What is the Controversy in Election Commission of India? What is Form 6 of the Election Commission of India and who has the authority to modify it?

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 An investigative report of the  Indian Express, published on 23 September, 2026 indicated that there is  deep division among the members of the Election Commission of India. The report revealed that the  Chief Election Commissioner (CEC) Gyanesh Kumar and the two Election Commissioners (ECs), Sukhbir Singh Sandhu and Vivek Joshi  do not go hand in hand on many issues related with the voter registration and verification under the ongoing Special Intensive Revision of voter rolls across the country . The  two Election Commissioners have formally recorded objections on file at least 14 times over a 10-month period against key decisions and orders issued by the Election commission, particularly the following orders of the ECI:

1.Modifications in the Form 6: The report suggested that the CEC has modified the Form 6, in spite of the objection of the two Election Commissioners on the ground that the Election Commission does not have authority to modify this form. The modified Form 6 was used in Special Intensive Revision (SIR) the Chief Election Commissioner inserted additional questions in this form asking the prospective voters to indicate whether the person himself or his parents or his grandparents had voting rights in the last list issued after the last Intensive verification.

2.Centralization of the Electoral Database: According to the Indian Express Report, the two Election Commissioners strongly opposed the centralized control of the ECINet/ERONet digital platforms of the Election Commission. This platform is used for electoral services  and at present is managed by the Director General (IT) in New Delhi, bypassing state officials and restricting the decentralized, statutory access of local Electoral Registration Officers (EROs). Thus, its centralized management violated provisions of the Representation of the People Act, 1950. The two Election Commissioner objected to it.

It should be noted that the Election Commission is a collegiate body and its decisions are to be taken either by consensus or by the majority votes of the 3 members of the Election Commission. According to the Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the Election Commission of India should, as far as possible, take decisions unanimously, and any differences among the members shall be resolved through a majority view.

Political Controversy

The above revelation by the report of the Indian Express led to political controversy as opposition parties led by the INDIA bloc have alleged the mass deletion of eligible voters after Special Intensive Revision in favour of the ruling party. Nearly names of 13 crore were removed after the Special Intensive Revision. But it is a matter of investigation as who are these deleted voters, because deleted voters also included dead, absent, double entry voters and foreign nationals who got voting rights fraudulently. The INDIA bloc is demanding the resignation  of the Chief Election Commissioner. Also, the CJP called for massive protests on 10 October, 2026 demanding the resignation of the Chief Election Commissioner. But the Delhi Police did not give permission to hold protest at Jantar Mantar. Consequently, CJP leaders and their supporters were arrested before they could reach Jantar Mantar the designated lace for protests.

The matter has been raised in the Supreme Court also. The Court has clarified that it has not approved any modified Form 6.

The Election Commission’s Stance: In its official response, the Election Commission of India acknowledged the recorded objections but downplayed their gravity, labeling them standard internal suggestions and inputs part of routine democratic deliberations. The ECI maintained that all final administrative outcomes of the past year were ultimately unanimous. The Election Commission has also officially denied about changing the FORM 6 beyond the declaration page.

What is Form 6 and Who has the Authority to Modify it?

The election commission uses various forms for the voter registration and deletion of names of duplicate voters as well as change in the address of the voters: Some of these forms are:

Form 6: It is used for the registration of a new voter or the voter which is mentioned in the list  issued after the past Special Intensive Registration carried out in phases in different states between 2002-2004.

Form 6A: it is used for the registration of the Non-resident Indian voters.

Form 6B: it is used for linking the Aadhar card of the voter with his name in the voter list as well as Voter Identity card.

Form 7: it is used for the deletion of the name of the voter if he/she has names in two places or if voter has died.

Form 8: this form is used for change in the permanent address by the Voter.

These forms and other forms are provided under the Registration of Electors Rules, 1960, which  are statutory rules enacted by the Ministry of Law (Central Government) under Section 28 of the Representation of the People Act, 1950.

Thus, any modification and change in any of the  Forms  provided in the 1960 rules can be done only by the Law Ministry (Central Government). The Election Commission of India is not authorized to modify these Forms.

However, the Election Commission has clarified that the modified Form 6 was used only for the Special Intensive Revision exercise and for all other times the old Form 6 will be used. But it should be noted that the right to conduct Special Intensive Revision by the Election Commission is also provided under section 21(3) the People Representation Act, 1950  Hence any matter provided under the  PRA act, 1950 has to be regulated only under the rules framed by the Law Ministry. These rules are subordinate legislation permitted by the Parliament (Section 28A of the PRA, 1950) and are kept for 30 days in both Houses of parliament before they are enforced.

Thus, in legal terms, the Election Commission does not have any authority to change the Forms provided in the Registration of Electors Rules, 1960. However, the Election Commission has the power to conduct the Special Intensive Revision of Voter list under Section 21 (3) of the People Representation Act, 1950.

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