SOURCE :- SIASAT NEWS
Hyderabad: The Central Government can amend Form 6, which registers a person’s name in the electoral roll. However, such changes must follow the procedure prescribed under the law.
The issue has gained importance due to mandatory declaration along with Form 6 during the Special Intensive Revision (SIR) of electoral rolls.
Form 6 is prescribed under the Registration of Electors Rules, 1960, which were framed under the Representation of the People Act, 1950. The legal procedure for amending these rules is laid down in Section 28 of the Act.
Who has the power to amend Form 6?
Under Section 28(1) of the Representation of the People Act, 1950, the Central Government has the power to make rules after consulting the Election Commission of India (ECI).
As per Section 28(3), the rules must be laid before both the Lok Sabha and the Rajya Sabha for a total of 30 days.
The 30-day period can fall within one session or across two or more successive sessions.
How can Parliament reject an amendment?
As per Section 28(3), both Houses of Parliament must agree to modify or annul a rule.
To modify or annul a rule, a member can introduce a motion. If both the Lok Sabha and the Rajya Sabha agree on the modification or annulment, the rule will be modified or annulled.
The provision also protects the validity of things previously done under the rule before the modification or annulment takes effect.
The Election Commission has clarified that no changes were made to the original statutory Form 6. A separate Annexure-D was attached to it during the SIR process.
In states where the SIR process has been completed, prospective voters can apply using the standard Form 6 without SIR-related declaration.
In future, if the Central Government wants to amend Form 6, it can follow the applicable legal procedure.
SOURCE : SIASAT
