Supreme Court questions Election Commission on use of Form 6, ‘logical discrepancy’ notices to voters amid SIR
- On Wednesday, the Supreme Court questioned the Election Commission of India's authority to permanently disenfranchise citizens for failing to return enumeration forms during the Special Intensive Revision of electoral rolls.
- Approximately 47 lakh Delhi voters were omitted from draft electoral rolls after failing to return forms, a situation affecting mobile residents who frequently move between localities for employment opportunities.
- Chief Justice Kant criticized the ECI's requirement that previously enrolled voters file Form 6, meant for first-time applicants, calling the approach a "structural incongruity" that forces voters to misrepresent themselves.
- Instead of burdening voters, the bench directed the ECI to proactively reach out to uncontacted electors, suggesting it publish lists at local blocks and accept delayed form submissions to reduce the 43 lakh gap.
- Posting the matter for hearing in two weeks, the bench declined to formally extend the October 30 deadline, expecting the ECI to independently facilitate re-enrolment of affected voters before that date.
37 Articles
37 Articles
SIR Debate: Constitutional bodies vs parallel forums
The Court on October 28 said that it had not delivered a final ruling on the legality of the Election Commission of India’s use of the “logical discrepancy” category during SIR. It also called for an accessible process to restore eligible voters’ names, urging the poll body to reach out to those affected rather than waiting for them to approach officials. The observations underline the role of constitutional institutions in resolving disputes th…
Can you punish laxity by forfeiting the right to vote forever, SC asks EC
Form 6 is ‘cast in stone' and cannot be changed. The Bihar judgment is not a binding precedent. Allowed ‘logical discrepancy’ in West Bengal as an ‘interim arrangement’. Don’t stick to timelines in Delhi SIR.
Supreme Court says legality of EC's 'logical discrepancy' checks in SIR remains undecided
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said its earlier decision allowing the Election Commission to use the category in West Bengal was only an interim measure. It also clarified that the court’s ruling on the SIR exercise in Bihar had not settled every legal question surrounding the revision process.
Legality of 'logical discrepancy' in voter rolls not decided: SC
The Supreme Court clarified on Wednesday that it has not yet made a final ruling on the legality of the Election Commission's 'logical discrepancy' category used for scrutinising voter details during the Special Intensive Revision of electoral rolls. The court noted that its previous permission for this exercise in West Bengal was only an interim arrangement and its Bihar SIR decision was not a final determination of all related issues.
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