The Supreme Court on Monday firmly clarified that it had never adjudicated upon or approved the Election Commission of India’s (ECI) modified Form 6—the statutory application used by citizens to register as voters—warning counsel against misinterpreting its past orders.
Addressing a fresh writ petition, a three-judge bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana emphasised that the modified version did not exist when the court examined the Special Intensive Revision (SIR) of electoral rolls in Bihar earlier this year.
“Observations made by this court do not amount to constitutional adjudication. There has been no adjudication on the new Form 6, and that is all we have said,” the bench told the petitioner’s counsel, adding, “Whether approved or not approved… that was not there. Do not put words in our mouth.”
Background of the Controversy
The controversy erupted after the ECI issued a press note on Sept 26 claiming that the top court had upheld a newly appended declaration in Form 6 for the SIR exercise. The additional declaration requires first-time voters or re-enrollees to state whether their own name, or that of a parent or grandparent, appeared in previous SIR rolls.
Petitioners contend that altering the online form on the ERONet portal without amending the underlying Registration of Electors Rules, 1960, violates Section 28 of the Representation of the People Act, 1950.
Reports also indicate that Election Commissioners Vivek Joshi and Sukhbir Singh Sandhu had previously raised procedural objections regarding the modifications.
Justice Bagchi reiterated that the CJI’s earlier Oct 5 remarks merely noted that the modified form was non-existent during the Bihar SIR ruling, which cannot be construed as a judicial seal of approval or rejection.
The top court has agreed to examine the legal validity of the modified form and directed the matter to be listed alongside a broader batch of petitions challenging ECI decision-making processes on Oct 27, 2026.
