The Election Commission of India has introduced a controversial new declaration section in the online Form 6, asking new voters about their parents' status in the Special Intensive Revision (SIR) of electoral rolls, bypassing the official amendment process.

Key Takeaways

  • The Election Commission has added an online declaration to Form 6 asking for parents' status in the Special Intensive Revision (SIR).
  • Under Section 28 of the Representation of the People Act, 1950, only the Central Government has the authority to amend electoral forms.
  • Over 5.58 crore names have been deleted from electoral rolls across 10 states and 3 UTs during the recent SIR drive.

In a significant and unannounced move, the Election Commission of India (ECI) has altered the online version of Form 6—the statutory application used for new voter registration—on its ECINET portal. The updated digital form now features a new declaration section requiring applicants to disclose whether their parents' names were registered during the last Special Intensive Revision (SIR) of electoral rolls. However, the physical downloadable copy of the form remains unchanged, sparking questions about the legality of this modification.

The Legal and Procedural Conflict

The introduction of this new section has raised serious legal concerns among constitutional experts. Under Section 28 of the Representation of the People Act, 1950, the power to amend rules and statutory forms lies solely with the Central Government (Ministry of Law and Justice), in consultation with the ECI. Former senior election officials have pointed out that the ECI does not possess the unilateral authority to modify these forms. "The EC cannot even add a comma to the form on its own," noted a former official, emphasizing that any such change requires a formal gazette notification by the Law Ministry.

Massive Deletions and the Potential Impact

This development comes against the backdrop of a massive clean-up drive by the ECI. Over 5.58 crore names have been deleted from electoral rolls across 10 states and 3 Union Territories since the SIR began last year. In West Bengal alone, over 27 lakh electors were deleted during adjudication, leaving them unable to vote in the April elections. By linking a new voter’s registration to their parents' presence in the previous SIR, experts fear that the children of those whose names were recently deleted could face systemic disenfranchisement.

Portal Functionality and Lack of Clarity

Though the new section is not explicitly marked as mandatory with an asterisk, applicants cannot proceed to submit the online form without filling it out. The portal forces users to select one of three options: their name exists in the last SIR, their parents' names exist in the last SIR, or neither exists. If an applicant selects the third option, the portal offers no clarity on how the application will be processed or if it will face arbitrary rejection, creating a cloud of uncertainty for first-time voters.