Disempowerment of Grassroots Democracy & State Election Commissions | UPSC Notes

The Election Commission of India (ECI) being a constitutional body of India is widely recognized for its role in conducting free and fair elections at the national and state levels. With 34 State Election Commissions (SECs) across India needing significant enhancement in strengthening grassroots democracy, there is an urgent need to put extra effort on strengthening these institutions to fulfill their constitutional duties and responsibilities effectively. 

Though the State Election Commission (SEC) is also a constitutional body, it has been observed that there has been a systemic disempowerment of State Election Commissions (SECs) and ultimately the grassroots democracy in almost every state/U.Ts. 

About State Election Commission (SEC)

The State Election Commission (SEC) of India is an autonomous constitutional authority which has been assigned the responsibility by the constitution of India itself for administering elections to local bodies within states i.e urban local bodies, municipalities, panchayats, and other local self government institutions. 

• Establishment of State Election Commission (SECs): SECs were created under Articles 243K and 243ZA of the Constitution of India via the famous 73rd and 74th Amendments respectively to decentralize governance. It brought the democracy in India to the grassroot level. 
• Functions of State Election Commission (SECs): Before 73rd and 74th Constitutional Amendment Act came into force, elections to municipalities and panchayats were conducted by the respective state government. Now, SECs oversee electoral rolls and elections for panchayats and urban local bodies.
• Paper Tiger: Despite being a constitutional body, most State Election Commissions (SECs) often find themselves powerless and undermined by pressure politics of state governments. 
• Legal and Institutional Constraints: Frequent conflicts occur between SECs and state governments on the matter of local self government elections 

Impact of Disempowerment of State Election Commission (SECs)

These are the following impacts of disempowering State Election Commissions by state government or any other authority: 

• Weakening of grassroot democracy: Elections are delayed and thus it creates a political vacuum and affects the grassroots democracy. The Comptroller and Auditor General (CAG) in its recent Performance Audit Report revealed that more than 70% of urban local bodies in India lacked elected councils due to massive delay in conducting elections which often occur due to SEC disempowerment. 
• Trust Deficit: Unnecessary delays and allegations of impartial conduct of elections lead to erosion of public trust in the entire electoral process and government institutions. The Annual Survey of India’s City Systems (ASICS) revealed that only 11 out of 34 states/UTs have empowered their State Election Commissions (SECs) to conduct ward delimitation.

The Need for Electoral Reforms in Local Self Government Institutions 

Even after three decades of the 73rd and 74th Constitutional Amendment Act, the true form of democracy has not reached the ground level. The dream of constitutional makers to make the grassroots democracy stronger in India is yet to be fulfilled. The status of the third tier of government and its institutions is still not in proper shape. 

Comprehensive electoral reforms are required to strengthen grassroots democracy and local governments so that timely, free and fair elections can be ensured. The Supreme Court in the Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad, 2006 case held that there is a dire need to bring reforms and grant SECs more powers equivalent to Election Commission of India (ECI) so that it can conduct elections efficiently and effectively.

Necessary Reforms to Empower SECs in the Interest of Grassroots Democracy

These are the following necessary reforms required to empower State Election Commissions (SECs): 

• More Autonomy:  Members of SECs are appointed by state governments, leading to potential conflicts of interest. Thus, there is a need to form a three-member consisting of Chief Minister, Leader of Opposition, Chief Justice of the High Court of that particular state/UT who will appoint the members of SEC so that independence and credibility can be ensured. 
• Reduce Judicial Delays: Establishing more fast-track courts (FTCs) or special benches to handle disputes related to matters of SECs in a timely manner.
• Vesting Powers in SECs: SECs should have exclusive authority over ward delimitation, reservations of seats and also determining reservations for key local government positions.
• Addressing Malpractices: SECs should oversee elections for key positions like mayors and other local positions so that malpractices do not occur. Recently, the 2024 Chandigarh Municipal Corporation Council mayoral election highlighted the need to ensure accountability in these institutions.

Conclusion

Decentralization cannot be achieved if the institutions at grassroot level and State Election Commissions are not functioning with efficiency, transparency and accountability. Enhancing SECs’ autonomy, transparency, and authority is sine qua non for effective local governance and restoring public trust in these institutions. 

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