Context:

The Election Commission of India (ECI) has established itself as one of independent India’s most credible institutions, known for its track record of conducting free, fair, and timely elections to Parliament and State legislatures. However, there are 34 State Election Commissions (SECs) that require serious attention and strengthening to uphold grassroots democracy.

Systemic Disempowerment of SECs

Constitutional Framework for SECs

The SECs were established through Articles 243K and 243ZA of the Constitution, introduced by the 73rd and 74th amendments in 1993. These articles vested the SECs with the authority to oversee the preparation of electoral rolls and the conduct of elections to panchayats and urban local governments (ULGs). Despite this, SECs have increasingly faced disempowerment and, in some cases, legal battles with their respective State governments.

Examples of SEC Disempowerment

In Karnataka, the SEC filed a contempt petition against the State government for reneging on its commitment to the High Court to allow the SEC to proceed with the delimitation of panchayat raj institutions and conduct elections, which had already been delayed by over three and a half years. The Karnataka government had assured the High Court in December 2023 that it would publish the delimitation and reservation details within two weeks to enable the SEC to conduct elections. Similarly, the Andhra Pradesh SEC and several others filed cases in 2020, leading to the Supreme Court striking down an ordinance of Andhra Pradesh that hindered elections to panchayat raj institutions.

The Role of SECs in Local Governance

Impact on Local Governments

An analysis of performance audits by the Comptroller and Auditor General (CAG) of India on the implementation of the 74th Constitutional Amendment Act across 18 States revealed that 1,560 out of 2,240 urban local governments (70%) did not have an elected council at the time of the CAG audit. The CAG, in its Karnataka report, observed that the disempowerment of SECs is often the cause of delays in conducting timely elections. Such delays undermine local governments and erode public trust in these essential institutions.

Importance of Regular Elections to Local Governments

Regular and fair elections to local governments are essential for meaningful grassroots democracy and ensuring effective first-mile service delivery in cities and villages across the country. The constitutional mandate to conduct elections before the expiry of the five-year term of elected local governments must be as sacrosanct as the elections to the Lok Sabha and Vidhan Sabhas. To achieve this, SECs must be fully empowered on all matters related to local government elections, in line with the Election Commission of India, as observed by the Supreme Court in Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad and Others (2006).

Challenges with the State Election Commissions (SECs)

• Lack of Autonomy in SECs: Despite constitutional provisions intended to ensure the independence of State Election Commissions (SECs), they often do not function autonomously. For instance, in 2008, the then State Election Commissioner of Maharashtra sought the authority to conduct elections for the positions of mayor, deputy mayor, and sarpanch. However, the State Assembly arrested him for breach of privilege, resulting in his imprisonment for two days.
• Lack of Constitutional Safeguards for SECs: State governments have circumvented the prescribed method for the removal of SECs by employing alternative tactics, such as altering terms and conditions of service. This issue was highlighted in the Aparmita Prasad Singh vs. State of Uttar Pradesh case.
• No Uniformity in Service Conditions for SECs: Since the Constitution grants State legislatures the power to determine the service conditions of SECs, there is a lack of uniformity in these conditions across different states.

Electoral Reforms to Strengthen the Third Tier

• Parity with the Election Commission of India: SECs should be brought on par with the Election Commission of India in terms of transparency and independence in their constitution and appointment. Despite the recent dilution in the case of the Election Commission of India, there should be a push for a three-member SEC appointed by a committee comprising the Chief Minister, Leader of Opposition in the Legislative Assembly (Vidhan Sabha), and the Chief Justice of the High Court. The current system of State government-appointed SECs is not effective, and the Union government should amend the 74th Constitutional Amendment Act to address this issue.
• Regular and Fixed Delimitation Intervals: The delimitation of ward boundaries and reservation of seats should be mandated at fixed intervals, such as once every 10 years. This would prevent State governments from acting arbitrarily, which can lead to undue delays in local government elections.
• Empowering SECs with Delimitation and Reservation Powers: SECs should be vested with the authority to conduct ward delimitation and reservation of seats for local governments. Additionally, SECs should manage reservations for positions such as mayors, presidents, and deputy mayors, with updates every 10 years. Delays in elections for these positions often occur because State governments fail to publish the necessary reservation roster on time.
• Preventing Malpractices by Presiding Officers: Malpractices by presiding officers appointed by State governments have been reported, as seen in the 2024 election of the Mayor in the Chandigarh Municipal Corporation Council. To prevent such issues, SECs should be entrusted with overseeing elections for mayors, presidents, chairpersons, and standing committees.
• 2nd ARC Recommendations for Enhancing SECs: The Second Administrative Reforms Commission (ARC) suggests that state governments should establish a collegium comprising the Chief Minister, the Speaker, and the Leader of the Opposition in the Legislative Assembly to recommend the State Election Commissioner for appointment by the Governor. Additionally, the ARC recommends creating an institution that brings the Election Commission and SECs under one roof to improve coordination, resource utilisation, and experience sharing.

Conclusion

Empowering and reforming the State Election Commissions is crucial for strengthening grassroots democracy in India. These reforms will ensure that local governments are elected on time, uphold the trust of citizens, and contribute to effective governance at the local level. Safeguarding the independence of the State Election Commissions is crucial for ensuring free and fair elections at the grassroots level. State governments must take steps to uphold this independence, as it forms the foundation of a robust democracy.

Source: The Hindu