Context

• The Election Commission of India (ECI) is lauded as one of the most credible institutions in independent India due to its consistent record of conducting free, fair, and timely elections to the Parliament and State legislatures.
• However, the focus on the ECI often overshadows the critical role of State Election Commissions (SECs), which are equally vital to the democratic framework, especially at the grassroots level.
• Unfortunately, these 34 SECs across the country require urgent attention and strengthening to fulfil their constitutional mandate effectively.

The Systemic Disempowerment of State Election Commissions (SECs)

• A Significant Challenge
  • The systemic disempowerment of SECs represents a significant challenge to the effective functioning of India’s democratic system, particularly at the grassroots level.
  • SECs were established under Articles 243K and 243ZA of the Constitution, introduced through the 73rd and 74th Constitutional Amendments in 1993.
  • These amendments were pivotal in decentralising governance, granting local bodies the autonomy to govern effectively and bringing democracy closer to the people.
  • SECs were vested with the critical responsibility of overseeing the preparation of electoral rolls and the conduct of elections to panchayats and urban local governments (ULGs).
  • However, despite the constitutional mandate, the reality has been starkly different, with SECs increasingly finding themselves powerless and undermined by state governments.
• Legal and Institutional Constraints
  • One of the most glaring manifestations of this disempowerment is the frequent legal and institutional conflicts between SECs and state governments.
  • These conflicts often stem from the reluctance of state governments to relinquish control over local elections, thereby undermining the autonomy of SECs.
  • For instance, in Karnataka, the SEC was compelled to file a contempt petition against the state government for failing to comply with a High Court order.
  • The court had directed the Karnataka government to proceed with the delimitation of panchayat raj institutions and conduct overdue elections.
  • The elections had already been delayed by over three and a half years, significantly undermining local governance.
  • Despite a commitment to publish the delimitation and reservation details within two weeks, the state government defaulted on its promise, prompting the SEC to seek judicial intervention.

Impact of Disempowerment of SECs

• Weakened Local Governance
  • When SECs are unable to conduct timely and fair elections, the entire system of local governance is weakened.
  • Local governments, which are supposed to be the closest to the people and most responsive to their needs, find themselves paralysed due to the absence of elected representatives.
  • This not only undermines the principles of democracy but also leads to a governance vacuum at the local level.
  • The performance audits conducted by the Comptroller and Auditor General (CAG) of India provide a stark illustration of this problem.
  • According to the CAG's audits of the implementation of the 74th Constitutional Amendment across 18 states, a staggering 70% of urban local governments did not have elected councils at the time of the audit.
  • This was largely attributed to delays in conducting elections, which in turn were often caused by the disempowerment of SECs.
• Erosion of Public Trust
  • When elections are delayed or conducted under questionable circumstances, citizens lose confidence in the electoral process and, by extension, in the institutions that are supposed to represent them.
  • This erosion of trust is particularly damaging in a democracy, where the legitimacy of government institutions rests on the consent of the governed, expressed through free and fair elections.
  • The Annual Survey of India’s City Systems (ASICS) conducted by Janaagraha in 2023 highlights the uneven empowerment of SECs across the country.
  • The survey found that only 11 out of 34 states and UTs had empowered their SECs to conduct ward delimitation, a critical function for ensuring fair and representative elections.
  • These states and UTs account for only 35% of India’s population, according to the 2011 Census.
  • This statistic underscores the widespread nature of the problem: in most states, SECs lack the necessary powers to carry out their constitutional mandate effectively.

The Need for Electoral Reforms

• To address these issues, comprehensive electoral reforms are essential to strengthen the third tier of India’s democracy; local governments.
• Regular and fair elections at this level are crucial for meaningful grassroots democracy and effective service delivery.
• The constitutional mandate for local government elections to be held before the expiry of their five-year term must be upheld with the same sanctity as elections to the Lok Sabha and State Assemblies.
• The Supreme Court recognised this in the 2006 case of Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad, emphasising the need for SECs to have equivalent powers to conduct local elections.

Necessary Reforms to Empower SECs in Interest of Grassroot Level Democracy

• Empowerment and Independence of SECs
  • SECs must be brought on par with the ECI in terms of transparency and independence.
  • Currently, state governments appoint SECs, leading to potential conflicts of interest and reduced autonomy.
  • A more robust system would involve a three-member SEC appointed by a committee consisting of the Chief Minister, Leader of Opposition in the Legislative Assembly, and the Chief Justice of the High Court.
  • This would enhance the independence and credibility of SECs.
• Fixed Delimitation Intervals
  • The delimitation of ward boundaries and reservations of seats should occur at fixed intervals, such as every 10 years.
  • This would prevent arbitrary actions by state governments that can lead to undue delays in local elections.
  • A standardised process would ensure fairness and consistency in the electoral process.
• Vesting Powers in SECs
  • The powers of ward delimitation and reservation of seats should be vested exclusively in the SECs.
  • Additionally, SECs should be responsible for determining the reservations for the positions of mayors, presidents, and deputy mayors of local governments.
  • Currently, delays in publishing reservation rosters by state governments cause significant delays in elections to these positions, which undermines the democratic process.
• Addressing Malpractices
  • 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 the responsibility of conducting elections for mayors, presidents, chairpersons, and standing committees, ensuring that these processes are free from undue influence.

Conclusion

• The challenges faced by SECs are symptomatic of a broader issue within India’s democratic framework, where the decentralization intended by the 73rd and 74th Constitutional Amendments has not fully materialized.
• Strengthening SECs is not just a matter of administrative reform; it is essential for preserving the integrity of India’s democracy at the grassroots level.
• Empowering SECs with greater autonomy, transparency, and the necessary authority will ensure that local governments can function effectively, thereby enhancing citizen trust in these vital institutions.