SC distances itself from Form 6 tweaks, issues notice to EC, Pg1

Key Highlights:

• The Supreme Court has distanced itself from controversial alterations made to Form 6 for new voter registration during the Special Intensive Revision (SIR) of electoral rolls.
• A three-judge Bench, led by Chief Justice of India Surya Kant, clarified that the modifications to Form 6 were not made by the Supreme Court.
• The Court issued notice to the Election Commission (EC) regarding two petitions seeking the suspension of Chief Election Commissioner (CEC) Gyanesh Kumar over allegations of bias and procedural overreach.
• The petitions also raised concerns about the immunity from legal proceedings granted to the CEC and Election Commissioners under the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act of 2023.

Detailed Insights:

• The Supreme Court's oral observation came during a hearing concerning alleged unilateral decisions by the CEC during the SIR process.
• Petitioners argued that the changes to Form 6 were unlawful and threatened the democratic process, citing significant deletions from electoral rolls in states like Delhi and West Bengal.
• Form 6 is a statutory application used by citizens to register as voters, and its online version was reportedly modified to include questions related to previous SIRs.
• The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act of 2023 provides immunity to the CEC and Election Commissioners from civil or criminal proceedings for actions taken in their official capacity, even after demitting office.
• This immunity provision has been a point of contention, with critics arguing it could shield officials from accountability, unlike judges who do not enjoy such lifelong protection.
• The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering elections and maintaining accurate electoral rolls.
• The SIR is an exercise undertaken by the ECI to verify and revise electoral rolls through methods like house-to-house enumeration, aiming to ensure accuracy and remove duplicate or ineligible entries.

Key Concepts Involved:

• Form 6: The statutory application form used by Indian citizens to apply for inclusion of their name in the electoral roll.
• Special Intensive Revision (SIR): A systematic process conducted by the Election Commission of India to update and purify electoral rolls by verifying voter details and removing inaccuracies.
• Election Commission of India (ECI): An autonomous constitutional body responsible for the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President.
• Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act of 2023: A parliamentary act that regulates the appointment, conditions of service, and term of office of the CEC and Election Commissioners, replacing previous legislation.