral rolls is governed by the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960. Traditionally, changes to statutory forms require formal legislative rule-making and notification by the Ministry of Law and Justice. The recent controversy involving the national rollout of the Special Intensive Revision (SIR) highlights tensions over administrative procedures, digital portal modifications (ECINET), and decision-making consensus among members of the Election Commission, drawing judicial review from the Supreme Court.

Constitutional provisions

Article 324 — Provides for the superintendence, direction, and control of elections to be vested in an Election Commission.
Article 326 — Guarantees elections to the House of the People and the Legislative Assemblies of States to be on the basis of adult suffrage.

Previous UPSC questions on this theme

Mains GS-2 2026 — Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters?

Mains practice: Examine the legal framework governing voter enrolment forms in India and discuss the institutional checks necessary for maintaining the credibility of the Election Commission.

Introduction:

The credibility of India's democratic framework rests on transparent and legally sound electoral management. The recent controversy surrounding unauthorized modifications to Form 6 highlights critical questions regarding statutory rule-making and institutional integrity within the Election Commission of India (ECI).

Body:

• Legal and Statutory Framework: Under Section 28 of the Representation of the People Act, 1950, the Union government, after consulting the Election Commission, is empowered to make rules for carrying out the purposes of the Act, which includes framing forms like Form 6 under the Registration of Electors Rules, 1960.

• Executive vs. Administrative Discretion: Alterations to statutory electoral documents require formal amendments and gazette notifications by the Ministry of Law and Justice, ensuring legislative oversight rather than unilateral administrative changes on portals like ECINET.

• Institutional Cohesion: Internal dissent among Election Commissioners regarding unprocedural rollouts, such as the Special Intensive Revision (SIR), underscores the need for collegiate functioning and transparency within multimember constitutional bodies.

• Judicial Oversight: As noted by the Supreme Court, executive or administrative modifications lacking statutory backing remain subject to judicial review under Article 32 and Article 142 to safeguard citizens' voting rights under Article 326.

Way Forward:

• Strict adherence to statutory rule-making procedures must be maintained for all digital and physical electoral forms.

• Institutional mechanisms within the ECI should ensure consensus-building and transparent recording of dissenting views among Commissioners.

• Digital electoral infrastructure (such as ERONET and ECINET) must align strictly with parent legislation to prevent administrative overreach.

Conclusion:

Preserving the sanctity of electoral rolls is paramount for constitutional democracy; upholding institutional accountability and strict adherence to statutory limits ensures public trust in India's electoral democracy.

Prelims practice questions

Q1. Consider the following statements regarding the amendment of voter enrolment forms in India: 1. Form 6 is governed under the Registration of Electors Rules, 1960. 2. The Election Commission of India has the sole independent power to amend voter registration forms without any notification by the Union Government. 3. Article 326 of the Constitution guarantees the right to adult suffrage for eligible citizens. How many of the above statements are correct?

Only one
Only two
All three
None

Answer: B. Statement 1 is correct because Form 6 is part of the Registration of Electors Rules, 1960. Statement 2 is incorrect because under Section 28 of the Representation of the People Act, 1950, only the Central Government can make rules and notify amendments after consulting the Election Commission. Statement 3 is correct because Article 326 guarantees adult suffrage. Therefore, exactly two statements are correct.

Q2. With reference to the statutory framework of elections in India, consider the following statements: 1. Section 28 of the Representation of the People Act, 1950 empowers the Central Government to make rules for the registration of electors. 2. The Election Commission of India is a multi-member body whose administrative procedures are anchored under Article 324 of the Constitution. Which of the statements given above is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2

Answer: C. Statement 1 is correct since Section 28 of the RP Act, 1950 empowers the Union Government to make rules after consulting the ECI. Statement 2 is also correct as Article 324 establishes the Election Commission and provides for its composition and superintendence over elections.

Q3. Which of the following bodies is legally empowered under statutory provisions to notify amendments to the rules and forms for the registration of electors in India?

The Supreme Court of India through suo motu directions
The Chief Election Commissioner by executive fiat
The Central Government upon consultation with the Election Commission
The Chief Electoral Officers of respective States and Union Territories

Answer: C. Under Section 28 of the Representation of the People Act, 1950, the Central Government is empowered to make rules and notify changes for carrying out the purposes of the Act after consulting the Election Commission. The other options do not possess the statutory rule-making power for electoral forms.

Revision flashcards

Which statutory rule governs Form 6 used for voter registration and deletion in India? The Registration of Electors Rules, 1960.
Which provision of the Representation of the People Act, 1950 empowers the Central Government to make rules regarding the registration of electors? Section 28 of the Representation of the People Act, 1950.
What key clarification was issued by the Supreme Court in October 2026 regarding Form 6? The Supreme Court clarified that it had not approved any modifications made to Form 6.
What constitutional article guarantees the right to adult suffrage for eligible citizens in India? Article 326 of the Constitution of India.
Why do modifications to electoral forms require gazette notification by the Union Government? Because statutory rules and forms derive their legal authority from parent legislation enacted by Parliament, preventing unilateral executive or administrative alterations.