SAFEGUARDING LOCAL DEMOCRACY

THE CONTEXT: The Supreme Court of India intervened in the Chandigarh mayoral elections, declaring the AAP candidate as the validly elected Mayor amidst allegations of ballot defacement by the presiding officer. Subsequent defections of AAP councilors to the BJP influenced the outcomes of deputy mayoral positions, highlighting issues in local election administration, the prevalence of defections, and the challenges of democratic governance in Union Territories.

THE ISSUES:

• Fair Administration of Local Elections: The current system compromises the administration of local elections. It allows the bureaucracy to appoint any councilor, including those with potential biases, to preside over the mayor’s election. This system has led to unfair practices, such as the defacement of ballot papers by the presiding officer in the Chandigarh mayoral elections, undermining the integrity of the electoral process.
• Local-Level Defections: The phenomenon of local-level defections, as seen in the defection of three AAP councilors to the BJP just before the court’s verdict in Chandigarh, poses a significant challenge to the stability and integrity of local governance. These defections can alter the balance of power within councils, affecting the outcome of elections for critical positions such as the deputy and senior deputy Mayor.
• Lack of Statutory Restrictions Against Defections: A related issue is the absence of explicit statutory restrictions against defections in local governments. Unlike the anti-defection law under the 10th Schedule of the Constitution, which applies to the Parliament and state legislatures, most states have no equivalent laws for panchayats and municipalities. This legal gap allows defections to occur without legal repercussions, undermining the democratic process.
• Centralization of Power by the Government: The central government’s attempts to centralize power, particularly in UTs, threaten local democracy. This includes efforts to empower the Lieutenant Governor over the elected government in UTs with legislative assemblies and introducing legislative measures by centrally appointed administrators in UTs without legislative assemblies. Such centralization undermines the autonomy and democratic accountability of local governments.
• Role of Political Parties in Local Elections: Contrary to the initial vision of nonpartisan local governance, the increasing dominance of political parties in local elections complicates the democratic process. The party-political nature of local governments can lead to issues such as defections and political maneuvering, which detract from the focus on local issues and governance.
• Democratic Governance in Union Territories: Ensuring democratic governance in UTs is a broader challenge, exacerbated by the central government’s centralization efforts. The struggle for power between the central government and local elected bodies in UTs with legislative assemblies and the imposition of central authority in UTs without legislative assemblies highlight the need for a balanced approach that respects the principles of federalism and democracy.

THE WAY FORWARD:

• Preventing Misuse of Administrative Resources: The Council of Europe emphasizes the importance of fairness in elections and the need to prevent the misuse of administrative resources. A practical guide for local and regional politicians and public officials recommends measures to ensure that candidates do not gain an unfair advantage by misusing administrative resources, thereby maintaining the foundation of democratic culture.
• Enhanced Use of Inter-State Council: The Sarkaria Commission recommends more effective use of the Inter-State Council forum to resolve problems and coordinate policy and action between the Union and the States. This approach, rooted in cooperative federalism, can help reduce centralization and ensure that local and regional interests are considered in governance.
• Scrutiny of Delegated Legislation: The Standing Committee on Regulations and Ordinances scrutinizes delegated legislation to ensure it adheres to legality, clarity, and fairness principles. This process, which includes the possibility of disallowance, ensures that legislative instruments do not overstep their bounds or undermine democratic principles. Adopting similar scrutiny mechanisms for local governance regulations can enhance transparency and accountability.
• International Guidelines for Fair Elections: The Venice Commission Joint Guidelines for preventing and responding to the misuse of administrative resources during electoral processes provide a comprehensive framework for ensuring fair elections. These guidelines can be adapted to the local context to prevent the misuse of administrative resources and ensure that elections are conducted fairly and transparently.
• Directly Elected Mayors with Executive Powers: India has a broader discussion about the potential of directly elected mayors with executive powers to strengthen municipal leadership. This is based on the idea that an empowered mayor could provide strong leadership for cities, which is currently lacking due to the fragmented institutional architecture and the Commissionerate system of municipal administration.
• Private Member’s Bill: A private member’s bill was introduced in Parliament to amend the Constitution of India to provide for directly elected mayors, suggesting that there is a push at the national level for reforming the way mayors are elected and the powers they hold.
• Insights from state government interventions: There was a controversy in Himachal Pradesh regarding giving voting rights to MLAs in mayoral polls, which became a flashpoint between Congress and BJP. This indicates that there have been discussions and potential reforms regarding the involvement of state legislators in the election of mayors. The Tamil Nadu government has proposed amendments to the Municipal Act, which could potentially affect the election process of mayors. Rajasthan has experimented with a mayoral system in which the mayor is directly elected. However, changes in political perception and government have led to alterations in this approach, which was quickly abandoned.

THE CONCLUSION:

The incidents in Chandigarh underscore the need for robust reforms to ensure fair local elections, address the problem of defections, and safeguard democratic governance, particularly in Union Territories where centralization efforts threaten local autonomy and accountability.

UPSC PAST YEAR QUESTIONS:

Q.1 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)

Q.2 Without a well-educated and organized local-level government system, `Panchayats’ and ‘Samitis’ have remained mainly political institutions and ineffective governance instruments. Critically discuss. (2015)

MAINS PRACTICE QUESTIONS:

Q.1 Examine the recent Supreme Court intervention in the Chandigarh mayoral elections and its implications for local governance in India. Considering this, discuss the challenges Urban Local Bodies (ULBs) face in conducting free and fair elections and suggest measures to strengthen the electoral process of mayors across Indian cities.

SOURCE:

https://www.thehindu.com/opinion/op-ed/safeguarding-local-democracy/article67920485.ece