State Election Commissions (SECs)
The SECs has been entrusted with the function of conducting free, fair and impartial elections to the local bodies in the state.
Articles 243K (Panchayats), 243ZA (Municipalities) gives the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to SEC.
Article 243K(2): It states that the tenure and appointment will be directed as per the law made by the state legislature.
However, State Election Commissioner shall not be removed from his/her office except in like manner and on the like grounds as a Judge of a High Court.
The State Election Commissioner is appointed by the Governor
Challenges Faced by SECs in India
SECs are often undermined by State governments, leading to delays and legal battles.
For example, Karnataka's SEC had to file a contempt petition against the state for delays in elections.
Significant delays in holding elections to panchayats and urban local governments (ULGs) are common, impacting local governance and citizen trust.
A CAG audit found 70% of ULGs without elected councils.
Only 11 out of 34 states and union territories allow SECs to handle ward delimitation, restricting their ability to effectively manage local elections
Performance audits reveal that many ULGs do not have elected councils due to delays and inefficiencies in the election process
Need for Electoral Reforms
SECs need to be given powers and independence similar to the Election Commission of India.
This includes transparent and non-political appointment processes and full control over local elections.
Fixing ward delimitation and seat reservations at regular intervals (e.g., every 10 years) can prevent arbitrary delays and ensure timely and fair elections.
SECs should be responsible for all aspects of local government elections, including ward delimitation, seat reservations, etc
To avoid corruption and unfair practices, SECs should oversee the election of mayors and other significant positions
The Union government should amend the 74th Constitutional (Amendment) Act to strengthen SECs and align their powers and functions with those of the Election Commission of India.
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