Issues with State Election Commissions (SECs)

Source-This post on Issues with State Election Commissions (SECs) has been created based on the article “Moving the spotlight to grassroots democracy” published in “The Hindu” on 30 August 2024.

UPSC Syllabus-GS Paper-2- Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.

Context– SECs were created by Articles 243K and 243ZA of the Indian Constitution, added by the 73rd and 74th Amendments in 1993. These articles give SECs the power to manage electoral rolls and oversee elections for panchayats and urban local governments.

Holding regular and fair elections for local governments is essential for grassroots democracy and effective service delivery in both cities and rural areas. Elections must be held before the end of the five-year term for local governments, just as seriously as national elections.

Despite the success of the national Election Commission, the 34 State Election Commissions (SECs) need major improvements to function effectively.

What are the issues with the functioning of State Election Commissions?

1) Disempowerment of State Election Commission – State governments frequently delay delimitation and elections for panchayat raj institutions. The CAG’s report on Karnataka found that these delays are often due to the weakened authority of SECs, which harms local governance and erodes public trust.

2) Findings on Urban Local Governments– The Comptroller and Auditor General (CAG) found that 70% of urban local governments across 18 states—1,560 out of 2,240—did not have elected councils at the time of the audit.

3) Survey Findings- Janaagraha’s 2023 survey found that only 11 of the 34 states and Union Territories have given SECs the power to handle ward delimitation. These areas represent just 35% of India’s population based on the 2011 Census.

Read More- Panchayat Raj Institution (PRI) in India

What should be the way forward?

1) Enhancing Transparency and Independence-

A) SECs should be as independent and transparent as the Election Commission of India, with the same level of authority over local elections. This is also affirmed by the Supreme Court in the 2006 Kishan Singh Tomar case.

B) A proposed reform is to establish a three-member SEC appointed by a committee consisting of the Chief Minister, the Leader of the Opposition, and the Chief Justice of the High Court. This change could be implemented through an amendment to the 74th Constitutional Amendment Act.

2) Fixed Intervals for Delimitation- To avoid arbitrary delays by state governments, delimitation of ward boundaries and seat reservations should happen every ten years. This will help ensure timely elections and reduce delays caused by state decisions.

3) Delimitation and Reservation Powers- SECs should be given the authority to handle ward delimitation and seat reservations for local governments. They should also manage the reservation of key positions like mayors or presidents at regular intervals to prevent delays.

4) Preventing Malpractices- SECs should oversee elections for important local roles like mayors and presidents to prevent malpractice, as seen in the 2024 Chandigarh Municipal Corporation mayoral election.

Question for practice

What are the issues with the functioning of State Election Commissions? What should be the way forward?