The Supreme Court of India has urged the Election Commission of India (ECI) to reconsider its approach regarding the re-registration of approximately 4.3 million residents in Delhi. These individuals had their names removed from the electoral rolls when they could not be located at their last known addresses. The court suggested that instead of requiring these voters to fill out Form 6 for new registrations during the ongoing special intensive revision (SIR), they should be allowed to restore their names using Form 8, which is designated for address changes.

The court expressed its disapproval of the ECI’s use of the “logical discrepancy” category to flag voters during the revision process. It raised concerns about the legality of this mechanism, indicating that it would require separate examination. The bench questioned whether the criteria applied involved any meaningful human judgement or were merely based on algorithm-driven patterns.

This method has reportedly led to the disenfranchisement of 2.71 million individuals in West Bengal, raising alarms about its implications for voter rights.

Call for Proactive Engagement with Voters

The bench, which included Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, urged the ECI to actively engage with voters rather than placing the onus on them to approach election officials. The court highlighted the large migrant population in Delhi, which frequently relocates for work, and suggested that the commission should reach out to those who may have been omitted from the draft electoral roll.

The court emphasised that individuals already on the 2026 electoral roll who have merely changed their residence should not be required to declare that they were never enrolled. It pointed out that temporary absences do not equate to permanent relocations and questioned the ECI’s procedures for those who have not shifted but were not served the appropriate forms.

Additionally, the court instructed the ECI to publish lists of voters whose enumeration forms were not received, providing their previous electoral details and advising them to contact the nearest booth-level officer (BLO). This information should be made readily available at polling booths to assist voters in establishing their registration status.

Future Steps and Legal Considerations

The Supreme Court’s intervention comes just days before the October 30 deadline for filing claims and objections in Delhi’s SIR, with the final electoral roll set to be published on December 4. The bench underscored the importance of providing every eligible voter a fair chance to confirm their entitlement, warning against a process that could lead to the loss of voting rights due to missed enumeration forms.

The court reiterated that the right to vote is fundamental and questioned whether a voter who missed the enumeration could permanently lose their opportunity to be included in the electoral rolls. It stated that the ECI should verify information submitted through Form 8 and conduct inquiries where doubts arise.

Naidu, representing the ECI, assured the court that the commission was developing procedures for this extensive exercise, which had not been undertaken in over two decades. The bench requested that the ECI return with details of the steps taken within two weeks, with Naidu indicating that the timeline for responses would be extended.

Concerns were also raised regarding the classification of nearly 1.934 million electors under “logical discrepancies” in Delhi. The court noted that while it had allowed the ECI to use this mechanism as an interim measure in West Bengal, it had not made a final ruling on its legality. The bench emphasised that the ECI must ensure that its procedures account for voters who were not reached during the revision process.

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