Supreme Court: ECI's new Form 6 neither approved nor rejected by bench
Synopsis
Key Takeaways
The Supreme Court on Monday, 12 October 2026, clarified that it had not adjudicated on the Election Commission of India (ECI)'s modified Form 6 declaration for new voter registration, stating that the revised form was not before the court when it ruled on the Bihar Special Intensive Revision (SIR) of electoral rolls case.
What the Court Said
A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana made the clarification while hearing a fresh petition raising concerns over the functioning of Chief Election Commissioner (CEC) Gyanesh Kumar and the changes to Form 6. Justice Bagchi stated unequivocally: 'There is no adjudication on the new Form 6,' adding that the revised declaration did not exist when the Bihar SIR judgment was delivered and that the court's earlier oral remarks could not be construed as either approving or disapproving it.
CJI Surya Kant also cautioned against selectively reading the court's observations for media purposes, saying: 'Please don't pick words for news items.'
The ECI's Disputed Press Release
The clarification comes after the ECI issued a press release on 26 September 2026 suggesting that the Supreme Court had upheld the revised declaration in its May 2026 judgment on the Bihar SIR exercise. However, the modified Form 6 declaration was introduced after that judgment, meaning the apex court had no occasion to examine its contents. Counsel for the petitioner had submitted that the court had, on 5 October 2026, already noted that the modified Form 6 had not received its approval — a position the ECI had contested.
What the Revised Form 6 Requires
Under the modified declaration, applicants seeking fresh voter registration must disclose whether they or their parents were included in the previous SIR exercise. The earlier version of Form 6, used during SIR exercises in other states, did not carry this requirement. According to reports, two Election Commissioners had objected to the modification on the ground that altering the declaration required a formal amendment to the Registration of Electors Rules, 1960 by the Central government — a process that was reportedly not followed.
Political Row and Allegations
Leader of Opposition Rahul Gandhi alleged that Form 6 had been altered unilaterally and illegally to benefit the Bharatiya Janata Party (BJP). The BJP rejected the allegations; party spokesperson Sambit Patra maintained that the Supreme Court had neither declared the form illegal nor rejected it, and disputed the interpretation that the apex court had found any illegality in the modification. The controversy has intensified the broader political debate over the ECI's internal decision-making processes and its institutional independence.
What Happens Next
The fresh petition before the Supreme Court continues to be heard, and the court's eventual ruling on the validity of the modified Form 6 — and the process by which it was introduced — will have direct implications for new voter registrations across the country. The case is being closely watched by opposition parties, civil society groups, and election law experts alike.