EC changes Form 6 for new voters, inserts section asking them about parents in SIR, Pg1
Election Commission controversially modifies online Form 6 for new voters, adding parent details without statutory amendment, sparking legal and procedural concerns.
The Election Commission of India (ECI) has introduced a new section in the online Form 6 for new voter registration, requiring applicants to provide details about their parents' status in the last Special Intensive Revision (SIR).
This change was implemented without formally amending the statutory form, which legally requires action by the Central Government under Section 28 of the Representation of the People Act, 1950.
Over 5.58 crore names have been deleted from electoral rolls across 10 states and three Union Territories during the ECI's SIR process.
The new section, while not explicitly marked mandatory, prevents applicants from submitting the online form until it is completed.
Detailed Insights:
The ECI unilaterally inserted this new declaration part between sections 'J' and 'K' of the online Form 6, but it is absent from the physical form available for download.
Section 28 of the Representation of the People Act, 1950, mandates that the Central Government, after consulting the Election Commission, is empowered to make rules and amend forms through notification in the Official Gazette.
Former ECI officials have emphasized that any alteration to the prescribed forms necessitates an amendment and notification by the Law Ministry, as the ECI does not possess independent authority to do so.
A precedent for proper procedure was set in June 2022 when the Legislative Department of the Law Ministry amended Form 6 following a 2021 parliamentary amendment to allow the collection of Aadhaar numbers.
The Special Intensive Revision (SIR) is a comprehensive exercise undertaken by the ECI to verify and update electoral rolls, aiming to remove duplicate, deceased, or ineligible voters and include eligible citizens.
The SIR process has been controversial, with significant deletions, such as over 27 lakh electors in West Bengal, raising concerns about voter exclusion and the transparency of the process.
The new section in Form 6 asks applicants to trace their or their parents' names, Assembly constituency, booth number, and serial number from previous SIRs, which could date back to the early 2000s.
The Registration of Electors Rules, 1960, framed under the Representation of the People Act, 1950, provide the detailed operational framework for the preparation and maintenance of electoral rolls.
The Constitution of India guarantees the right to be enrolled as an elector for all adult citizens who are ordinarily resident in a constituency and are not otherwise disqualified.
Key Concepts Involved:
Form 6: The official application form for inclusion of a name in the electoral roll.
Special Intensive Revision (SIR): A detailed exercise conducted by the Election Commission of India to verify and update electoral rolls for accuracy.
Representation of the People Act, 1950: The primary Indian legislation governing the preparation and revision of electoral rolls and the delimitation of constituencies.
Registration of Electors Rules, 1960: Rules framed under the Representation of the People Act, 1950, outlining the procedural aspects of electoral roll management.
Election Commission of India (ECI): An autonomous constitutional authority responsible for administering election processes in India.