Table of Contents
THE CONTEXT: The Election Commission of India (ECI) is celebrated for its efficiency in conducting national and state elections, yet the State Election Commissions (SECs) face significant challenges. Despite constitutional provisions, SECs are often disempowered, leading to delays and inefficiencies in local governance.
THE ISSUES:
- Systemic Disempowerment of SECs: Despite constitutional provisions of Articles 243K and 243ZA of the Indian Constitution granting SECs the authority to conduct elections for panchayats and urban local governments, they face increasing disempowerment. This is evident from instances where SECs are in litigation with state governments, such as the case in Karnataka, where the SEC had to file a contempt petition against the state government for delaying elections.
- Delays in Local Government Elections: Many urban local governments lack elected councils due to delays in conducting elections. The Comptroller and Auditor General (CAG) of India found that 70% of urban local governments did not have elected councils at the time of their audit, primarily due to the disempowerment of SECs.
- Lack of Empowerment for Ward Delimitation: Only a minority of states and union territories have empowered SECs to conduct ward delimitation. This lack of empowerment contributes to delays and inefficiencies in the electoral process for local governments.
- Need for Electoral Reforms: Local governments must reform the electoral process to ensure regular and fair elections. This includes empowering SECs on par with the Election Commission of India, ensuring transparency and independence in their constitution and appointment, and mandating fixed intervals for ward delimitation and seat reservations.
- Arbitrary Actions by State Governments: State governments often act arbitrarily in delimitation and seat reservations, causing undue delays in local government elections. This undermines the democratic process and the functioning of local governments.
- Malpractices in Local Elections: There have been instances of malpractices by presiding officers appointed by state governments, such as in the election of the Mayor in the Chandigarh Municipal Corporation Council. This highlights the need for SECs to have greater control over the election process for key local government positions to ensure fairness and transparency.
THE WAY FORWARD:
- Strengthening Independence and Transparency in Appointments: Implement a collegium system for appointing State Election Commissioners, similar to the recommendation for the Election Commission of India (ECI) by the Dinesh Goswami Committee and the Law Commission’s 255th Report. This collegium could include the Chief Minister, Leader of the Opposition, and Chief Justice of the High Court.
- Ensuring Fixed Intervals for Delimitation and Reservations: State governments’ arbitrary delimitation and reservation practices delay elections. Mandate delimitation and reservation of seats at fixed intervals, such as every ten years, and vest these powers in the SECs. This would prevent undue delays and political manipulation.
- Enhancing the Powers and Autonomy of SECs: The Supreme Court in Kishan Singh Tomar vs. Municipal Corporation of Ahmedabad emphasized the need for SECs to have powers like the ECI. Amend the Constitution to provide SECs with greater autonomy and authority, like the ECI. This includes financial independence and control over electoral processes at the local level.
- Institutionalizing Coordination Between ECIs and SECs: The Second Administrative Reforms Commission suggested creating a platform for coordination between ECIs and SECs. Establish a formal mechanism for regular interaction and resource sharing to enhance efficiency and consistency in electoral management.
- Addressing Malpractices and Enhancing Accountability: Malpractices in local elections, such as those observed in Chandigarh, undermine electoral integrity. To ensure transparency and accountability, entrust SECs responsible for conducting elections for key municipal positions like mayors and presidents. This would reduce state government interference and potential malpractices.
- Implementing Comprehensive Electoral Reforms: Various committees, such as the Tarkunde and Goswami Committees, have recommended comprehensive electoral reforms. These reforms should address systemic issues like the criminalization of politics and the influence of money power. This includes stricter regulations on campaign finance and enhanced voter education initiatives to strengthen the democratic process at all levels.
THE CONCLUSION:
Strengthening SECs is imperative for ensuring timely and fair local elections, which are vital for grassroots democracy. By aligning SECs with the independence and authority of the ECI, India can enhance the effectiveness of its local governance systems.
UPSC PAST YEAR QUESTIONS:
Q.1 The states in India seem reluctant to empower urban local bodies both functionally and financially. Comment. 2023
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
Q.3 “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 on improving the situation. 2017
MAINS PRACTICE QUESTION:
Q.1 Critically analyze the challenges faced by State Election Commissions (SECs) in India in ensuring free and fair elections at the local level. Discuss the constitutional provisions related to SECs and suggest reforms to enhance their autonomy and effectiveness.
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