State Election Commission in India
Background:
- The State Election Commissions(SEC) were created as an independent, autonomous constitutional authority under the Constitution of India as per the Provisions of the 73rd and 74th Constitutional Amendments Acts of 1992.
- As per Article 243-K and 243-ZA of the Constitution of India, all elections to Panchayats and urban local bodies are to be held under the superintendence, direction and control of the State Election Commission.
- It is headed by the State Election Commissioner.
- Election Commission of India is known for its fair conduct of election with independent functioning but the SECs are often in the news for issues in the conduct of local body elections.
Issues in SEC Working:
- Systemic Disempowerment: SECs are increasingly disempowered mostly by the actions of the state governments and are prevented from carrying out their constitutional mandate effectively.
- The Karnataka SEC filed a contempt petition against the state government for delaying panchayat elections by more than three years.
- Delayed Elections: Many local bodies are left without elected councils for extended periods. According to a CAG report, 70% of urban local governments (ULGs) were without elected councils at the time of a particular CAG audit.
- This erodes trust in local institutions and weakens democracy at the grassroots level.
- Dependence on State Governments: SECs are dependent on state governments for important electoral functions like delimitation of wards and reservation of seats.
- Only 11 of 34 states and Union Territories have empowered SECs to handle these tasks independently.
- Arbitrary delimitation and reservation processes by state governments often delay local elections, as seen in states like Karnataka and Andhra Pradesh.
- Malpractices in Local Elections: There are instances of malpractice in local elections, such as the Chandigarh Municipal Corporation election in 2024, where the integrity of the process was questioned due to state government interference.
- Weak Appointment Process: The process of appointing SECs is controlled by state governments, which undermines the independence of these bodies.
Measures to Strengthen SECs:
- Independence of SECs: SECs should be granted the same level of autonomy as the Election Commission of India (ECI).
- This includes appointing a three-member SEC through a transparent process involving the Chief Minister, Leader of the Opposition, and the Chief Justice of the High Court.
- Regular and Fixed Delimitation: The delimitation of wards and rotation of reservation of seats must be conducted after every census to prevent arbitrary delays in local elections by state governments.
- SECs should be entrusted with the task of delimiting ward boundaries and managing seat reservations, including positions like mayors, presidents, and deputy mayors, to ensure elections are held on time.
- Amend the 74th Constitutional Amendment: The Union government should amend the 74th Constitutional Amendment to explicitly empower SECs with control over local elections, including the power to manage reservations and conduct elections to local government bodies independently.
- This should enable the SEC to function independent of the State Governments.
- Widen the scope of SECs: To prevent malpractices by state-appointed presiding officers, SECs should conduct elections to local government leadership positions, such as mayors, presidents, and standing committees.
Conclusion:
- Grassroot level democracy has the ability to provide development to all sections of the people.
- With the rising urbanisation and the increasing need of governance in India, work of properly elected local bodies with trust and participation of the people becomes important.
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