Local body polls face delays due to politics and OBC quota disputes, despite constitutional timelines. The Supreme Court, including in Maharashtra, has enforced the triple-test and protected the five-year term. Stronger State Election Commissions and real devolution of the 3 Fs are essential for steady grassroots democracy.
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Picture Courtesy: THE HINDU
The Supreme Court of India approved local body elections in Maharashtra, stalled since 2022 over OBC reservation, directing the State Election Commission to conduct them to uphold grassroots democracy.
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Read all about: Missing Spotlight on Urban Polls l Panchayati Raj Movement is in Distress Model l Youth Gram Sabhas l Urban Planning In India |
The 73rd and 74th Constitutional Amendment Acts of 1992 established a three-tier governance structure, granting constitutional status to local self-governments.
These amendments added Part IX (The Panchayats) and Part IX-A (The Municipalities) to the Constitution, to deepen democracy and promote decentralized planning.
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Feature |
73rd Amendment (Panchayats - Rural) |
74th Amendment (Municipalities - Urban) |
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Structure |
Three-tier system: Village, Intermediate (Block), and District levels (Article 243B). |
Three types: Nagar Panchayat, Municipal Council, and Municipal Corporation (Article 243Q). |
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Election Conduct |
State Election Commission (SEC) under Article 243K. |
State Election Commission (SEC) under Article 243ZA. |
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Term Length |
Mandatory five-year term (Article 243E). Elections must be held within six months of dissolution. |
Mandatory five-year term (Article 243U). Elections must be held within six months of dissolution. |
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Reservations |
For SCs/STs in proportion to their population. Not less than one-third of seats reserved for women (Article 243D). |
For SCs/STs in proportion to their population. Not less than one-third of seats reserved for women (Article 243T). |
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Financial Devolution |
State Finance Commission (SFC) to be constituted every five years to review finances (Article 243-I). |
The same SFC constituted under Art 243-I also reviews the finances of Municipalities (Article 243-Y). |
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Functional Items |
Eleventh Schedule, listing 29 functional areas. |
Twelfth Schedule, listing 18 functional areas. |
Political & Administrative Delays
State governments often postpone elections for political reasons, allowing state-appointed administrators to run local bodies. This practice undermines democratic accountability and the principle of self-governance.
Litigation over OBC Reservation: The 'Triple-Test' Hurdle
The Supreme Court, in Vikas Kishanrao Gawali vs State of Maharashtra (2021), mandated a three-condition 'triple test' for implementing OBC quotas in local bodies.
Many states have failed to comply with this test in a timely manner, leading to judicial stays on elections or orders to conduct them without OBC reservation.
Lack of Autonomy for State Election Commissions (SECs)
State Election Commissions (SECs), though constitutionally designed as independent bodies, are dependent on state governments for resources like funding and personnel.
Delayed Delimitation Exercises
The Supreme Court has clarified that the redrawing of ward boundaries (delimitation), often used as an excuse for election delays, is not a valid reason to postpone constitutionally mandated elections.
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Judicial Intervention In Kishan Singh Tomar vs Municipal Corporation of Ahmedabad (2006), the Supreme Court held that the duty of the SEC to conduct timely elections is a constitutional obligation. It ruled that administrative excuses like incomplete electoral rolls or lack of state government cooperation are not valid grounds for postponement. |
Empower State Election Commissions: Grant SECs greater financial and administrative autonomy. Their funding should be a 'charged' expenditure, and they should have independent control over processes like delimitation.
Ensure Genuine Devolution of '3 Fs': For local bodies to be truly effective, states must devolve the 3 Fs:
Proactive Data Collection: States should establish permanent commissions to continuously collect data on backwardness, as required by the 'triple test', to avoid last-minute legal challenges related to reservations.
Adherence to Timelines: A legal framework should be created to make the election process (including delimitation) time-bound, with automatic commencement six months before a local body's term expires.
Upholding the spirit of democratic decentralization requires strong political will from state governments to ensure timely local elections, strengthen the autonomy of State Election Commissions, and genuinely devolve funds, functions, and functionaries.
Source: THE HINDU
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PRACTICE QUESTION Q. Despite constitutional status, local self-governing bodies in India are hamstrung by a lack of functional and financial autonomy. Critically analyze. 250 words |
The 73rd and 74th Constitutional Amendment Acts of 1992 granted constitutional status to Panchayati Raj Institutions (PRIs) in rural areas and Urban Local Bodies (ULBs) in urban areas, respectively. They established these bodies as the third tier of governance in India.
The 'triple-test' is a set of three mandatory conditions for providing OBC reservation in local bodies:
Timely elections are crucial for deepening grassroots democracy, ensuring effective delivery of essential public services, enabling decentralised planning tailored to local needs, and serving as a training ground for political leaders. They ensure accountability and citizen participation in local governance.
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