Current Status of State Election Commissions (SECs)

Background and Constitutional Framework

• Constitutional Provisions: The 73rd and 74th Constitutional Amendments of 1993 established the framework for local self-governance by creating SECs for panchayats and urban local bodies (ULBs). These amendments aimed to enhance democratic processes at the grassroots level by empowering local institutions and ensuring regular elections.
• Responsibilities of SECs: SECs are tasked with the preparation of electoral rolls, the supervision of elections to panchayats and ULBs, and ensuring that these elections are conducted impartially and in a timely manner.

Challenges Faced by SECs

• Disempowerment and Operational Issues:
  • Litigation with State Governments: SECs often find themselves in legal disputes with state governments over issues related to election processes and timelines. For instance, in Karnataka, the SEC had to file a contempt petition against the state government for failing to publish delimitation details and reservations, which led to election delays.
  • Interference and Delays: The Andhra Pradesh SEC faced obstacles due to an ordinance that delayed panchayat elections, which was later struck down by the Supreme Court.
• Performance Audit Findings:
  • CAG Audit: The Comptroller and Auditor General (CAG) of India’s performance audits revealed that a significant proportion (70%) of urban local governments did not have elected councils at the time of the audit. This highlights the inefficiencies and delays in the electoral process at the local level.
  • Janaagraha’s ASICS 2023: According to the Annual Survey of India’s City Systems (ASICS) 2023, only 11 states and Union Territories have given SECs the authority to conduct ward delimitation. This limitation affects 35% of India’s population, indicating uneven empowerment across the country.

Need for Electoral Reforms

Importance of Local Elections

• Grass-Roots Democracy: Effective local governance is crucial for ensuring that democratic processes reach the grassroots level. Regular elections enable local governments to function efficiently and address community needs promptly.
• Constitutional Mandate: The Constitution mandates that elections to local governments should occur before the end of their five-year term. This principle is essential for maintaining democratic integrity and ensuring timely representation at the local level.

Proposed Reforms

1. Empowerment and Independence of SECs
   • Appointment Process:
     • Current Issues: SECs are currently appointed by the state government, which can lead to conflicts of interest and reduced independence.
     • Proposed Change: SECs should be appointed by a high-level committee that includes the Chief Minister, Leader of Opposition, and Chief Justice of the High Court. This would ensure greater impartiality and transparency in their appointment, similar to the process for the Election Commission of India (ECI).
     • Legislative Amendments: The Union government needs to amend the 74th Constitutional (Amendment) Act to institutionalize these changes and ensure that SECs operate with the same level of independence and authority as the ECI.

2. Delimitation and Reservation of Seats
   • Fixed Intervals:
     • Current Practice: Delimitation and reservation processes are often subject to state government discretion, leading to delays and potential manipulation.
     • Proposed Change: Mandate the delimitation of wards and reservation of seats at fixed intervals (e.g., every 10 years). This would standardize the process and reduce opportunities for delay and manipulation.
   • SEC Authority:
     • Current Practice: State governments often control the process, leading to inconsistent practices and delays.
     • Proposed Change: Empower SECs with the authority to handle ward delimitation and seat reservations, including those for key positions such as mayors or presidents. This would streamline the process and ensure timely and fair elections.

3. Electoral Processes and Malpractices
   • Handling Elections:
     • Current Issues: State government-appointed officials sometimes engage in malpractices, as seen in the 2024 Chandigarh Municipal Corporation election where issues were reported with the appointment of presiding officers.
     • Proposed Change: SECs should be given responsibility for conducting elections for mayors, presidents, chairpersons, and standing committees to avoid malpractices and ensure the integrity of the electoral process.

Conclusion

• Strengthening SECs: For effective local governance and the preservation of democratic principles, SECs must be fully empowered and operate independently. Implementing the proposed reforms would enhance their functionality, reduce delays and disputes, and ensure that local elections are conducted fairly and in a timely manner.