"ECI's Form 6 Declaration Changes Spark Rule-Making Dispute"
Form 6
application form for fresh inclusion of a voter's name in the electoral roll.
Registration of Electors Rules, 1960
subordinate legislation under the RP Act 1950 prescribing electoral roll forms and procedures.
The Election Commission of India (ECI) is a constitutional body created under Article 324, which gives it superintendence, direction, and control over the preparation of electoral rolls and the conduct of elections. Two statutes support this constitutional mandate. The Representation of the People Act, 1950 governs the preparation of electoral rolls, while the Representation of the People Act, 1951 governs the actual conduct of elections. The specific forms voters use, including Form 6 for fresh registration, are not part of the Act itself. They are prescribed under the Registration of Electors Rules, 1960, a piece of subordinate legislation framed under the 1950 Act. Because these rules derive their legal force from the parent Act, changing a prescribed form is not an administrative choice. It requires a formal amendment to the rules, issued through a gazette notification by the Union Ministry of Law and Justice.
This distinction matters because the ECI's own powers, though wide, are not unlimited. Adjudication of disputes over an election's validity lies with courts and election tribunals under election law, not with the Commission itself. This shows that even a body with Article 324's broad supervisory mandate operates within a defined boundary. Powers not expressly given to it, such as the power to legislate or to alter statutory forms, remain with other authorities. The present dispute over Form 6 tests exactly this boundary: can the ECI, while implementing a rule, also informally reshape what that rule requires of citizens?
This question arose during the Special Intensive Revision (SIR) of electoral rolls, first carried out in Bihar and later extended to other states. The SIR required new applicants to submit documentary proof of citizenship and birth details, a process criticised for risking the exclusion of genuine voters lacking such documents. The Supreme Court has since examined the ECI's authority to conduct the SIR and to prescribe supporting declarations, upholding the Commission's position in a ruling delivered in the middle of this year.
Form 6 is the application form a citizen files to be included in the electoral roll for the first time. During the first phase of the SIR in Bihar, a separate declaration was attached to this form for the first time, asking applicants to specify their date of birth in one of three periods: before 1 July 1987, between 1 July 1987 and 2 December 2004, and after 2 December 2004. Depending on the period, the applicant had to submit different documents. Those born before 1987 needed only their own proof of birth or place of birth. Those born between 1987 and 2004 needed their own document plus one parent's document. Those born after 2004 needed their own document plus both parents' documents, and if either parent was not an Indian citizen, that parent's passport and visa valid at the time of the applicant's birth. This graded requirement mirrors how the Citizenship Act, 1955, as amended over the years, links citizenship by birth to a person's date of birth and parents' citizenship status. …
Consider the following statements:
1.Union Territories are not represented in the Rajya Sabha.
2.It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
3.According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
Which of the statements given above is/are correct?
Consider the following statements regarding Form 6 used for voter registration:
1.Form 6 is prescribed under the Registration of Electors Rules, 1960.
2.The Election Commission of India can amend the format of Form 6 through an administrative order of the full Commission.
3.Amendment of the Registration of Electors Rules, 1960 requires action by the Central Government through the Ministry of Law and Justice.
How many of the above statements are correct?
The power to amend the Registration of Electors Rules, 1960 vests with:
With reference to forms used by the Election Commission of India for electoral roll management, match List-I with List-II and select the correct answer using the codes given below:
List-I (Form)
A.Form 6
B.Form 7
C.Form 8
List-II (Purpose)
1.Objection to inclusion of a name / application for deletion
2.Application for fresh inclusion in the electoral roll
3.Correction of entries or shifting of residence
Which of the following statements about the composition of the Election Commission of India is/are correct?
1.The Commission functioned as a single-member body from 1950 to 1989.
2.It became a multi-member body on a permanent basis from October 1993.
Select the correct answer using the code below:
Assertion (A): The Election Commission of India cannot unilaterally alter the prescribed contents of a statutory form such as Form 6.
Reason (R): Under the doctrine of ultra vires, a body exercising delegated power cannot act beyond the authority conferred by the parent statute.
Which one of the following is correct?
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