Peacemaker’s Predicament: PM Modi’s Visit to Ukraine (GS Paper 2, IR)
Context
- The article highlights critical issues concerning State Election Commissions (SECs) in India, focusing on the systemic challenges and disempowerment they face.
- Despite their constitutional mandate, SECs struggle with delays and legal disputes, impacting local government elections.
- The piece advocates for reforms to enhance the independence, authority, and efficiency of SECs to align them more closely with the Election Commission of India (ECI).
Systemic Disempowerment of State Election Commissions (SECs)
- The Election Commission of India (ECI) is widely recognized for its role in conducting fair and timely national and state elections.
- However, the SECs, responsible for managing elections at the local level—such as panchayats and urban local bodies (ULBs)—face considerable obstacles that hinder their effectiveness.
Constitutional Mandate
- Articles 243K and 243ZA: Introduced through the 73rd and 74th Constitutional Amendments in 1993, these articles established the SECs with the mandate to oversee electoral rolls and conduct elections for panchayats and ULBs.
- Despite this clear constitutional framework, SECs often encounter systemic disempowerment and frequent litigation from state governments, which undermines their authority and operational efficiency.
Recent Legal Disputes
Karnataka SEC Case:
- Issue: The Karnataka SEC filed a contempt petition against the Government of Karnataka for delaying the delimitation process and elections for panchayat raj institutions.
- Government's Position: The Karnataka government had previously assured the High Court of timely publication of delimitation details.
- Outcome: The ongoing litigation reflects the broader issue of delays and disputes between SECs and state governments.
Andhra Pradesh SEC Case:
- Issue: The Supreme Court invalidated an ordinance from Andhra Pradesh that obstructed panchayat raj elections.
- Implication: This case underscores the persistent conflicts and legal challenges that SECs face from state governments, further complicating the conduct of local elections.
Performance Audits
- CAG Findings: The Comptroller and Auditor General (CAG) audit highlighted that 70% of urban local governments lacked elected councils, pointing to systemic delays and inefficiencies in the election process.
- Karnataka Report: The CAG's report linked these delays directly to the disempowerment of SECs, impacting the effectiveness and credibility of local governments.
Empowerment of SECs
Current Status:
- Janaagraha’s ASICS, 2023: Indicates that only 11 out of 34 States and Union Territories have fully empowered SECs for ward delimitation. These regions cover only 35% of India's population, illustrating the uneven implementation of SEC empowerment.
Reforms Needed:
To address these challenges and enhance the effectiveness of local governments, several reforms are recommended:
Constitution and Appointment
- Independence: SECs should be granted the same level of transparency and independence as the ECI. A proposed reform involves establishing a three-member SEC appointed by a committee comprising the Chief Minister, Leader of Opposition in the Legislative Assembly, and Chief Justice of the High Court.
- Amendment: The Union government should amend the 74th Constitutional Amendment Act to incorporate these changes, ensuring that SECs have the authority and autonomy needed to conduct local elections efficiently.
Delimitation and Reservation
- Fixed Intervals: Delimitation of ward boundaries and seat reservations should be mandated at fixed intervals, such as every 10 years. This would help prevent arbitrary delays by state governments.
- Authority: SECs should have the authority to manage ward delimitation and reservations for local government positions without interference from state governments.
Election of Local Government Officials
- Reservations and Elections: SECs should oversee reservations and elections for positions such as mayors, presidents, deputy mayors, and vice-presidents. Delays in these elections often occur due to state governments' failure to publish reservation rosters on time.
Malpractices and Integrity
- Oversight: SECs should monitor elections for local officials, including mayors and chairpersons, to prevent malpractices and ensure fairness. This oversight is crucial to addressing issues seen in recent municipal elections, such as those in Chandigarh in 2024.
Conclusion
- To foster effective grassroots democracy and ensure timely local elections, State Election Commissions need to be fully empowered and operationally independent, akin to the Election Commission of India.
- Implementing these reforms will address systemic issues, improve the credibility of local governments, and enhance the overall functioning of democratic processes at the grassroots level.
