The Election Commission of India (ECI) has earned a reputation for conducting free and fair elections for Parliament and State legislatures, establishing itself as a pillar of independent India’s democratic system. However, the 34 State Election Commissions (SECs), responsible for conducting elections to panchayats and urban local governments (ULGs), require urgent attention and significant strengthening.
Despite being constitutionally mandated with the power to oversee local elections, SECs are increasingly facing disempowerment. Several instances demonstrate this, including the recent contempt petition filed by the Karnataka SEC against the state government for delaying panchayat elections. Similar situations have arisen in Andhra Pradesh and other states, where interference from state governments has hindered the smooth functioning of SECs.
The Comptroller and Auditor General (CAG) of India’s performance audits across 18 states reveal that a staggering 70% of urban local governments lacked elected councils during the audit period. The CAG’s Karnataka report highlights how the disempowerment of SECs is a major contributor to these delays, which ultimately undermine local governments and erode public trust in these crucial institutions.
Janaagraha’s Annual Survey of India’s City Systems (ASICS), 2023, further underscores the issue. Only 11 out of 34 states and union territories have empowered their SECs to conduct ward delimitation, a crucial step in ensuring fair representation. These 11 entities represent only 35% of India’s population, according to the 2011 Census.
Regular and fair elections to local governments are essential for meaningful grassroots democracy and effective service delivery in villages and cities. The Constitution mandates these elections before the expiry of the five-year term of elected local governments, making them as vital as national and state elections. To ensure this constitutional mandate is fulfilled, SECs must be empowered on par with the Election Commission of India. The Supreme Court, in Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad and Others (2006), emphasized the need for such empowerment.
Several reforms are critical to achieve this goal:
1.
Independence and Transparency:
The Constitution and appointment process of SECs need to mirror the Election Commission of India in terms of independence and transparency. A three-member SEC, appointed by a committee comprising the Chief Minister, Leader of Opposition, and the Chief Justice of the High Court, could provide the necessary autonomy and legitimacy.2.
Delimitation and Reservation:
Delimitation of ward boundaries and reservation of seats for local governments must be mandated at fixed intervals, such as every 10 years. This will prevent arbitrary actions by state governments that lead to delays in elections.3.
Powers of SECs:
The powers of ward delimitation and reservation of seats should be vested solely in SECs. Furthermore, SECs should be entrusted with reservations for the positions of mayors/presidents, deputy mayors/vice-presidents, also at fixed intervals. This will address delays often caused by state governments failing to publish reservation rosters in a timely manner.4.
Election of Mayors and Standing Committees:
Instances of malpractices by presiding officers appointed by state governments, as seen in the 2024 Chandigarh Municipal Corporation Council election, necessitate further reform. SECs should potentially oversee the election of mayors, presidents, chairpersons, and standing committees to ensure fairness and transparency.By enacting these reforms, India can strengthen its local governance system and ensure a vibrant and participatory democracy at the grassroots level. This is crucial for achieving inclusive development and empowering citizens across the country.
