ECINET Introduces Parent-Linked Declaration in Online Form 6, Raising Constitutional and Electoral Due Process Concerns

Recent Developments:

• Election Commission of India (ECI) has introduced a new online declaration on the ECINET portal for fresh voter registration through Form 6.
• New applicants must disclose whether their parents were included in the last Special Intensive Revision (SIR) of electoral rolls and, where applicable, furnish their Assembly Constituency Number, Polling Booth (Part) Number, and Electoral Roll Serial Number.
• The additional declaration is available on the online portal, while the statutory downloadable Form 6 under the Registration of Electors Rules, 1960 continues to remain unchanged, triggering concerns regarding the legal validity of the change.

ECINET and the New Declaration Requirement:

What is ECINET?

• ECINET is the Election Commission of India's integrated digital platform providing online electoral services such as new voter registration, correction of electoral details, deletion of names, voter search, and electoral roll management.

New Declaration Introduced in Online Form 6:

• Applicants must declare whether either **parent was included in the last Special Intensive Revision (SIR) of electoral rolls.
• If parents were included, the applicant must provide:
• Assembly Constituency Number, Polling Booth (Part) Number, Electoral Roll Serial Number of either parent.
• If parents were not included, the applicant must provide:
• Parents' Names, Electors Photo Identity Card (EPIC) Numbers, if available.
• The requirement applies in all States and Union Territories where SIR has been completed or is underway, except Bihar.

Special Intensive Revision (SIR):

Meaning of SIR:

• Special Intensive Revision (SIR) is a comprehensive revision of the electoral roll, involving fresh verification of eligible electors, unlike the routine annual revision.
• The exercise aims to improve the accuracy, integrity, and authenticity of electoral rolls by identifying duplicate, deceased, shifted, or otherwise ineligible electors.

Current Status of SIR:

• SIR has been completed in 13 States/Union Territories using the early-2000s intensive revision as the reference point.
• The exercise is currently underway in 19 States/Union Territories.
• Himachal Pradesh, Ladakh, and Jamm& Kashmir are yet to be notified for SIR.
• In Assam, SIR has been deferred until completion of the National Register of Citizens (NRC) exercise.
• The exercise has resulted in the deletion of approximately 5.58 crore names nationwide, primarily due to death, migration, duplicate registration, or prolonged absence.
• In West Bengal, nearly 27 lakh names were deleted through judicial adjudication, with appeals pending before appellate authorities.

Legal and Constitutional Issues:

Constitutional Provisions:

• Article 326 guarantees universal adult suffrage by providing electoral registration to every citizen who:
• Has attained 18 years of age.
• Is ordinarily resident in a constituency.
• Is not disqualified under any law.

Statutory Framework:

• Representation of the People Act, 1950 (RPA, 1950) governs preparation and maintenance of electoral rolls.
• Registration of Electors Rules, 1960 prescribe the statutory formats, including Form 6.
• Section 28 of the RPA, 1950 empowers the Central Government, after consultation with the Election Commission, to notify electoral rules through the Official Gazette, followed by laying them before Parliament.

Issue of Due Process:

• The additional declaration has been introduced only on the ECINET portal without any notified amendment to Form 6 under the Registration of Electors Rules, 1960.
• The statutory downloadable version of Form 6 does not contain the additional declaration, indicating that the prescribed form has not been formally amended.
• The absence of a Gazette Notification raises concerns regarding:
• Statutory authority.
• Procedural legality.
• Administrative transparency.
• Parliamentary oversight.

Implications for New Electors:

Administrative Implications:

• First-time voters may need to locate historical electoral details relating to their parents.
• Young electors whose parents were never enrolled or whose records are unavailable may face procedural difficulties.
• The Election Commission has not clarified whether failure to furnish such details would delay or affect enrolment.

Legal and Democratic Concerns:

• Additional procedural requirements may increase the burden on genuine first-time electors.
• Children of electors whose names were previously deleted during SIR may face uncertainty during registration.
• Questions have arisen regarding the balance between electoral integrity and ease of electoral participation.

Arguments in Favour of the Requirement:

Strengthening Electoral Rolls:

• Helps establish continuity between successive electoral rolls.
• Assists in identifying duplicate or fraudulent registrations.
• Facilitates better verification during large-scale electoral roll revision.
• Supports preparation of cleaner and more reliable electoral databases.

Concerns Raised Against the Requirement:

Legal Concerns:

• Introduction through an online portal without amendment to statutory rules may violate established rule-making procedures.
• Administrative instructions cannot ordinarily override statutory forms prescribed under law.

Constitutional Concerns:

• Additional documentary requirements may indirectly affect the exercise of universal adult franchise protected under Article 326.
• The measure may create procedural barriers for otherwise eligible citizens.

Governance Concerns:

• Lack of public consultation and formal notification reduces transparency.
• Absence of clear operational guidelines may result in inconsistent implementation across States.

Related Constitutional and Electoral Institutions:

Election Commission of India (ECI):

• Constitutional body established under Article 324.
• Responsible for:
• Conducting elections.
• Preparing and revising electoral rolls.
• Supervising free and fair elections.
• Registering political parties.
• Enforcing the Model Code of Conduct.

Representation of the People Acts:

• RPA, 1950 deals primarily with:
• Allocation of seats.
• Electoral rolls.
• Qualifications of electors.
• RPA, 1951 deals with:
• Conduct of elections.
• Qualifications and disqualifications of candidates.
• Election disputes.
• Electoral offences.

Way Forward:

Ensuring Legal Validity:

• Any modification to statutory electoral forms should follow the prescribed legislative procedure through Gazette Notification.

Improving Transparency:

• The Election Commission should issue comprehensive public guidelines explaining the objective, scope, and legal basis of additional declarations.

Protecting Electoral Inclusion:

• Procedural safeguards should ensure that genuine electors are not denied registration solely due to the non-availability of historical parental records.

Balancing Integrity and Accessibility:

• Electoral reforms should simultaneously strengthen electoral roll accuracy and preserve the constitutional right to vote through accessible registration procedures.

Value Addition for UPSC:

Important Constitutional Articles:

• Article 324 – Superintendence, direction and control of elections vested in the Election Commission of India.
• Article 325 – One general electoral roll; prohibition of exclusion on grounds of religion, race, caste or sex.
• Article 326 – Elections based on Universal Adult Suffrage.
• Article 327 – Parliament's power to make laws relating to elections.
• Article 328 – State Legislature's power to legislate on State elections where Parliament has not provided otherwise.

Important Electoral Forms:

• Form 6 – Inclusion of name in electoral roll.
• Form 6A – Registration of overseas electors.
• Form 7 – Objection to inclusion or deletion of name.
• Form 8 – Correction of entries or transposition within the electoral roll