Empowering and Reforming the State Election Commissions

Currently, State Election Commissions (SECs) are increasingly disempowered and in certain cases, even in litigation with their State governments.

About State Election Commission

The State Election Commissions (SECs) were established to ensure free, fair, and impartial elections at the grassroots level in India’s federal structure:

• About State Election Commissions: The State Election Commission of India is an independent constitutional authority responsible for administering elections to local bodies within states, including municipalities, panchayats, and other local government institutions. 
• Before 1992: Elections to these bodies were conducted by the respective State Governments. 
• Establishment:  The Constitution was amended in 1992 through the 73rd and 74th amendments in order to provide legal sanctity to the Local Self-Governments (LSGs), giving LSGs their rightful place in the process of nation building.
  • Article 243 K & Article 243 ZA: They were inserted to establish a State Election Commission in every state as a constitutional body 

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• Appointment: It consists of a state election commissioner to be appointed by the governor. 
• Tenure & Condition of Service: His conditions of service and tenure of office shall also be determined by the governor. 
  • His conditions of service shall not be varied to his disadvantage after his appointment.
• Removal: He shall not be removed from office except in the manner and on the grounds prescribed for the removal of a judge of the state high court. 
• Significance of State Election Commission: It ensures a level playing field for the political parties in the election fray, through strict observance by them of a Model Code of Conduct evolved with the consensus of political parties
• Powers & Functions: 
  • They have powers of ‘superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats and Municipalities in the State.
    • Do Not Prepare voters List: As per the provisions of the different Local Body Acts of the State, State Election Commission does not prepare a separate voter’s list for the local body elections 
      • But uses the voter’s lists prepared by the Election Commission of India under the provisions of the Representation of the People Act, 1950, by bifurcating the same to represent the relevant wards of the local bodies concerned.
  • Delimitation Powers: The State Election Commission is also responsible for doing delimitation of all the constituencies, which is done before every general election to the local bodies i.e. after every 5 years.
  • Register and deregister political parties: The State Election Commission is also empowered to register and deregister political parties in the state

Systemic Disempowerment of State Election Commissions

The systemic disempowerment of State Election Commissions (SECs) in India refers to the erosion of their autonomy, authority, and effectiveness in conducting free and fair elections for local bodies.

Following are the Key Aspects of Systemic Disempowerment:

• Legislative Ambiguities and Overlaps: Ambiguities in the legal framework governing SECs and overlaps between the powers of the State Election Commission and the state government can create confusion and conflict. 
  • In some instances: State governments have passed legislation that curtails the powers of the SEC, thereby limiting its ability to perform its constitutional duties.
  • For Example: Cases filed by the Andhra Pradesh SEC and several others in 2020, the Supreme Court struck down an ordinance of Andhra Pradesh, which hindered elections to the panchayat raj institutions.
• Lack of Judicial Support: While SECs have constitutional status, there have been instances where the judiciary has not robustly upheld the autonomy of SECs in disputes with state governments. 
  • This lack of strong judicial intervention can embolden state governments to further undermine the SECs.
  • For Example: Recently, Karnataka SEC filed a contempt petition against the Government of Karnataka in response to an earlier petition filed by the SEC to allow it to proceed with the delimitation of panchayat raj institutions and conduct elections (already delayed by over three and a half years). 
    • The Karnataka government had assured the High Court in December 2023 that it would publish the delimitation and reservation details within two weeks to enable the SEC to conduct elections.
• Implementation of the 74th Constitutional (Amendment) Act: Audit by the Comptroller and Auditor General (CAG) of India across 18 States shows that 1,560 out of 2,240 urban local governments (70%) did not have an elected council 
  • The CAG, in its Karnataka report: He observed that the disempowerment of SECs is, more often than not, the cause for delays in on time elections. 
• Delay in Conducting Elections: State governments may delay the conduct of local body elections by citing administrative or logistical reasons. 
  • Such delays can be a tactic to retain control over local bodies by appointing administrators or extending the terms of existing office-bearers, thereby bypassing the electoral process.
• Interference by State Governments: In some cases, state governments have attempted to exert undue influence over SECs, compromising their independence. 
  • This can manifest in various forms, such as delaying the appointment of the State Election Commissioner, influencing the selection process, or undermining the authority of the SEC in conducting elections.
  • For Example: Janaagraha’s Annual Survey of India’s City Systems (ASICS), 2023 shows that only 11 out of 34 States and Union Territories have empowered SECs to conduct ward delimitation. 
    • These States and Union Territories (namely, the Andaman and Nicobar Islands, Arunachal Pradesh, Bihar, Dadra and Nagar Haveli, Daman and Diu, Gujarat, Himachal Pradesh, Jammu and Kashmir, Kerala, Ladakh, Maharashtra, and West Bengal) account for only 35% of India’s population, as in the 2011 Census.

Implications of Disempowerment

• Erosion of Local Democracy: Disempowering SECs undermines the democratic process at the local level, weakening the foundations of grassroots democracy. 
  • Local bodies may become less accountable and more susceptible to state government control.
• Undermining of Public Trust: When the autonomy of SECs is compromised, it can lead to a loss of public trust in the electoral process, with citizens perceiving elections as being manipulated or influenced by political interests.
• Reduction in Electoral Integrity: Without strong and independent SECs, the integrity of local body elections may be compromised, leading to unfair practices, rigging, or other electoral malpractices.
• Centralization of Power: The disempowerment of SECs contributes to the centralization of power in the hands of state governments, which can stifle local governance and reduce the effectiveness of decentralized decision-making.

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SECs vs ECI: Level Of Empowerment/ Independence

Here’s a table comparing the powers and roles of State Election Commissions (SECs) with the Election Commission of India (ECI):

Suggested Reforms to Strengthen State Election Commissions

• Empower SECs at par with SECs in terms of transparency and independence : To ensure this, SECs must be fully empowered on all matters of local government elections, on a par with the Election Commission of India, as observed by the Supreme Court in Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad and Others (2006).
  • Suggestion – Appointment like ECI: A three-member SEC which is appointed by a committee that comprises the Chief Minister, Leader of Opposition in the Legislative Assembly (Vidhan Sabha), and the Chief Justice of the High Court
• Amendment: A State government-appointed SEC is just not working. The Union government should amend the 74th Constitutional (Amendment) Act in this context.
  • Fixed Interval Amendment: Delimitation of ward boundaries and reservations of seats must be mandated only at fixed intervals, say once in 10 years. 
  • The absence of this check can lead to State governments acting arbitrarily, causing undue delays in elections to local governments.
• SECs Power must be strengthened: Powers of ward delimitation and reservation of seats for local governments must be vested in the SECs. 
  • Further, the SECs must be entrusted with reservations to the positions of mayors/presidents, deputy mayors/vice-presidents of the local governments, say once in 10 years, where applicable. 
  • Elections to these positions are delayed inordinately after local elections as State governments fail to publish the reservation roster to these positions on time.
• SECs entrusted with the election of mayors, presidents, chairpersons, and standing committees: Malpractices by presiding officers appointed by the State governments have also emerged — an example is the election of the Mayor in the Chandigarh Municipal Corporation Council in 2024. S
  • ECs, therefore, should possibly be entrusted with the election of mayors, presidents, chairpersons, and standing committees.
• Adequate Resources and Funding:
  • Direct Funding: Ensure that SECs receive direct funding from the state budget, similar to how the ECI is funded by the central government, to prevent financial dependency on state governments.
  • Infrastructure and Staffing: Provide SECs with adequate infrastructure, technology, and skilled personnel to efficiently manage local elections.
• Stronger Judicial Oversight
  • Expedited Judicial Review: Establish fast-track courts or special benches to handle disputes involving SECs, ensuring timely resolution of issues related to local elections.
  • Protection from State Government Interference: Strengthen legal protections for SECs, allowing them to operate without undue interference from state governments, similar to the protections enjoyed by the ECI.

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