Moving the spotlight to Grassroots Democracy

The systemic disempowerment of State Election Commissions (SECs) in India is currently a significant issue, with several instances of delays and litigation affecting the conduct of local elections. This problem has been highlighted by recent cases such as the Karnataka SEC’s contempt petition and the Andhra Pradesh SEC’s legal battles. The performance audits by the Comptroller and Auditor General (CAG) and surveys like Janaagraha’s Annual Survey of India’s City Systems (ASICS) underscore the pressing need for electoral reforms to strengthen SECs.

Systemic Disempowerment of SECs

• Karnataka SEC's Contempt Petition: The Karnataka SEC filed a contempt petition against the state government for not adhering to a court commitment on the delimitation of panchayat raj institutions, causing delays exceeding three and a half years.
• Supreme Court Ruling on Andhra Pradesh Ordinance: The Supreme Court struck down an ordinance from Andhra Pradesh that obstructed elections to panchayat raj institutions, reflecting judicial oversight over SEC operations.
• CAG Audit Findings: Performance audits revealed that 70% of urban local governments lacked elected councils, highlighting systemic delays caused by disempowered SECs.

Inadequate Empowerment and Governance

• Limited Ward Delimitation Powers: Only 11 out of 34 States and Union Territories have granted SECs the authority to conduct ward delimitation, affecting electoral efficiency and fairness.
• Constitutional and Legal Constraints: SECs are often hindered by state governments' lack of cooperation and arbitrary actions, which undermine their ability to conduct timely and effective elections.
• Lack of Fixed Delimitation Intervals: The absence of fixed intervals for delimitation and seat reservations allows state governments to delay and manipulate local elections.

Proposed Electoral Reforms

• Enhanced Independence and Transparency: SECs should be made independent like the Election Commission of India, with a three-member body appointed by a high-level committee involving the Chief Minister, Leader of Opposition, and Chief Justice.
• Regular Delimitation and Reservation: Implement fixed intervals, such as every ten years, for delimitation of wards and seat reservations to prevent arbitrary delays and ensure consistency.
• Transfer of Powers and Responsibilities: SECs should manage delimitation, seat reservations, and elections to key positions like mayors and chairpersons, reducing malpractices and delays.

Practice Question

Discuss the current challenges faced by State Election Commissions (SECs) in India and propose specific reforms to enhance their effectiveness and independence. How do these reforms contribute to strengthening grassroots democracy and ensuring timely local elections?