Secs And Challenges To Grassroots Democracy

MOVING THE SPOTLIGHT TO GRASSROOTS DEMOCRACY

The Election Commission of India (ECI), with its track record of conducting free and fair elections, and on time, to Parliament and State legislatures, has emerged as one of independent India’s most credible institutions.

• Yet, there are 34 State Election Commissions (SECs) that need serious attention and strengthening.

THE STATE ELECTION COMMISSIONS

The SECs were brought into existence by Articles 243K and 243ZA of the Constitution (introduced by the 73rd and 74th amendments in 1993),

What are the Concerns?

Systemic disempowerment of SECs

• The SECs are vested them with the superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to panchayats and urban local governments (ULGs).
• In reality, however, SECs are increasingly disempowered and, in certain cases, even in litigation with their State governments.
• In a recent case, the Karnataka SEC filed a contempt petition against the Government of Karnataka for reneging on its commitment to the High Court in response to an earlier petition filed by the SEC to allow it to proceed with the delimitation of panchayat raj institutions and conduct elections (already 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.
• In another set of cases filed by the Andhra Pradesh SEC and several others in 2020, the Supreme Court struck down an ordinance of Andhra Pradesh, which hindered elections to the panchayat raj institutions.
• The performance Audit by the Comptroller and Auditor General (CAG) of India across 18 States shows 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, more often than not, the cause for delays in on time elections.
• Such delays undermine local governments and erode the trust of citizens in these important public institutions.
• Janaagraha’s Annual Survey of India’s City Systems (ASICS), 2023 shows that only 11 out of 34 States and Union Territories have empowered SECs to conduct ward delimitation.
• Elections to these positions are delayed inordinately after local elections as State governments fail to publish the reservation roster to these positions on time.
• Malpractices by presiding officers appointed by the State governments have also emerged — an example is the election of the Mayor in the Chandigarh Municipal Corporation Council in 2024.

Electoral reforms to strengthen third tier

• Regular and fair elections to local governments are non-negotiable for meaningful grass-roots democracy and ensuring effective first-mile service delivery in the cities and the villages of the country.
• The requirement to conduct elections before the expiry of the five-year term of elected local governments is a constitutional mandate and must be as sacrosanct as the elections to the Lok Sabha and Vidhan Sabhas.
• To ensure this, SECs must be fully empowered on all matters of local government elections, on a par 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).

The following reforms are a must in order to bring about this change:

• First, there is a need to bring SECs on a par with the Election Commission of India in terms of transparency and independence in constitution and appointment.
• Notwithstanding the recent dilution in the case of the Election Commission of India, can we not aspire to a three-member SEC which is appointed by a committee that comprises the Chief Minister, Leader of Opposition in the Legislative Assembly (Vidhan Sabha), and the Chief Justice of the High Court? A State government-appointed SEC is just not working.
• The Union government should amend the 74th Constitutional (Amendment) Act in this context.
• Second, the delimitation of ward boundaries and reservations of seats must be mandated only at fixed intervals, say once in 10 years.
• The absence of this check can lead to State governments acting arbitrarily, causing undue delays in elections to local governments.
• Third, the powers of ward delimitation and reservation of seats for local governments must be vested in the SECs.
• Further, the SECs must be entrusted with reservations to the positions of mayors/presidents, deputy mayors/vice-presidents of the local governments, say once in 10 years, where applicable.
• SECs, therefore, should possibly be entrusted with the election of mayors, presidents, chairpersons, and standing committee

Some other important Points:

• Devolution of Powers and Responsibilities: Ensure that local bodies have clear and adequate powers and responsibilities to make decisions on local issues. Empowering these institutions to manage resources and implement policies independently can make them more effective.
• Financial Autonomy: Provide local governments with better financial autonomy through a more equitable distribution of resources. This includes a fair share of tax revenues and grants from the central and state governments, along with the power to levy local taxes.
• Strengthening Election Processes: Improve the transparency and efficiency of local elections. This could involve implementing better voter education programs, ensuring a fair and transparent electoral process, and addressing issues like electoral fraud and vote buying.
• Capacity Building: Invest in training and capacity-building programs for elected representatives and local officials to enhance their skills in governance, administration, and financial management.
• Regular Elections: Ensure timely and regular elections to local bodies. Delays or irregularities in holding elections can undermine the legitimacy and effectiveness of local governance.
• Legal and Institutional Reforms: Update and harmonize legal frameworks governing local elections and governance to ensure consistency and clarity in the roles and functions of local bodies.
• Strengthening Oversight Mechanisms: Establish robust mechanisms for monitoring and evaluating the performance of local bodies to ensure accountability and transparency in their operations.
• Promoting Inclusivity: Ensure that marginalized and underrepresented communities have fair representation in local bodies.
• Technological Integration: Utilize technology to enhance the efficiency of local elections and governance. This includes adopting electronic voting systems, digital record-keeping, and online platforms for public engagement and grievance redressal.

These reforms can help ensure that local self-government institutions are more effective, accountable, and responsive to the needs of their communities.

Comparison between the Election Commission of India (ECI) and the State Election Commission