New Delhi, October 12: The Supreme Court has clarified that it neither approved nor rejected the Election Commission of India’s modified Form 6 for new voter registration, stating that the revised declaration was not before the court when it delivered its judgment on the Bihar Special Intensive Revision (SIR) of electoral rolls in May 2026.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana made the clarification on Monday while hearing a fresh petition concerning the functioning of Chief Election Commissioner Gyanesh Kumar and changes to the voter registration form.
The court’s observation addressed competing claims over whether its earlier judgment had endorsed the Election Commission’s revised declaration. Justice Bagchi said the court had not adjudicated on the new form because it did not exist when the bench decided the Bihar SIR case.
The petitioner’s counsel told the court that it had clarified on October 5 that the modified Form 6 had not received judicial approval, while the Election Commission had maintained that the Supreme Court had approved the changes. Justice Bagchi said the court’s earlier oral observations could not be interpreted as either endorsing or rejecting the revised declaration.
Chief Justice Surya Kant cautioned against selectively quoting the court’s remarks in news reports, saying, “Please don’t pick words for news items.”
The dispute centres on a change requiring applicants seeking registration as new voters to declare whether they or their parents were included in the previous SIR. The earlier version of Form 6, used during revision exercises in other states, did not contain this requirement.
The controversy intensified after the Election Commission issued a press release on September 26 suggesting that the Supreme Court had upheld the revised declaration in its May 2026 judgment on the Bihar SIR exercise. However, the modified form came after that judgment, leaving the court without an opportunity to examine its contents during those proceedings.
The changes have also raised questions about the Election Commission’s internal decision-making. Two Election Commissioners reportedly objected to the modification, arguing that the declaration could not be changed without the Central government amending the Registration of Electors Rules, 1960.
The issue has drawn a political confrontation between the ruling BJP and the Opposition. Leader of Opposition Rahul Gandhi alleged that the form had been altered unilaterally and illegally to benefit the BJP.
BJP spokesperson Sambit Patra rejected the allegation, arguing that the Supreme Court had neither declared the revised form illegal nor rejected it. He also disputed claims that the court had established any illegality in the modification.
The Supreme Court’s clarification establishes that its judgment in the Bihar SIR case did not determine the legality or validity of the modified Form 6.
