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Shifting Focus to Grassroots Democracy
Context:
The Election Commission of India (ECI) is recognised for conducting fair and timely elections at national and state levels. However, State Election Commissions (SECs) face significant challenges in managing local elections, undermining grassroots democracy.
About State Election Commissions (SECs) in India:
- Function: Autonomous body responsible for conducting elections to local self-government bodies (Panchayats and Urban Local Bodies) in Indian states.
- Establishment: Created by the 73rd and 74th Constitutional Amendments in 1992 to decentralise power and enhance local democracy.
Functions:
- Supervision: Directs and controls electoral processes for local governments.
- Electoral Rolls: Prepares rolls for local elections; generally uses rolls prepared by the Election Commission of India.
- Elections: Conducts elections to Panchayats and Urban Local Bodies.
- Delimitation: Delimits constituencies for local body elections every five years.
- Code of Conduct: Ensures compliance with the Model Code of Conduct during elections.
Appointment and Tenure:
- State Election Commissioner: Appointed by the Governor of the state for a fixed tenure (typically five years).
- Article 243K(2) states that the tenure and appointment of the State Election Commissioner will be determined by state legislation.
- Protection: Enjoys tenure protection similar to a High Court Judge, can only be removed by Parliament.
- The Commissioner can only be removed in the same manner and on the same grounds as a High Court Judge.
About ECI:
Impact on Local Governance:
- Democratic Facilitation: Ensures fair and efficient local elections, empowering local bodies and reinforcing grassroots democracy.
Current Issues with SECs:
- Systemic Disempowerment:
- Constitutional Mandate: Articles 243K and 243ZA (73rd and 74th Amendments, 1993) grant SECs control over panchayat and urban local government elections.
- Practical Challenges: SECs face frequent delays and legal disputes with state governments.
- Example: Karnataka SEC’s contempt petition against the state for delayed elections.
- Audit Findings: CAG audit shows 70% of urban local governments lacked elected councils due to SEC inefficiencies.
- Empowerment Issues:
- Delimitation Powers: Only 11 out of 34 states/UTs empower SECs to conduct ward delimitation.
- Resource Allocation: SECs often receive inadequate resources, affecting their operational efficiency.
- Impact on Local Governance:
- Trust Erosion: Delays and inefficiencies undermine public trust in local governance.
- Need for Timely Elections: Elections must be held within the five-year term to ensure effective local governance.
- Malpractices: Instances of malpractice, such as the 2024 Chandigarh mayoral election, highlight the need for SEC oversight in key positions.
Proposed Reforms:
- Enhancing Independence and Transparency: Establish a three-member SEC appointed by a committee including the Chief Minister, Leader of Opposition, and Chief Justice of the High Court.
- Amend the 74th Constitutional Amendment Act to support this change.
- Fixed Intervals for Delimitation: Mandate ward delimitation and seat reservations every 10 years to avoid arbitrary delays by state governments.
- SEC Control over Electoral Processes: Grant SECs full authority over ward delimitation and reservation processes.
- Entrust SECs with the responsibility for elections to positions like mayors and Chairman to prevent delays and malpractices.
- Preventing Malpractices: SECs should oversee elections for key positions, reducing the influence of state governments.
Importance of Reforms:
- Strengthening Grassroots Democracy: Timely and fair local elections are crucial for effective grassroots governance and public trust.
- Alignment with National Standards: Align SECs with the Election Commission of India in terms of authority and independence to ensure fair and efficient local elections.
- Enhancing Transparency: Implementing these reforms will improve transparency and accountability in local elections, fostering trust in local governance.