Revamping State Election Commissions for Effective Grassroots Democracy

Syllabus: Polity: Election

Source: TH

Context: The article highlights that State Election Commissions (SECs) need urgent reform

What are State Election Commissions (SECs)?

Aspect | Details

About SEC | Independent constitutional authority administering elections to local bodies (municipalities, panchayats, etc.) within states.

Before 1992 | Elections to local bodies were conducted by respective State Governments.

Establishment | Amended Constitution in 1992 via the 73rd and 74th Amendments to provide legal sanctity to Local Self-Governments (LSGs).

Articles | Article 243K & Article 243ZA established SECs in every state as constitutional bodies.

Appointment | State Election Commissioner appointed by the Governor.

Tenure & Condition | Conditions and tenure determined by the Governor; cannot be varied to the disadvantage of the Commissioner after appointment.

Removal | Can only be removed in the manner and on grounds prescribed for the removal of a High Court judge.

Significance | Ensures fair play for political parties by enforcing the Model Code of Conduct.

Powers & Functions | Superintendence, direction, and control of electoral rolls and conduct of elections to Panchayats and Municipalities.

Voter List Preparation | Does not prepare a separate voter list; uses lists prepared by the Election Commission of India, modified for local body elections.

Delimitation Powers | Responsible for delimiting constituencies before each general election to local bodies (every 5 years).

Political Party Registration | Empowers to register and deregister political parties within the state.

Key issues with the functioning of State Election Commissions (SECs):

• Disempowerment: State governments often delay delimitation and elections for panchayat raj institutions, weakening SECs’ authority and harming local governance.

• Urban Local Governments: CAG’s audit revealed that 70% of urban local governments in 18 states did not have elected councils.

• Survey Findings: Janaagraha’s 2023 survey found only 11 out of 34 states/UTs have empowered SECs to handle ward delimitation, covering only 35% of India’s population.

• Legislative Ambiguities: Legal ambiguities and overlapping powers create confusion and conflict, with state governments sometimes passing legislation that limits SECs’ powers.

• Lack of Judicial Support: Weak judicial intervention in disputes can undermine SEC autonomy, emboldening state governments to interfere.

• Implementation Issues: Delays in conducting local body elections and administrative excuses can prevent timely electoral processes.

• Interference by State Governments: Attempts to influence SECs, such as delaying appointments or undermining authority, compromise their independence.

Implications of these issues:

• Erosion of Local Democracy: Weakens grassroots democracy and accountability.

• Undermining Public Trust: Compromises public confidence in the electoral process.

• Reduction in Electoral Integrity: Risks unfair practices and electoral malpractices.

• Centralization of Power: Contributes to power centralization, reducing decentralized decision-making effectiveness.

Reforms needed in the State Election Commissions (SECs):

Reform | Description

Supreme Court in the 2006 Kishan Singh Tomar case | SECs should have the same independence and authority as the Election Commission of India (ECI).

2nd ARC | The 2nd ARC suggests that the State Election Commissioner should be appointed by the Governor based on the recommendation of a collegium comprising the Chief Minister, the Speaker of the State Legislative Assembly, and the Leader of the Opposition in the Legislative Assembly.

Law Commission 255th Report on Electoral Reforms | The report recommends adding a new sub-clause to Article 324 of the Constitution to establish a separate, independent, and permanent Secretariat for the Election Commission of India, similar to the Lok Sabha/Rajya Sabha Secretariats under Article 98. Similar provisions can be made for the State Election Commissions to ensure autonomy and fair local body elections.

Fixed Intervals for Delimitation | Delimitation of ward boundaries and seat reservations should be mandated every 10 years to prevent arbitrary delays and ensure timely elections.

Preventing Malpractices | SECs should oversee elections for critical local roles, such as mayors and presidents, to prevent malpractice.

Adequate Resources and Funding | SECs should receive direct funding from the state budget, with adequate infrastructure, technology, and staffing to manage elections effectively.

Stronger Judicial Oversight | Establish fast-track courts for timely resolution of disputes involving SECs and strengthen legal protections to prevent undue interference from state governments.

Conclusion:

These reforms aim to enhance the effectiveness, independence, and accountability of SECs in managing local elections.

Insta Links:

• State Election Commission (SEC)

Mains Link:

Are the State Election Commissions in India as independent as the Election Commission of India? Discuss. (250 Words)