Election of Local Bodies

In News

• The Supreme Court noted that years of delay in conducting elections to over 23,000 local bodies in Madhya Pradesh shows the breakdown of the rule of law.

Supreme Court (SC)’s stand

• Inviolable: The SC held that the State Election Commissions across the country cannot skip their constitutional obligation to conduct polls for Local Bodies every five years. This constitutional mandate is inviolable.
• The court found that besides a staggering 23,000 rural local bodies, polls had not been held in 321 urban local bodies in Madhya Pradesh since 2019-2020.
• Ongoing activity of delimitation or formation of the ward cannot be a legitimate ground to be set forth by any authority, much less the State Election Commission, or any other excuse like: 
  • Not discharging its constitutional obligation in notifying the election programme at the opportune time and 
  • Not ensuring that the elected body is installed before the expiry of the five-year term of the outgoing elected body.
  • Even in case of dissolution before the expiry of five years period, where an Administrator is required to be appointed by the State, that regime cannot be continued beyond six months by virtue of relevant provisions in the respective State legislations
• Direction: 
  • The court directed the Madhya Pradesh State Election Commission to announce the election programmes to the local bodies.
  • The court also held that its orders for Maharashtra and Madhya Pradesh apply to all states and Union Territories where a similar situation prevails.

Urban Local Government

• Origin: 
  • It has existed in India since British time because they realise its significance for administering such a vast country. 
  • The British for the first time set up Municipal Corporation at Madras in 1687 but after that local government in India had to wait until 1793 when it acquired statutory bases. 
  • The charter act of 1793 established municipal administration in three presidency towns because there was pressure for reform from at least four directions: 
    • Economic liberalization, 
    • Local political pressure, 
    • Citizen involvement in local services and 
    • Judicial intervention. 
• It was the 74th amendment of the article 243p passed in 1992 provided a uniform law for urban local government for improving:
  • The municipalities could discharge their duties efficiently
  • Empowering them both administratively and financially 
  • Enhancing municipal service delivery
  • Ensuring popular participation in planning management and
  • Providing infrastructural facilities for development. 

Characteristics Of Local Government

• Local Areas: A local government has a well-defined area which is fixed by the concerned state government. This area can be termed a city, town or village.
• Local Authority:  The administration of a particular locality is run by an authority or body of persons who are elected directly by the people residing in a particular local area.
• Local Finance: In order to perform its functions effectively, it is necessary that every local government unit is provided with adequate finances. The local denizens are required to pay taxes forced by the concerned local authority.
• Local autonomy:  Its means the freedom of the local government to decide an act in the sphere of activities and functions allotted to them by the statutes under which they are created.
• Local participation:  The success or failure of the developmental plan at the local level depends upon the active participation of the local people for whom these plans are made. It is the local government which provides an opportunity to the local people to participate in the administration.
• Local leadership: The people, who come under the purview of local government, especially those living in rural areas, are generally illiterate, inexperienced, non-professional and unaware of the functioning of the local bodies. Strong leadership, therefore, needs to be provided to those people.
• Local accountability: Local governments are created to provide civic amenities to the people and are accountable at the local level. The residents of the local areas keep a watch on local authorities to ensure the effective performance of their functions.

Local Body Election Process in India

• Like Parliamentary and Assembly polls, the elections to Municipal Corporations, Municipalities, District Panchayats, Gram Panchayats and other local bodies follow a distinct process. 
• It’s to be noted that the power of conducting elections to the Corporations, Municipalities, Zilla Parishads, District Panchayats, Panchayat Samitis, Gram Panchayats and other local bodies is vested with the State Election Commissions (SECs). 
• Besides prohibiting ministers and other authorities from announcing any financial grants, new schemes or development projects ahead of the elections, the model code of conduct also prevents them from making any ad-hoc appointments in the government, which may influence voters in favour of the ruling party.
• Elections to Municipal Corporations: 
  • Municipal Corporation is a state government department established in a city that has a population of more than one million. 
  • Its elections are held once in five years and the people directly choose the office bearers. 
  • They are conducted under the supervision of state election commissions.
  • In some states, it’s the state government that arranges the elections, while in other states the authority lies with the Executive Officers. 
  • Every political party recognised by the Election Commission of India is eligible to contest the election of the Corporation.
• Municipality Elections: 
  • Municipality or Nagar Palika is an urban local body that is in charge of administering smaller district cities and bigger towns with a population of 100,000 or more. 
  • The members of the Municipality are elected for a term of five years. 
  • During the Municipality elections, the town is split into wards according to its population and people directly elect their representatives from each ward. 
  • Post elections, the elected members select a president among themselves to preside over the meetings of the municipality.
• Elections to Nagar Panchayat: 
  • Also known as Notified Area Council, such local government bodies exist in urban centres with more than 11,000 and less than 25,000 inhabitants. 
  • The members of the Nagar Panchayat are elected for a term of five years. 
  • The electorates from several wards of the Nagar Panchayat exercise their franchise. 
  • Besides women, seats are reserved for scheduled castes, scheduled tribes and backward classes.
• Zila Parishad Elections: 
  • The District Council or Zila Parishad is an elected body whose members are elected on the basis of an adult franchise for a term of five years. 
  • It needs to have a minimum of 50 members with a maximum limit being 75. 
  • Besides the elected councillors from electoral divisions in the district, the members of the state legislature and the members of the Parliament are also members of the Zila Parishad. 
  • Seats are also reserved for scheduled castes, scheduled tribes, backward classes and women.
• Village Panchayat Elections: 
  • It’s mandatory for a village having a population of 500 to have a Gram Panchayat. Its members are elected by the villagers for a period of five years. 
  • The number of members of a Gram Panchayat depends on the size of the population. It generally varies from 7 to 17.
  • The elections of the Gram Panchayat are conducted by the state election commissioner in alliance with the District Collector and Tehsildar. 
  • It is the Tehsildar who announces the date of the election. One-third of seats in Gram Panchayat are reserved for female candidates. 
  • The day when the elected members of the panchayat meet for the first time is considered the date of starting the functioning of that Gram Panchayat.
• Panchayat Samiti Elections: 
  • This local government body at the tehsil (taluka) level is an important link between the Gram Panchayat and the Zila Parishad. 
  • The samiti is composed of elected members of the area including the heads of the Gram Panchayats within the block area, the elected members of the Lok Sabha, Rajya Sabha and the state legislature who belong to the block. 
  • Along with them, the Block Development Officer, representatives of scheduled castes, scheduled tribes and women and the representatives of the farmer community also become members of Panchayat Samiti. 
  • The Samiti is elected for five years.

Significance of Local Governments

• True democracy: The term “Democracy” refers to the system of government in the administration of which every adult citizen of the country enjoys some direct or indirect share. It Sustains democracy at the grass-root level. 
• Local participation: If democracy has to function properly, as many citizens as possible should be encouraged to participate in it at the local level. 
• Firm progress: In the long run, the progress achieved under such a democratic method is more firm and more solid than under a system which confines democracy to parliament and the state legislature. 
• It is a basic unit for political socialisation that’s why today it is much more significant in comparison to the other two levels of government. 

Conclusion

• Pt. Jawaharlal Nehru while inaugurating the first local self-government ministers conference in 1948, he said that “Local self-government is and must be the basis of any true system of democracy. We have got rather into the habit of thinking democracy at the top may not be a success unless you build on its foundation from below”.

Source: TH