The Supreme Court has clarified that it neither approved nor disapproved the revised Form 6 declaration used by the Election Commission of India (ECI) for new voter registration. This statement emerged from a hearing held on Monday, which focused on the validity of the changes made to the form. The bench, which included Chief Justice of India (CJI) Surya Kant along with Justices Joymalya Bagchi and V Mohana, emphasised that the revised form did not exist at the time of the court’s previous judgment in May 2026 regarding the Bihar Special Intensive Revision (SIR) matter.

The bench reiterated that prior remarks made on October 5 should not be seen as an endorsement or rejection of the new declaration. Justice Bagchi specifically stated that the fact the new Form 6 was absent during the court’s consideration of the Bihar SIR case does not imply the Supreme Court has either approved or disapproved it.

Details of the Petitioner’s Argument

The clarification from the court came in response to arguments presented by counsel for a petitioner, who claimed that the ECI had suggested the revised Form 6 was endorsed by the Supreme Court. This prompted a request for directions concerning observations made by the court on October 5. The counsel insisted, “On October 5, this court had already declared that Form 6 was not approved by the Supreme Court of India.” The counsel expressed concern that the ECI was misrepresenting the situation by suggesting the altered Form 6 had received judicial approval.

In reaction to these claims, CJI Surya Kant warned the counsel against misinterpreting the court’s earlier comments. He asserted that no application regarding the revised Form 6 had been made before the court, reaffirming that the bench had not addressed whether it was approved or not. The emphasis was placed on not selectively interpreting the court’s words for one’s benefit.

As this discussion unfolded, the court was hearing a writ petition filed by Priya Mishra related to the ECI’s functioning. The bench underscored that the validity of the revised Form 6 had not been assessed in the context of the Bihar SIR judgment, leaving the matter open for future examination.

Nature of the Controversy Surrounding Form 6

Form 6 serves as the application form for eligible citizens aiming to register as new voters. The recent controversy centres around an added declaration in the online version of the form during the SIR exercise. The new requirement obligates applicants to disclose whether they or their parents were included in any previous SIR. This additional declaration marks a significant shift from the earlier Form 6 used in other states, which did not necessitate such disclosures.

The introduction of this declaration has stirred controversy, especially after concerns were raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi over whether these changes could be implemented without amending the Registration of Electors Rules, 1960, by the Central Government. This raises critical questions regarding the procedural legitimacy of the revisions made to Form 6.

On September 26, the ECI issued a press release indicating that the Supreme Court had upheld the revised declaration during its May 2026 ruling on the Bihar SIR. However, this assertion seems to conflict with the timeline, as the new declaration had been introduced post-judgment, with the court not having reviewed it in the original case.

The Supreme Court has agreed to issue a notice concerning the ongoing petition and has scheduled the next hearing for October 27. This will take place alongside other related petitions that dispute the decisions made by Chief Election Commissioner Gyanesh Kumar.

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