The delay in elections for urban local bodies and panchayats, as seen recently in Uttarakhand, has prompted the state’s Panchayati Raj department to direct administrators to oversee governance. This raises important questions about the effectiveness and autonomy of local bodies in India.

Local Self Government

• Local self-government implies the transference of the power to rule to the lowest rungs of the political order.
• It is a form of democratic decentralization where the participation of even the grass root level of the society is ensured in the process of administration.
• The 73rd and 74th Constitutional Amendment Acts of 1993 granted constitutional status to local self-governments in rural (Panchayats) and urban (Municipalities) areas. 
• These amendments established provisions for the creation of State Election Commissions (SECs) tasked with conducting free and regular elections to local bodies.
• The Amendments inserted Part IX (Panchayats) and Part IXA (Municipalities) into the Constitution, covering the structure, powers, and functions of these bodies.
• Article 243K (Panchayats) and Article 243ZA (Municipalities) define the electoral process for local self-governments.

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State Election Commissions (SECs) 

• Composition of SECs: The Constitution does not explicitly mention the qualifications, tenure, or conditions of service for the State Election Commissioners (SECs), leaving these to be determined by state legislatures.
• Article 243K specifies that:
  • The SEC is headed by a State Election Commissioner, appointed by the Governor of the state.
  • The State Legislature has the authority to frame laws regarding the election of local body representatives.
  • The SEC’s tenure and conditions of service cannot be altered to its disadvantage after appointment, ensuring the independence of the office.                

Functions of SECs

• Under Article 243K and Article 243ZA, SECs are responsible for the supervision and control of electoral processes for Panchayats and Municipalities.
• The SEC has the same powers as the Election Commission of India (ECI) regarding the conduct of local body elections, including the preparation of electoral rolls and overseeing the election process.
• In the Kishansingh Toamar vs. Municipal Corporation of Ahmedabad (2006) case, the Supreme Court directed that state governments must respect the instructions of the SECs in the same way they follow orders from the ECI.

Challenges in the Functioning of SECs

• Incomplete Transfer of Powers: Despite the Constitution granting SECs the authority to oversee local body elections, the transfer of powers is incomplete in some states. 
  • For example, SECs rely on state governments for crucial tasks such as the delimitation of constituencies and seat reservations.
• Lack of Cooperation: There is often insufficient cooperation from state governments, as evidenced during the 2013 Panchayat elections in West Bengal, where the SEC faced challenges related to election security and phasing, leading to legal battles.
• Operational Issues: In some states, the SEC office is located within the state secretariat, and full-time government officials are appointed as Election Commissioners, which undermines the constitutional vision of SECs as independent bodies.
• Varying Status and Tenure: The status, tenure, and conditions of service for State Election Commissioners differ across states, which creates operational difficulties. Additionally, inadequate funding and staffing further hinder the functioning of SECs.

Way Forward

• Strengthen Independence of SECs: Transfer all complementary powers like delimitation of constituencies and reservation rotation to SECs to ensure autonomy and reduce state government interference.
• Institutional Reforms: Adopt the Second Administrative Reforms Commission’s recommendation for a collegium-based system to appoint SECs for greater transparency and consistency.
• Resource Allocation: Provide adequate funding, manpower, and infrastructure to SECs to enhance their operational efficiency.
• Capacity Building: Promote collaboration between SECs and the Election Commission of India (ECI) to share best practices and technological advancements like e-voting.
• Encourage Inter-State Coordination: Use platforms like the All India State Election Commissions Forum to resolve challenges, harmonize electoral practices, and enhance transparency in local body elections.

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Conclusion

Impartial and regular elections are crucial for strengthening local governance in India. By addressing the challenges faced by State Election Commissions (SECs), the independence and effectiveness of local body elections can be ensured, leading to stronger democratic functioning at the grassroots level.

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