ART 142, WHY SC QUASHED CHANDIGARH MAYOR’S ELECTION, AND WHY IT MATTERS

THE CONTEXT:

The invalidation of votes in the Chandigarh mayoral elections highlights critical vulnerabilities in our electoral system and underscores the need for substantive reforms, as per various committee reports.

THE ISSUES:

• The Importance of Electoral Integrity: The court’s intervention highlights the crucial role of fair and impartial elections in a democratic society. It emphasizes the sanctity of electoral processes and the need to safeguard the integrity of the voting process.
• *Role of the Judiciary in Protecting Democratic Principles: The Supreme Court exercised its powers under Article 142 to ensure justice and protect the principles of democracy. This case serves as a reminder of the judiciary’s vital role in upholding constitutional values and addressing electoral malpractices.
• Electoral Malpractices and Their Consequences: The court’s findings of invalidated ballots and Presiding Officer misconduct underscore the seriousness of electoral malpractices. It raises concerns about the vulnerability of electoral systems to manipulation and the need for stringent measures to prevent such incidents.
• Defections and Their Impact on Electoral Results: The post-election defection of three AAP councillors to the BJP illustrates the potential impact of defections on electoral outcomes. This issue raises questions about the stability of political alliances and the need for anti-defection laws in local body elections.
• *Defections and Their Impact on Electoral Results: The post-election defection of three AAP councillors to the BJP illustrates the potential impact of defections on electoral outcomes. This issue raises questions about the stability of political alliances and the need for anti-defection laws in local body elections.
• Due Process and Accountability: The court’s scrutiny of the Presiding Officer’s actions and its direction for a show-cause notice demonstrates the importance of due process and accountability in electoral matters. It stresses the need for impartial investigations and appropriate actions to address electoral misconduct.

THE WAY FORWARD:

• Legislative Reforms and Capacity Building: Amend municipal laws to clearly define and possibly expand the roles and responsibilities of mayors to include more substantive decision-making powers. Enhance the training of mayors and municipal officials to improve governance and leadership skills.
• Absence of Anti-Defection Law in Municipal Elections: Introduce anti-defection laws at the municipal level to prevent political instability and ensure accountability of elected representatives. Political parties should be transparent about their alliances and electoral strategies to build trust among voters.
• Public Engagement and independent observers: Increase efforts to communicate transparently with the public about the electoral process and its integrity. Allow nonpartisan election observers to monitor elections, enhancing credibility and public trust.
• Preventive Protocols and Election Monitoring: Introduce robust preventive measures, as recommended by the Dinesh Goswami Committee on Electoral Reforms, to maintain the integrity of the voting process and prevent tampering or invalidation of ballots.
• Constitutional Safeguards and Reforms: Bring about constitutional amendments and safeguard provisions to enhance the conduct of elections and protect them from undue interference, following the guidelines set forth by the NCRWC under Justice Venkatachaliah.
• Enhanced Electoral Oversight: Implement ARC’s recommendations for strengthening State Election Commissions with greater autonomy and resources to prevent undue influence and ensure free and fair elections at the municipal level.
• Legal Reforms for Electoral Integrity: Enforce stringent legal frameworks, as suggested by the Law Commission, to deter and punish electoral malpractices, including the invalidation of votes by election officials.

THE CONCLUSION:

The Supreme Court’s intervention in the Chandigarh mayoral election incident provides a clear and forceful reminder that robust and stringent measures must be implemented to guarantee the integrity of local elections in India. Taking immediate action to reinforce transparency and accountability within the country’s local governance framework is imperative.

UPSC PAST YEAR QUESTIONS:

Q.1 The local self-government system in India has not proved to be an effective instrument of governance”. Critically examine the statement and give your views to improve the situation. (2017)

Q.2 The strength and sustenance of local institutions in India have shifted from their formative phase of ‘Functions, Functionaries and Funds’ to the contemporary stage of ‘Functionality.’ Highlight the critical challenges local institutions face regarding their functionality in recent times. (2020)

MAINS PRACTICE QUESTION:

Q.1 Evaluate the implications of the Supreme Court’s intervention in the Chandigarh mayoral election and suggest reforms for ensuring electoral integrity at the municipal level, referencing recommendations of various committees.

SOURCE:

https://indianexpress.com/article/explained/explained-law/art-142-why-sc-quashed-chandigarh-mayors-election-and-why-it-matters-9171963/