It draws our attention to a few questions concerning local bodies that form the backbone of local self-governance in India: What is the process of conducting elections for local bodies? What constitutional provisions govern local bodies elections? What is the role of State Election Commissions (SECs) in conducting elections for local bodies?
Constitutional basis for local self-governance
Free and fair election is the pre-requisite for democratisation of local self-governance in India. The 73rd and 74th Constitutional Amendment Acts of 1993 granted constitutional status to local self-governments in urban (municipalities) and rural (panchayats) areas, and inserted provisions in the Constitution for the establishment of SECs to conduct fair and regular elections to these local bodies.
In other words, the SEC is a constitutional body responsible for conducting elections to the 3rd tier of governance, i.e. the local self-government, which includes the panchayati raj institutions and the urban local bodies.
The 73rd and 74th Amendments introduced Part IX and Part IXA in the Constitution, which deals with the structure, powers, and functions of Panchayats (Article 243 to 243O) and Municipalities (243P to 243ZG). Article 243K in Part IX and Article 243ZA in Part IXA provide for the matters related to elections to Panchayats and Municipalities respectively.
Composition
Similar to the Election Commission of India (ECI) under Article 324, which does not explicitly mention the qualifications or tenure of the Chief Election Commissioner and Election Commissioners, qualifications, conditions of service and tenure of SECs are not mentioned in the Constitution.
Article 243K includes the following provisions regarding SECs:
— The SEC is headed by a State Election Commissioner to be appointed by the Governor.
— The Constitution authorises State Legislatures to make appropriate laws and rules for the election of representatives of local bodies.
— The State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
— Under Article 243K(2), conditions and tenure of the State Election Commissioner shall be determined by State Legislatures.
Functions
Article 243K and 243ZA were inserted in the Constitution to establish the SEC in each state with powers of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats and Municipalities in the State.
The SEC has the same powers (under Articles 243K and 243ZA(1)) as the ECI under Article 324 regarding the conduct of elections within their respective domains – local for the SEC and national for the ECI.
The Supreme Court in Kishansing Toamar Vs. Municipal Corporation of Ahmadabad in 2006 directed state governments to abide by the instructions of SECs in the same manner in which they follow the orders of the ECI. The court held that the SECs enjoy the same status as the ECI under the provision of the Constitution.
Challenges
Although the Constitution grants SECs the authority to oversee elections to local bodies, the actual transfer of such powers in some states remains incomplete. For instance, in some cases, SECs depend on the state governments for matters like the delimitation of constituencies and reservation of seats for different categories. Moreover, the lack of cooperation from state governments in conducting elections has been found to be a critical operational hurdle.
Moreover, during the 2013 Panchayat elections in West Bengal, the SEC approached the Calcutta High Court on matters like the lack of adequate cooperation from the state government in holding elections, and the phasing of elections and security arrangements. The legal battle on the phasing of elections and assessment of security was settled in the Supreme Court.
In some states, the SEC office is housed within the state secretariat and full-time government servants are appointed as election commissioners. These practices do not conform to the Constitutional vision of SECs as independent functioning bodies. In addition, the status and tenure of State Election Commissioners vary across states, while lack of adequate funds and staff create operational difficulties.
Way forward
The All India State Election Commissions Forum plays a vital role in strengthening the role and institutional mechanisms of SECs across the country. The forum serves as a platform for sharing data regarding local governments, discussing electoral laws and rules, and exchanging details of new initiatives.
During the 30th National Conference of State Election Commissioners, held from 15 to 17 March 2024 in Bodh Gaya, Bihar, participants discussed matters like e-voting, One Nation, One Election, and other electoral reforms. The forum emphasises collaboration and knowledge sharing to improve the efficiency and transparency of local body elections.
In that context, it may be argued that the transfer of all complementary powers, like delimitation of constituencies and rotation of reservation, to SECs would help enable their independent functioning without interference from state governments.
The Second Administrative Reforms Commission recommended the creation of a collegium to appoint independent persons as State Election Commissioners, which could enhance uniformity and transparency in the appointment process across the country.
Moreover, collaboration between SECs and the ECI may help foster interoperability and facilitate the exchange of best practices, while maintaining their distinct jurisdictions. The All India State Election Commissions Forum has proved its efficacy in identifying institutional challenges and emerged as a potential platform for SECs to address barriers in their independent functioning. Giving weight to the resolution of such problems and encouraging inter-state coordination might help implement best practices in conducting free and fair elections across the country.
Post Read Questions
What is the role of State Election Commissions (SECs) in conducting elections for urban local bodies?
How do the 73rd and 74th Constitutional Amendment Acts establish the framework for local self-governance in urban and rural areas?
How can the Second Administrative Reforms Commission’s recommendation for a collegium to appoint SECs enhance transparency and uniformity?
Why is the regularity of elections critical for the democratisation of local self-governance?
Why is the independence of SECs crucial for free and fair elections at the local government level? What steps are necessary to improve the transparency and efficiency of electoral processes for local self-governments?
(Dileep P Chandran is an Assistant Professor at the department of Political Science in University of Calicut, Kerala.)
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Law ministry and EC officials separately explained that a court case was the "trigger" behind the amendment. (File Photo) 
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