State Election Commission Reforms

Table of Contents

Context: There is a need to strengthen the State Election Commissions (SECs) in India.

Why is there a need of State Election Commission Reforms?

Lack of Autonomy: SECs often lack the necessary autonomy and independence to function effectively.
- Example: As per the ASICS 2023 survey, only 11 out of 34 States and Union Territories have empowered their SECs for ward delimitation
Legal Battle with State Governments: SECs are often involved in legal battles with State governments over their jurisdiction and authority, further hindering their ability to conduct elections.
- Example: Karnataka SEC had to file a contempt petition against the state government for not adhering to commitment to the High Court in response to an earlier petition filed by the SEC to allow it to proceed with the delimitation of panchayat raj institutions and conduct elections.
  - Similarly, in 2020, the Andhra Pradesh SEC faced legal battles when an ordinance disrupted the election processes, eventually struck down by the Supreme Court.
Delayed Elections: A significant number of local governments operate without elected councils due to delayed elections, often caused by the SECs’ limited control over the electoral processes that are manipulated or stalled by state governments.
- Example: A performance audit by the Comptroller and Auditor General (CAG) across 18 states found that 70% of urban local governments lacked an elected council at the time of the audit.
Malpractices and Influence: There are instances where state-appointed presiding officers have engaged in malpractices during elections.
- This undermines the integrity of the electoral process.
- Example: Chandigarh Municipal Corporation Council election in 2024.

What are the Needed Electoral Reforms?

To ensure effective local governance, the following reforms are proposed:

Transparency and Independence: SECs should have a similar structure to the Election Commission of India, potentially consisting of a three-member body selected by a committee including the Chief Minister, the Leader of Opposition in the Legislative Assembly, and the Chief Justice of the High Court.
Regular Delimitation: Delimitation of wards and reservations should be mandated at fixed intervals (such as once every ten years) to prevent arbitrary decisions that delay elections.
Empowerment in Reservation: SECs should be responsible for reservations concerning mayoral and other significant local government positions, ensuring these are also determined at regular ten-year intervals.
Control Over Election Officers: To mitigate malpractices, SECs should have the authority to oversee the election processes for positions like mayors and council chairpersons, which are currently susceptible to manipulation by state-appointed presiding officers.

Related Information

Second Administrative Reforms Commission (2nd ARC) Recommendations:

The 2nd ARC suggests that the State Election Commissioner (SEC) be appointed by the Governor based on the recommendations from a collegium.
- This collegium should include the Chief Minister, the Speaker of the State Legislative Assembly, and the Leader of the Opposition in the Legislative Assembly.
The commission also recommends establishing an institutional framework that would allow the Election Commission of India (ECI) and the State Election Commissions (SECs) to collaborate.
- This would facilitate coordination, mutual learning, and resource sharing.

Law Commission 255th Report on Electoral Reforms:

The report proposes establishing an independent and permanent Secretariat for the Election Commission of India (ECI) and State Election Commissions, similar to the secretariats of the Lok Sabha and Rajya Sabha outlined in Article 98 of the Constitution.

About State Election Commision (SEC)

It was established as a result of the 73rd and 74th Constitutional Amendments in 1992.
Articles 243 K & 243 ZA of the Constitution were inserted to establish the SEC in every state, empowering it with superintendence, direction, and control over local elections.
It is led by a State Election Commissioner, appointed by the Governor of the state.
- Other members and staff are appointed as per the law made by the respective State Governments.
Tenure also will be directed as per the law made by the state legislature.
The commissioner enjoys a status and security of tenure similar to that of a Judge of a High Court.
Functions and Powers:
- It administers elections to the Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs).
- It oversees the preparation of electoral rolls for, and the conduct of elections to the Panchayats and Municipalities in the state.
- It is responsible for the delimitation of all local body constituencies, a process conducted before each general election to the local bodies, typically every five years.
- It enforces a Model Code of Conduct, which is developed in consensus with the political parties involved.