In independent India, the Election Commission of India (ECI) has established itself as a credible institution, known for conducting free, fair, and timely elections at the national and state levels. The ECI’s reputation is so strong that officials are often invited to other countries for advice on election processes and supervision. Despite its successes, the ECI’s counterpart at the local level, the State Election Commissions (SECs), faces significant challenges that hinder their effectiveness. Addressing these issues is crucial for strengthening grassroots democracy and ensuring that local elections are conducted with the same integrity and efficiency as national ones.

State Election Commissions (SECs) and their Systemic Disempowerment

• The SECs were established by Articles 243K and 243ZA of the Constitution, introduced through the 73rd and 74th Amendments in 1993. 
• These provisions were designed to grant SECs the responsibility for overseeing the preparation of electoral rolls and conducting elections for panchayats and urban local governments (ULGs). 
• Though (SECs) are constitutionally mandated to oversee local elections, they face significant challenges in practice. In reality, SECs often find themselves disempowered and, in some cases, embroiled in litigation with state governments. 

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Case study to exemplify the Disempowerment of SECs

• Karnataka Case: Recently in Karnataka, the SEC filed a contempt petition against the state government for not fulfilling its commitment to the High Court. The SEC had sought permission to proceed with the delimitation of panchayat raj institutions and conduct elections, which have already been delayed by over three and a half years. Despite a December 2023 assurance from the Karnataka government to publish the delimitation and reservation details within two weeks, this commitment has not been met. The SECs have stated that elections will be held only after the government provides the roster of reservations or the results of delimitation.
• Andhra Pradesh Case: Similar issues were observed with the Andhra Pradesh SEC in 2020, where state governments were accused of deliberately delaying the election process by not publishing delimitation and reservation rosters on time, leading to irregular elections.
• Performance Audit Findings: A performance audit by the CAG revealed that 1,560 out of 2,240 urban local governments (70%) did not have an elected council at the time of the audit, highlighting systemic issues in local governance.

Impact of Disempowerment

• Such delays undermine the effectiveness of local governments and erode citizen trust in these institutions. Timely elections are essential for empowering local populations and ensuring effective grassroots governance.
• Conducting elections before the expiry of the five-year term of local governments is a constitutional mandate and should be as sacrosanct as Lok Sabha and Vidhan Sabha elections.

Necessary Reforms for Strengthening Grassroots Democracy

To address these issues and strengthen grassroots democracy, several reforms are necessary:

1. Empowering SECs: SECs should be made as transparent and independent as the ECI. This involves establishing a robust appointment process, ideally a three-member commission appointed by a committee comprising the Chief Minister, the Leader of the Opposition, and the Chief Justice of the High Court. Current practices, where State governments appoint SECs, often lead to the selection of favoured individuals, which undermines the integrity of the SECs.
   • Infact, Supreme Court in the case of Kishan Singh Tomar vs. Municipal Corporation of the City of Ahmedabad and Others (2006), advocated for empowerment of SECs in matters of local government elections, on par with the Election Commission of India.
2. Fixed Intervals for Delimitation and Reservations: To prevent arbitrary delays by State governments, delimitation of ward boundaries and reservation of seats should be mandated at fixed intervals, such as every 10 years. This will ensure timely updates and prevent delays in the electoral process.
3. SEC Control over Delimitation and Reservations: SECs should be granted full authority over the delimitation and reservation processes for local governments. This includes the reservation of positions like mayors and presidents at fixed intervals, such as every 10 years, where applicable. This reform is crucial to avoid delays in elections of key positions and ensure that local elections are conducted efficiently.
4. Addressing Malpractices: SECs should also be responsible for overseeing elections to key local government positions, including mayors, presidents, chairpersons, and standing committees. This is essential to prevent malpractices, as demonstrated in cases like the Chandigarh Municipal Corporation Council election in 2024.

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Conclusion

Strengthening State Election Commissions is vital for ensuring effective grassroots democracy and timely elections at the local level. By implementing these reforms, we can enhance the transparency, independence, and efficiency of SECs, thereby fostering trust in local governance and improving the delivery of services to citizens. Regular and fair local elections are crucial for empowering people at the grassroots level and ensuring that democratic processes are upheld across all tiers of government.

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