From UPSC perspective, the following things are important :
Prelims level: 73rd and 74th amendments;
Mains level: Issue of Disempowerment of State Election Commissions (SECs);
Why in the News?
The Election Commission of India (ECI) has established itself as one of India’s most credible institutions, known for consistently conducting free, fair, and timely elections to Parliament and State legislatures. However, the 34 State Election Commissions (SECs) still require significant attention and strengthening.
Issue of Disempowerment of State Election Commissions (SECs)
The Constitution (73rd and 74th amendments) vested SECs with the responsibility of conducting elections to panchayats and urban local governments, but in reality, SECs are increasingly disempowered by state governments.
- Legal and Administrative Challenges: SECs sometimes find themselves in litigation with state governments. For instance, the Karnataka SEC has had to file contempt petitions against the state government for failing to fulfill commitments related to the conduct of elections, highlighting a lack of cooperation from state authorities.
- Inadequate Empowerment: Many SECs do not have the power to conduct delimitation of wards or manage the electoral rolls independently. This results in reliance on the Election Commission of India (ECI) and state governments, which can lead to arbitrary decisions that delay elections.
- Only 11 out of 34 states and UTs have empowered SECs to conduct ward delimitation, accounting for just 35% of India’s population.
- Lack of Resources: SECs are legally entitled to request funds and assistance from state governments, but they often do not receive adequate resources, which hampers their ability to conduct elections effectively.
- Public Trust Erosion: The delays and challenges faced by SECs undermine public confidence in local governance and electoral processes, leading to a perception that local elections are not as credible as those conducted by the ECI for national and state elections
- Election not on time: Performance audits by the CAG found that 70% of urban local governments in 18 states did not have elected councils at the time of the audit due to delays caused by disempowered SECs.
Electoral Reforms Needed to Strengthen the Third Tier
- Parity with the Election Commission of India: SECs should be made as transparent and independent as the Election Commission of India.
- This could be achieved by appointing a three-member SEC through a committee comprising the Chief Minister, Leader of Opposition, and Chief Justice of the High Court, rather than by the State government alone.
- Fixed Intervals for Delimitation: The delimitation of ward boundaries and reservations should be conducted at fixed intervals, such as every 10 years, to prevent arbitrary actions by State governments that delay elections.
- Transfer of Powers to SECs: The powers of delimitation and reservation of seats for local governments should be vested in the SECs. SECs should also handle reservations for positions like mayors and presidents to avoid delays caused by State governments.
Conclusion: Strengthening SECs through these reforms is essential to ensure timely, transparent, and credible local elections, thereby reinforcing grassroots democracy and public trust in local governance.
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