Grass Root Level Democracy

The Central government cannot oversee the minute workings of all the smallest units in the
country. Therefore, one of the salient features of a good representative government is the
percolation of the self-rule mechanism to the grassroots level, leading to more effective decision-
making and greater accountability. Keeping this in mind, our Constitution has provided for the
creation of panchayats, municipalities and cooperative societies to manage the affairs of the
villages and urban localities in India.
Part- IX- Panchayats
The first Panchayati system (called “Panchayati Raj”) came up in Nagaur city of Rajasthan in
1959 as per the recommendations of the Balwant Rai Committee. This Committee did far-
reaching work in the area of rural democracy, which brought Balwant Rai the title of “Father of
Panchayati Raj.” Gradually, this system was adopted by other states like Andhra Pradesh and
Maharashtra.
However, the Constitution did not lay an obligation upon governments to constitute
panchayats. Article 40 only provided a Directive Principle of State Policy that said the State
should organise village panchayats and give them the necessary powers and authority to function,
but this was not mandatory.
Over time, the Panchayati systems that had cropped up started going lax. A need was felt for a
more well-established decentralized administration. The L.M. Singhvi Committee was appointed
in 1986 to study the problems faced by panchayats. It gave several recommendations, including
that panchayats should be constitutionally recognised, promoted and preserved.

Gram Sabha
The very basic unit of the Panchayati system is the Gram Sabha. It has been defined by Article
243(b) of the Constitution as the body of all the persons registered on the electoral rolls of a
village.
The first question that comes to mind is, what does the Gram Sabha do?
This permanent body is the body of the electorate. This means that all other institutions – Gram
Panchayat, Zilla Parishad, etc. (which we will be talking about later) – are elected by the Gram
Sabha. Moreover, the Gram Sabha acts as a forum where people can discuss matters of
governance and development.
Therefore, Gram Sabha is the primary and fundamental component of the local self-government
system. However, the extent of its powers depends upon the policy of the state in which the
village is located, as mentioned in Article 243A.
The membership of a Gram Sabha is restricted to persons above the age of 18 living in that
village. This is done so that the best decisions, which are in line with the interests of the village,
can be made.

We now move on to the self-government body that is elected by the Gram Sabha – the Panchayat.
Constitution of Panchayats
Under Article 243(d) of the Indian Constitution, ‘panchayat’ has been defined as an institution of
self-government in rural areas.
Article 243B provides for the establishment of a three-tier Panchayati system:
 1. At the village level i.e. Gram Panchayat
2. At the intermediate level i.e. Panchayat Samiti
3. At the district level i.e. Zila Parishad
Intermediate-level panchayats, however, only exist in states where the population exceeds twenty
lakhs.
Gram Panchayat
Gram Panchayat is the lowest level in the panchayat pyramid system.
Each village is divided into even smaller units called wards, each of which selects a
representative of its own. They are called Ward members or the Panch. The Gram Sabha also
elects the head of the Gram Panchayat, called the Sarpanch. Therefore, the Sarpanch and the
Panch together make up the Gram Panchayat.
The main work of the Gram Panchayat is to take care of social issues, construct and maintain
schools, roads and drainage facilities, etc., and to levy and collect local taxes.
The Gram Panchayat is accountable to the general body of voters in the village, i.e. the Gram
Sabha, as well as to the two levels of authority above it in the hierarchy.
Panchayat Samiti
The Panchayat Samiti is the next level in the hierarchy. It oversees the working of the Gram
Panchayats of all the villages located in the block under its jurisdiction.
The Panchayat Samiti is headed by the Pradhan. He or she is elected by a group consisting of all
the members of the Panchayat Samiti as well as all the Panchs of the Gram Panchayats coming
under it.
Zila Parishad
Also known as District Panchayat, this is the highest level of panchayat in the hierarchy of rural
self-government. It oversees the working of the Panchayat Samitis of all the blocks in the district
of its jurisdiction, as well as all the Gram Panchayats under them. Moreover, it controls the
distribution of funds among all the Gram Panchayats. It is responsible for making developmental
plans at the district level.
The Zila Parishad is headed by the Chairman. It also has a Chief Executive Officer as a member,
who is elected by the State government.
Composition of Panchayats
All the members of the three levels in the panchayat hierarchy are elected by the eligible voters
living in the area. However, the state can also make provisions for the representation of Members
of Legislative Assembly (MLAs) or other officials in the panchayat
Each area having a single panchayat is divided into constituencies for the purpose of conducting
elections. It is also desirable that the ratio between the population of each constituency and the
number of seats allotted to it be the same throughout the panchayat area.

Disqualifications for Membership

A person can be disqualified from the membership of the panchayat in certain situations. As
per Article 243F of the Constitution, this can happen when the person has been disqualified from
membership of the Legislature of the Union or the State because of any reason, or if he has been
specifically disqualified from membership of the panchayat by any law.
If a question arises regarding the disqualification of membership of any person, then it will be
solved by the authority and by the process which the Legislature decides.

Bhanumati Etc. v. State of U.P. (2010)

Facts:
In this case, a no-confidence motion was passed against the Chairman of a Zila Parishad under
the U.P. Panchayat Laws (Amendment) Act, 2007. She challenged it on the grounds that a
provision for no-confidence motion could not be made under the statute as it was not mentioned
in the Constitution.
Judgement
The court dismissed the appeal, saying that the Constitution grants the State the power to fixate
specific rules regarding election and membership. Therefore, the no-confidence motion was
sustained.
Thus, this case is an example of the membership of a person to a Zila Parishad being under threat
of disqualification under existing State law, and how the court upheld that motion.
Reservation of seats in Panchayats
The Drafters of our Constitution were aware of the reality of the rampant discrimination in India
at the time of independence – which, unfortunately, has not completely died down even today.
Keeping that in mind, they made special provisions for the representation of marginalised
communities in the local self-government too. This was done to ensure that women, members of
the downtrodden castes, etc. in the rural areas also get the opportunity to have their voices heard.
Article 243D of the Indian Constitution gives the provisions for reservation of seats in the
panchayats for certain communities. They have been briefly described below.
1. Seats should be reserved for members of Scheduled Castes and Scheduled Tribes in
the panchayat, in the same proportion which their population bears to the total
population of the village.
2. At least one-third of the above-mentioned seats should be reserved for women
belonging to Scheduled Castes and Scheduled Tribes.
3. At least one-third of the total seats in the panchayat should be reserved for women
(including the seats reserved under Clause 2).
Part IX does not apply to certain areas
There are certain areas in India that stand as exceptions to Part IX of the Constitution. This means
that the state cannot establish panchayats in those areas. The areas which are provided as
exceptions by Article 243M are mentioned below:
1. The Scheduled Areas and tribal areas in the states of Assam, Meghalaya, Tripura, and
Mizoram
2. The states of Nagaland, Meghalaya, and Mizoram
3. The hilly areas in the state of Manipur and the district of Darjeeling.
However, the Legislature can decide to extend Part IX to some of the above exceptions. The
Constitution says that the Parliament may extend the provisions of Part IX to Scheduled Areas
mentioned in (1) above. Also, the Legislatures of Nagaland, Meghalaya, and Mizoram may
extend Part IX to their states (except the Scheduled and tribal areas).
Scheduled Areas have been excluded from Part IX because these predominantly tribal areas often
had their own customs of governance, or else had been provided with other specific systems for
their benefit. However, the tribes started becoming increasingly vulnerable and lost many of their
forests, minerals, rivers, etc. to developmental projects. Thus, an established system of self-
governance was required for them.
The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA was the law
that brought about a relaxation in exclusion of Scheduled Areas from the 73rd Amendment. The
self-governance system was introduced in ten out of fifteen states having Scheduled Areas.
The case of Union of India v. Rakesh Kumar saw certain challenges to PESA.
Union of India v. Rakesh Kumar (2010)

Facts
Section 4(g) of PESA provided for the reservation of seats in a panchayat for members of
Scheduled Tribes. Also, it said that in panchayats in Schedules Areas, only a member of
Scheduled Tribes would be elected as Chairman. In Jharkhand, the reservations in panchayats in
Scheduled Areas were supposed to be proportionate to the rest of the population and could go up
to 80%.
These provisions were challenged in this case. The argument was that the reservations were
excessive as they went against the cap of 50% reservations held in Indira Sawhney v. Union of
India (1992) and M.R. Balaji v. State of Mysore (1963), and that they violated Article 14.

Judgement
The court held that these reservations were required to assist Scheduled tribes. In Jharkhand, the
government had obligations to Scheduled tribes beyond the 50% cap as reservations were
supposed to be proportional. However, 80% reservation was just the upper limit and it was not
necessary to fill all those seats.
Continuance of existing laws and Panchayats: Article 243-N
Even before the enactment of the 73rd Amendment in 1992, there existed certain laws and
provisions relating to Panchayats in various states. Article 243N, therefore, provides that any
such laws and provisions would continue to be in force even if they were inconsistent with Part
IX of the Constitution unless they were specifically repealed or amended by a competent
Legislature or any other competent authority.
Usha Bharati v. State of U.P. (2014)
Facts
In this case, the appellant was the Adhyaksh of the Zila Parishad of Sitapur, Uttar Pradesh.
Almost 2 years after her election, a motion of no-confidence was passed against her by the
villagers, signed by 37 members, to initiate her removal. This was done in accordance with
Section 28 of the U.P. Kshetra Panchayat & Zila Panchayat Act, 1961. The appellant challenged
this, saying that no provision had been made in the Constitution for a no-confidence motion in
panchayat elections, and thus it was illegal and invalid.
Judgement
The court said that as per Article 243N, any existing laws of the State related to panchayats
would continue to be in force unless repealed or amended. Since the provision for a no-
confidence motion in the U.P. Act had not been repealed and instead, rather had been confirmed
in other judgments since then, it did not go against Part IX of the Constitution.
It also said that the Constitution empowered the state to make laws for the election of
Chairperson of panchayat and therefore, the no-confidence motion in the state was also supported
by it.

PART lX-A: The Municipalities

Just like Panchayati Raj in rural areas, a system of self-governance at the smallest units has been
established in urban areas too. It was added to the Constitution by the Constitution (Seventy-
Fourth Amendment) Act, 1992, which was also known as the “Nagarpalika Act”. This allowed
the members of a particular urban locality to come together and work towards solving the issues
in their area and implementing plans for its development. These self-government bodies are
known as Municipalities.
The advantage of the municipal system is that after people have elected their representatives, they
have someone to approach for expressing their grievances, and someone they can hold
accountable for the management of the locality.
The Municipal system is not much different from the Panchayati system, having only a few
changed aspects that help to cater to the different environment. Now that we have an
understanding of panchayats, we can have a quick look at municipalities given in the provisions
of Part IX-A of the Constitution (Article 243P to Article 243ZG).
Constitution of Municipalities
The Constitution, in Article 243Q, provides for the rules regarding the constitution of
municipalities. According to it, three types of municipalities are to be created:
1. Nagar Panchayats, for transitioning areas (areas turning from rural to urban)
2. Municipal Councils, for smaller urban areas
3. Municipal Corporations, for larger urban areas
Most of the members of municipalities are elected, while there may be some who are nominated
by virtue of their special knowledge and expertise. The state may also provide for representation
of members of the Legislative Assembly and Legislative Council in the municipality.
Nagar Panchayats
Also called Notified Area Committee, it is set up in an area that does not qualify completely as an
urban area but which the government considers important. It is set up in areas having more than
11,000 but less than 25,000 people living.
The members of a Nagar Panchayat are called ward members. They are headed by a Chairman.
Municipal Councils
Also called Nagar Palikas, they are established in areas having more than 1,00,000 but less than
10,00,000 people living.
Its members are also called ward members, and they elect a President to head them. Apart from
that, the State appoints a Chief Officer and other officers like health officer, education officer,
etc. to manage the affairs of the municipal council.
Fun fact: Uttar Pradesh has the largest number of municipal councils.
Municipal Corporations
A Municipal Corporation is also called a Nagar Nigam or a Mahanagar Palika. It is the top tier
municipality and enjoys the highest degree of autonomy. Municipal Corporations are established
in urban areas having a population of more than 1 million.
The biggest Municipal Corporations are found in the major metropolitan cities of India like Delhi,
Mumbai, Chennai, Kolkata, etc.
Wards Committees
For the purpose of conducting elections to the municipality, the area under its jurisdiction is
divided into Wards. These Wards also have their own Committees, consisting of one or more
wards within the area of all municipalities having a population of 3 lakh or more.
Reservation of seats in Municipalities
Special provisions have been made for the representation of marginalised communities in the
urban local self-governments. This has been done to ensure that women, members of the
downtrodden castes, etc. also get the opportunity to have their voices heard.
Article 243T of the Indian Constitution gives the provisions for reservation of seats in the
municipalities for certain communities. They have been briefly described below.
1. Seats should be reserved for members of Scheduled Castes and Scheduled Tribes in
the municipality, in the same proportion which their population bears to the total
population of the locality.
2. At least one-third of the above-mentioned seats should be reserved for women
belonging to Scheduled Castes and Scheduled Tribes.
3. At least one-third of the total seats in the municipality should be reserved for women
(including the seats reserved under Clause 2).
4. The offices of the Chairpersons shall be reserved for Scheduled Castes, Scheduled
Tribes and women as the Legislature decides.
An interesting case in the matter of reservation of seats is Saraswati Devi v. Smt. Shanti Devi and
Ors. (1997).
Saraswati Devi v. Smt. Shanti Devi and Ors. (1997)
Facts
In this case, the appellant and respondent were both women of Scheduled Castes elected to the
Municipal Committee in Loharu, Haryana. The appellant occupied the seat reserved for
Scheduled Castes while the respondent was elected in an unreserved seat. The office of the
President was to be, as per the State, filled by a Scheduled Caste person. Both the women wanted
to contest for this post but while the appellant was allowed to, the respondent was not, as she did
not occupy a reserved seat.
Judgement
The court held that as the respondent was elected as a member not on a reserved seat but a seat
for General category of women, she could not be included in the eligible Scheduled caste
candidates for Presidentship.
While she did belong to the Scheduled Caste category, she and the appellant were not in the same
category for the purpose of elections. Including her would mean that all the elected members
belonging to Scheduled Castes were in one category and thus, could contest for the post of
President, which would distort the reservation scheme given in Article 243T of the Constitution
of India.
Reservation of seats for Backward class of citizens
The Article also says that nothing in Part IX-A shall prevent the Legislature of a State from
making provisions for reservation of seats in a Municipality for citizens belonging to backward
classes. This means that the Legislature has the opportunity to take the existing reservation
provisions forward and extend them to backward classes if it feels the need to do so.

Powers, authority and responsibilities of Municipalities.

The main functions of a municipality include:
1. Construction of buildings and regulation of land use
2. Managing the water supply
3. Protecting natural resources and regulating their use
4. Ensuring public health and proper sanitation
5. Construction of schools in the locality.
Part IX-A does not apply to certain areas
There are certain areas in India that stand as exceptions to Part IX of the Constitution. This means
that the state cannot establish municipalities in those areas. The areas which are provided as
exceptions by Article 243ZC are mentioned below:
1. The Scheduled Areas and tribal areas in the states of Assam, Meghalaya, Tripura, and
Mizoram
2. The Darjeeling Gorkha Hill Council.
However, the Constitution also says that the Parliament can choose to extend the provisions of
Part IX to the Scheduled Areas mentioned above, subject to certain exceptions and modifications
specified by law.
Committee for District Planning
The Constitution has provided for the creation of a District Planning Committee in every district.
What does this District Planning Committee do?
According to Article 243ZD, a Committee for District Planning is set up to consolidate the plans
made by panchayats and municipalities in a district. It is also responsible for preparing
development plans for the district, keeping in mind the interests of both the rural and urban areas
within it and the resources available with the district. These plans are communicated by the
Chairperson of the Committee to the State government.
This article also provides that the State Legislature decide the composition of the Committee and
how the Chairperson will be chosen, as well as the exact functions it will perform.
Committee for Metropolitan Planning
The concept of the Metropolitan Planning Committee is very similar to that of the District
Planning Committee discussed above. Article 243ZE provides for the creation of a Committee for
Metropolitan Planning in every Metropolitan area in a state, which shall make plans for
development keeping in mind the needs of the rural and urban areas within it (with respect to
water and other natural resources, infrastructure, etc.), implement the plans made by the Union or
the State and make investments in the metropolitan area.
PART IX-B: The Co-operative Societies
Panchayats and municipalities are government organisations that are established by the State
governments, and which manage all the affairs of the area in which they are located. However,
sometimes, a group of people with certain shared characteristics (for eg. the same occupation)
may come together to manage the affairs of their community. This is called a co-operative
society, and it is the third type of organisation we shall be discussing.
A co-operative society refers to an organisation of like-minded people who voluntarily come
together to promote their economic, social or cultural interests. They invest their time, efforts and
personal resources for this purpose.
Co-operatives may be of different types, like a co-operative housing society, a co-operative
business society (which sells goods produced by its members), etc. One of the best examples of a
co-operative society in India is Amul, which started as a small society of few dairy farmers in
Gujarat and today runs as one of the main suppliers of dairy products in the country.
The Constitution (Ninety-Seventh Amendment) Act was passed in 2011 to make states facilitate
the creation and working of co-operative societies in their territory. Let’s examine the provisions
regarding co-operative societies, given in Article 243ZH to Article 243ZT under Part IX-B.
Incorporation of co-operative societies
Just like any other institution or organisation, co-operative societies to need a prescribed
procedure for their incorporation. If we want to create a co-operative society today, what are the
rules we must follow?
Well, these rules vary from state-to-state. Article 243ZI mentions that a State Legislature can
decide the process of incorporation, regulation and winding up of co-operative societies in its
territory, keeping in mind the major co-operative principles – democratic set-up, member
participation, and autonomy.
Conclusion

OBJECTIVES OF GIVING ONE-THIRD RESERVATION OF WOMEN IN PRIs

In spite of the fact that women constitute nearly half of the total population they are marginalized
from enjoying the fruits and benefits of equality and independence. Indian society is characterized by
male dominance.
Status of women is considered as inferior to men. Equal status of women is out of reach though the
constitution of India talks about equality of men and women. Keeping in mind the importance of
women as human resource contributing to development, their participation in democratic processes
was also envisaged.
As a first step, representation of rural women in political processes was ensured by a specific
provision incorporated in the constitution of India through the 73rd amendment Act, 1992. The
significant provision of new Panchayati Raj Act is reservation of one third of seats for women in all
positions in local bodies. The provision not only addressed the strategic needs of women but also
tried to provide them space in local development activities.
The main objective behind implementation of this Act is Gender-Equality and political
empowerment of women.
3.1 Gender Equality: For various historic and socio-cultural reasons, women are vulnerable section of
our society and several macro indicators related to education, health, employment, economic
participation etc. point towards an adverse status of women vis-à-vis men. Women also comprise a
sizeable segment of the poverty struck population. The commitment to gender equity is well
entrenched at the highest policy making level- the constitution of India.
A few important provisions for women are: 
 Article 14 : Ensure equal rights and opportunities in political, economic and social spheres. 
 Article 15 : Prohibits discrimination on grounds of sex. 
 Article 15B : Provides special provision in favour of women. 
 Article 39 : Provides equal means of livelihood and equal pay for equal work. 
 Article42 : Provides just and humane conditions of work and maternity relief. 
 Article 51(A) (e): Fundamental Duty to renounce practices, derogatory to dignity of women.
Besides the above provisions, the 73rd Amendment to the constitution has created a mile
stone in the path of achieving gender equity in Indian Society.
It has been felt that democratic decentralization would he rendered meaningless unless gender
equality is ensured. The pace of development in any civil society would be slow if women who
constitute about 50 percent of the population are not facilitated to participate in the development
process. India with female population of over 450 million possesses a vast reservoir of women power
which exceeds the combined total population of the South East Asian countries.
Gender is central to how societies assign roles, responsibilities resources and rights between women
and men (Swaminathan, 1987). The 73rd Amendment Act by providing reservation to women has
made them conscious about their rights and role in policy making exercise at the local level. This
provision is congenial to the development process of a nation. For overall growth of the nation it is
essential to ensure advancement of women in all spheres of life.

The govt. of India has initiated numerous steps from time to time for gender equity, but their impact
on the emancipation of females in our country is very slow. It is possible to achieve gender equality
only by bridging the gap between promise and performance.
Therefore, govt. both at the central and regional levels should take proper steps to implement this
act effectively for eliminating all sorts of social and economic discriminations against females for
improving their capabilities and enabling them to contribute to the national development.
3.2 Political Empowerment The 73rd Amendment to the Indian constitution has created history in
the arena of Indian Polity as it provided one third reservation for women in village Panchayats. In the
context of meager representation of women in the state and national legislatures vis-à-vis their
population, this step should be considered a significant land mark in the process of political
empowerment of women.
O.P. Bohra states that 73rd Amendment Act mainly aimed at decentralizing the power and also
removing the gender imbalances and bias in the institutions of local self govt. He justifies the
rationale to provide reservations for following reasons, what is the actual intention of our policy
makers. 73rd constitutional amendment actually aims for shared perception of justice, deprivation
and oppression. Shared experience of marginalization vis-à-vis power structure.
Collective empowerment through representation and democratic process will give them voice,
feelings of solidarity and democratic politics. Affirmative action will build a critical mass of local
leadership of such groups will be active participants in the strategic decision making.
Empowerment of women involves many things - economic opportunity, property rights, political
representation, social equality, personal rights and so on.
The 73rd Amendment Act is step forward to help woman politically empowered. This Act gave the
women an opportunity to take active part in decision making and implementation of programmes
affecting their lives as equal partners.
Women play important role in the decision making process of family involving household
management, proper education, nutrition health care of the children. They better know their
problems. So the involvement of women in the decision- making process at different levels of the
government particularly at the grass root level is highly conducive to the overall welfare of the
people and developmental activities.
As traditional ‘home-managers’ and endowed with the abilities of identifying the common needs of
the villages, optimizing the use of the limited resources, interpersonal networking skills in social
mobilization and their innate urge of being recognized through their service make women ideally
suitable to assume leadership at the local level. This Act has also improved the status and self-
esteem of women. Being elected as a representative of panchayat, some felt that their and their
family’s status had improved. For some, this Act has also created an opportunity for personal growth
of women. The political empowerment of women demands that they must think and act according
to their knowledge and conscience. Their exposure in the decision-making process is also helping
them to be conscious about their rights and duties to be enjoyed in a civil society.

IV. OBSTACLES IN IMPLEMENTING IT

The reservation provision under the 73rd Amendment Act was made to ensure that women play a
major role in rural reconstruction. It also provided women an opportunity to demonstrate their
potential and to prove their capability as partners in the process of development. But it has been
observed that so many obstacles are there in the path of political empowerment of women. Causes
related to is of various kinds and varied in nature, however a few basic causes deserve specific
mention.

4.1 Gender Discrimination: Although, gender discrimination has been banned by the constitution and
women have been guaranteed political equality with men, yet there is difference between the
constitutional rights and rights enjoyed in reality by women. Even after half a century of
independence bearing a few exceptions, women have mostly remained outside the domain of power
and political authority. Insecurity does not allow the women leaders to assume leadership at the
grass roots level. In reality, they are members on record only. Allegedly, they are not consulted while
taking decision.

4.2 Lack of Education and Awareness: Education and awareness is inter-related with each other.
Awareness is rested upon the pillars of education. Education plays an important role in bringing
about awareness on women’s rights. Although education is essential for everyone but in case of
women it is particularly significant. Education not only opens up vast avenues and opportunities for
growth, but affects families and future generations as well. Education empowers women to make
decisions about themselves, their families and their communities.

4.3 Lack of Social and Economic Empowerment: Indian women are bound to follow the traditions
and customs of a community. She is required to bear all the practices of traditional values in any
culture. Women are supposed to perform all household chores and child upbringing without raising
any voice in family’s decision making process. Exposure to outer world is prohibited for them. Even
she has no right to think of herself or about her own children. At present, also some people think
that women are meant to be decorated with sarees and ornaments and their world is restricted to
the four walls of their homes. Indian culture bothers most about safeguarding virginity of women.
This type of social practice and attitude creates women immobility. Immobility of women also leads
to low level of literacy.
4.4 Lack of Political Will: There has been a general tendency to blame the political leaders for the lack
of empowerment of the PRIs. They have certainly been responsible for it to some extent for this
dismal situation. The political leaders as well as representatives in the PRIs are equally responsible
for this state of affairs. There are various good laws for women emancipation and empowerment but
when it comes into reality, it is less fruitful. Reservation for women at Panchayat level has been
implemented for almost over two decade, but in case of parliament and state legislative process still
is in cold storage.
4.5 Lack of support of Govt. Mechanisms: One of the major reasons for the inadequate participation
of the people in Panchayati Raj affairs is the unhelpful and overriding role of Government
mechanisms i.e. Bureaucracy. Bureaucracy was at the helm of affairs during the British era. After
independence too, it has been in a commanding position. Its tendency to rule, instead of support the
people, continues unabated. Even if there are rules which prohibit them from interfering in the
affairs of the Panchayats, they still manage to impose their will by conceiving with the vested
interests in the PRIs

CONCLUSION: Due to reservation, thousands of women were elected to local bodies. Women get the
opportunity to share power with men. Reservation has also recognized the identity of women and
their presence in the public life. The aim to bring women into the local governance and development
processes has been fulfilled. To make women’s participation more effective and reflective of their
own interest, it is essential to build their confidence and ability. Still then it cannot be denied that
reservation at the grassroots level is a revolutionary step.
Election Commission of
India
Introduction
The Election Commission is a body which is responsible for making sure and
conducting free and fair elections in the country. This power has been vested
to the body by Article 324 of the Constitution of India. Since its establishment
in 1950 and till 15th October 1989, the Election Commission had functioned
as a single member body consisting of the Chief Election Commissioner. But
on 16th October 1989, the President of India appointed two more election
commissioners to cope up with the increased work of the election
commission, this was done due to the fact that the voting age had been
reduced to 18 years from 21 years. And in October 1993, the President of
India appointed two more election commissioner and since then, to this day,
the Election Commission has been functioning as a multi-member body
consisting of three election commissioners. This article deals with the
Election Commission’s powers and functions as well as the flaws which are
present in the body.

What is the Election commission?

 The Election Commission is an independent and permanent body which
is established by the Constitution of India to ensure free and fair
elections in the entire nation.

 Article 324 of the Constitution of India provides for the power of

superintendence, direction, and control of the elections for the
parliament, state legislatures, the office of the President of India and
the office of the Vice-President of India, is vested in the Election
Commission’s jurisdiction. Hence, the election commission is a body
which is common to both the Central Government as well as the State
Governments.
  The election commission is not at all concerned with the elections of
panchayats and municipalities in the states, for these elections, there is
a separate body which is called as the State Election Commission.

What is the mission and the vision of the

Election Commission?
 The Mission of the Election Commission: The Election Commission
of India has to maintain its independence, integrity, and autonomy and
it must also ensure ease of accessibility, inclusiveness, and ethical
participation. It must also adopt the highest standards of
professionalism for free, fair, and transparent elections in India to
strengthen the trust which the people have in the electoral democracy
and governance.
 The Vision of the Election Commission: The Election Commission of
India has to be an Institution of excellence by intensifying active
involvement through participation and deepening as well as
strengthening the situation of Democracy in India.

What is the Composition of the

Election Commission?
As per Article 324, the Constitution of India has made many provisions with
respect to the composition of the election commission, these are,

1. The Election commission will consist of the chief election commissioner

and any number of other election commissioners, if any, as per the
President of India’s assent.
2. The appointments of the chief election commissioner and any other
election commissioner will be done by the President of India himself.
3. When another election commissioner is appointed then in such cases,
the chief election commissioner will have the authority to act as the
chairman of the election commission.
4. The President of India can also appoint regional commissioners as he
deems necessary to assist the election commission, this can be done
after consulting with the election commission.
5. The tenure and the conditions of the work to be done by the election
commissioners and the regional commissioners will be determined by
the President of India.
The chief election commissioner and the two other election commissioners
have equal powers and they also receive equal salary and allowances, these
are similar to those of a Judge of the Supreme Court.
Tenure: They hold the office for a period of 6 years or till they attain the age
of 65 years, whichever happens first and they can also resign at any time or
can be removed before the expiry of their tenure.

How is the Election Commission

independent?
Article 324 of the Constitution of India has made many provisions which
safeguard and ensures that the Election Commission is independent and
impartial in its functioning, these are the following provisions,

1. The chief election commissioner has been provided with the stable
tenure and he cannot be removed from his office except in the manner
and grounds on which a Supreme Court’s Judge is removed from his
office. He can be removed by the President of India on the basis of a
resolution passed for such an outcome by both the Houses of the
Parliament with a special majority (2/3rd of the members present and
voting) which is either on the grounds of misbehaviour or incapacity to
work.
2. The conditions of the chief election commissioner’s service cannot
change to his disadvantage after his appointment is done.
3. Any other commissioner (election commissioner or regional
commissioner) cannot be removed from his office unless it is done on
the recommendations of the chief election commissioner himself.

Flaws in the Election Commission

 The Constitution of India has not specified the qualifications of the
members of Election Commission.
 The Constitution of India has not specified the term of the tenure of the
members of the Election Commission.
 The Constitution of India has not restricted the retiring election
commissioners from any further appointments by the government of
India.
Click above

What are the powers and functions

that the Election Commission of India
possess?
The powers and functions of the Election Commission with respect to the
Parliament, the state legislature, and the offices of the President and the
Vice-President of India, are can be categorised into three kinds, these are,

Administrative Powers
The important responsibility of superintendence, direction and control of the
conduct of elections covers powers, duties and functions of many sorts, these
are essentially the administrative powers of the election commission of India.
Article 324 vests many functions in the Commission which may be powers or
duties, essentially administrative and even judicative or legislative.

Advisory Powers
The Election Commission of India has been vested with this power in the
cases where if a person is found to be guilty of any corrupt practices during
an election either by a High Court in an election petition or by the Supreme
Court in an election appeal, the President of India decides whether such a
person should be disqualified for contesting elections in the future or not and,
if so, for what time period. Before taking a decision on the occurrence of such
a scenario, the President of India requests to obtain the opinion of the
Election Commission and may act according to such opinion as per the
situation.

Quasi-Judicial Powers
The Election Commission has another important function to perform under
the law. All associations or the bodies of citizens calling themselves as
political parties and willingly wishing to contest the elections under the name
and banner of a political party have to get themselves registered with the
Election Commission. Such a function of registration of political parties by the
Election Commission has been held by the Supreme Court to be a quasi-
judicial function of the Election Commission of India.

Hence, the Powers and Functions of the Election Commission include

1. To Notify the dates and the schedule of the elections and to scrutinise
the nomination papers.
2. To prepare and revise electoral rolls and register all the eligible voters.
3. To determine the areas of the electoral constituencies throughout the
territory of India.
4. To grant recognition to the political parties and assign the election
symbols to the political parties.
 5. To act as a Court for settling disputes which are related to granting
recognition to the political parties and in the allotment of election
symbols to these political parties.
6. Determining the code of conduct to be followed by the parties and the
candidates at the time of the elections.
7. Appointment of officers for inquiring into disputes related to electoral
arrangements.
8. Preparing a roster for publicity of the policies of the political parties.
9. Advising the President of India on the matters related to the
disqualifications of the members of the Parliament.
10. Advising the Governor of a state on the matters related to the
disqualifications of the members of the state legislature.
11. Cancelling of polls in cases of rigging, booth capturing, or any other
irregularity.
12. Requesting the President of India or the Governor of a State for
commandeering the staff for conducting the elections.
13. Supervising the machinery of the elections throughout the territory of
India and ensuring fair and free elections in the country.
14. Advising the President of India on the scenario of President’s rule in the
state.
15. Registering the political parties for elections and granting them the
status of a national or a state political party on the account of their poll
performance.
Case: Brundaben Nayak v. Election Commission of India and
another 1965 AIR 1892, 1965 SCR (3) 53.

If any question gets raised whether any sitting member of the Parliament or
of the State legislature has become a subject to disqualification for
continuing as a member under the Constitution of India (on grounds other
than that of the ground of defection) or any law. Such a matter is decided by
the President of India in cases which involve the members of the Parliament
and in cases which involve the member of the State Legislature then the
governor of that state has to decide on such a matter. And he is bound by the
opinion of the Election commission in these matters as established in this
case.

Hence, in this case, it was held that the President of India and the governors
of States are bound by the opinion of the Election Commission of India in
such matters and they are not required to even consult the council of
ministers in this regard.
What are the guiding principles of
good governance?
The election commission of India has itself laid down the guiding principles of
good governance, these are,

1. Upholding the values that are enshrined in the Constitution, i.e.

equality, equity, impartiality, independence. As well as rule of law in
superintendence, direction, and control over the electoral governance.
2. Conducting elections with the highest standard of fairness,
transparency, integrity, credibility, freeness, accountability, autonomy,
and professionalism, as much as possible.
3. Ensuring the participation of all the eligible citizens in the election
process in a voter-friendly environment.
4. Engaging with the political parties and all the stakeholders in the
interest of the election process.
5. Promoting awareness about the election process among the voters,
political parties, election functionaries, candidates and people at large
and enhancing and strengthening the confidence and trust of the
people in the electoral system of India.
6. Developing the human resource for effective delivery of the electoral
services.
7. Making sure that quality infrastructure is built for smooth conduct of
the electoral process.
8. Adopting new and improved technology in all areas involving the
election process.
9. Contributing to the reinforcement of democratic values by maintaining
and reforming the confidence and trust of the people of the nation in
the electoral system of India.
10. To strive for the adoption of new and innovative practices for achieving
excellence and overall realization of the vision and mission of the
Election Commission of India.

Conclusion
Over the decades, the Election Commission of India has conducted a good
number of elections in India and there have been many changes to the
electoral reforms to strengthen the democracy and enhance the elections in
India. However, the elections in India have become or are still plagued to this
day. This is due to many reasons, the reasons for such events happening may
be, to win votes, the political parties resort to using foul methods or corrupt
practices in order to gain an advantage in the Elections.
The Election Commission of India tries its level best to wipe out the virus of
malpractices from its roots. This is done through the usage of the new and
improved technology which is ever growing and developing every day. The
Election Commission of India has taken many steps in the recent past to
overcome the corrupt practices that may exist. Through schemes for use of
State-owned Electronic media for broadcasting by Political parties, providing
electors with identity cards, and simplifying the procedure for maintenance of
accounts and filling the same by the candidates, etc.

Electoral Reforms in India

Why in News?
With India's ongoing General Elections 2024, there's a spotlight
on past electoral reforms, from the founding of the Election
Commission to the introduction of Electronic Voting
Machines and recent changes in the procedure for appointment
of election commissioners.

 These reforms reflect the continuous evolution and

enhancement of India's electoral system, capturing
the essence of democratic progress.
What are the Key Electoral Reforms Enacted in India?
 Foundation of Election Commission and First
General Election: The Election Commission of India
was founded on 25th January 1950, under the
leadership of Sukumar Sen (originally the
commission had only a Chief Election
Commissioner).
o Inaugural General Election held
from October 1951 to February 1952,
marking the participation of 17.5 crore
voters amidst logistical hurdles.
 o Despite an illiterate electorate and refugee
populations, India embraced universal
suffrage for citizens above 21 years.
 Lowering of Voting Age: The 61st Constitutional
Amendment Act of 1984 reduced the voting age
from 21 years to 18 years for the Lok Sabha as
well as the assembly elections.
o This was done to provide the unrepresented
youth of the country an opportunity to
express their feelings and help them
become a part of the political process.
 Deputation to Election Commission: In 1985, a
provision was made that the officers and the staff
engaged in the preparation, revision and correction
of electoral rolls for elections are deemed to be on
deputation to the Election Commission for the
period of such employment.
o These personnel, during that period, would
be under the control, superintendence and
discipline of the Election Commission.
 ECI as Multi-Member Commission: The Election
Commission of India (ECI) became a Multi-Member
Commission for the first time in 1989.
o On 1st January 1990, the positions of these
additional election commissioners were
abolished.
o However, the ECI became a three-member
body again on 1st October 1993 (with one
Chief Election Commissioner and two
election commissioners), which remains the
structure today.
 Transition to Ballot Papers from Coloured
Ballot Box: In the early years of Indian
elections, individual coloured ballot boxes were
used for each candidate.
o Voters would cast their votes by dropping
paper ballots into the respective boxes, a
method that required meticulous counting
and posed challenges in preventing fraud
and manipulation.
o The introduction of ballot papers
marked a crucial step towards
streamlining the voting process.
 Voters would mark their
preferences on paper ballots, which
were then collected and counted
manually.
 While this method improved vote
counting accuracy, it still had
limitations such as potential errors
and delays in announcing results.
 Electronic Voting Machines: In 1989, a provision
was made to facilitate the use of Electronic Voting
Machines (EVMs) in elections.
o The EVMs were used for the first time in
1998 on experimental basis in selected
constituencies in the elections to the
Assemblies of Rajasthan, Madhya Pradesh
and Delhi.
o The EVMs were used for the first time in
the general elections (entire state) to
the Assembly of Goa in 1999.
o They are indigenously designed, developed
and manufactured by Bharat Electronic
Ltd. and Electronics Corporation of
India Ltd. under technical guidance of the
Election Commission's Technical Expert
Committee.
 Provision Against Booth Capturing: In 1989, a
provision was made for adjournment of poll or
countermanding of elections in case of booth
capturing. Booth capturing includes:
o seizure of a polling station and making
polling authorities surrender ballot papers or
voting machines
o taking possession of polling station and
allowing only one’s own supporters to
exercise their franchise
o threatening and preventing any elector from
going to polling station
o seizure of the place being used for counting
of votes.
 Model Code of Conduct (MCC): T.N. Seshan's
tenure as CEC was one the most influential periods
for the ECI, marked by his efforts to enforce
the Model Code of Conduct (MCC) with greater
efficacy.
o Originating in Kerala in 1960, the MCC
initially comprised basic 'Dos and Don'ts.'
o By 1979, the ECI, in collaboration with
political parties, expanded the code,
including measures to curb the misuse of
power by the ruling party for unfair
advantages in elections.
o It was also during his tenure that electors’
photo identity cards (EPICs) were
introduced in 1993.
 Allocation of Time on Electronic Media: Under a
2003 provision, the Election Commission
should allocate equitable sharing of time on the
cable television network and other electronic
media during elections to display or propagate any
matter or to address the public.
 Restrictions Imposed on Exit Polls: According to
a 2009 provision, conducting exit polls and
publishing results of exit polls would be prohibited
during the election to Lok Sabha and State
Legislative Assemblies.
o “Exit-poll” is an opinion survey
regarding how electors have voted at
an election or how all the electors have
performed with regard to the identification
of a political party or candidate in an
election.
 Online Enrolment in the Electoral Roll: In 2013,
a provision was made for online filing of applications
for enrolment in the electoral roll. For this purpose,
the Central Government, after consulting the
Election Commission, made the rules known as
the Registration of the Electors (Amendment)
Rules, 2013.
 None of the Above Option: The Supreme Court
directed the Election Commission to include
the None of the Above (NOTA) option in ballot
papers and EVMs, allowing voters to abstain from
voting for any candidate while maintaining ballot
secrecy.
o NOTA was introduced in elections in
2013, ensuring voters' right to abstain from
voting discreetly.
 Voter-Verifiable Paper Audit Trail System: ECI
started exploring the possibility of introducing
a Voter-Verifiable Paper Audit Trail (VVPAT)
system to increase transparency and verifiability in
the poll process.
o In 2011, a prototype was developed and
demonstrated before the ECI and its expert
committee.
o In August 2013, the Central government
notified the amended Conduct of
 Elections Rules, 1961, enabling the ECI to
use VVPAT with EVMs.
o The VVPAT was used with EVMs for the first
time in a bye-election from the 51-Noksen
Assembly Constituency of Nagaland.
Note
As per Indian Statistical Institute (ISI) calculations, even counting
slips from 479 randomly selected VVPATs across the
country would guarantee over 99% accuracy.
 Appointment of Election
Commissioners: Previously, the chief election
commissioner and election commissioners were
appointed by the President on the recommendation
of the central government.
o However, in March 2023, the Supreme Court
in Anoop Baranwal vs Union of India
Case highlighted the recommendations
from the Dinesh Goswami Committee on
Electoral Reforms (1990) and the Law
Commission's 255th report on Electoral
Reforms (2015).
 Both committees suggested a
committee comprising the Prime
Minister, Chief Justice of India
(CJI), and the Leader of the
Opposition for appointing the CEC
and ECs.
o The recent CEC and Other ECs
(Appointment, Conditions of Service
and Term of Office) 2023 supersedes the
Election Commission Act, 1991 covering the
appointment, salaries, and dismissal
procedures for the CEC and ECs.
 Under the new law, the President
appoints them based on
recommendations from
a Selection
 Committee comprising the Prime
Minister, a Union Cabinet
Minister, and the Leader of the
Opposition or the leader of the
largest opposition party in the Lok
Sabha.
What are the Key Committees Related to Electoral
Reforms?
 Dinesh Goswami Committee on Electoral Reforms
(1990)
 Vohra Committee on Crime-Politics Nexus (1993)
 Indrajit Gupta Committee on State Funding of
Elections (1998)
 Second Administrative Reforms
Commission Report on Ethics in Governance (2007)
headed by Veerappa Moily
 Tankha Committee (Core Committee) on
Election Laws and Reforms (2010)
Indelible Ink- Symbol of Indian Elections
 The indelible ink, a symbol of Indian elections, is
used to prevent multiple voting. It contains silver
nitrate and remains visible even after exposure to
soap or liquids for up to 72 hours.
 The ink, initially made by the Council of Scientific
& Industrial Research (CSIR) and patented by the
National Research Development Corporation, is now
solely produced by Mysore Paints & Varnish Ltd.,
a prominent undertaking of Govt. of
Karnataka and exported to over 25 countries.
Note
 EVMs and VVPATs are designed and manufactured
indigenously by Bharat Electronic Limited (BEL),
a PSU under the Defence Ministry, and
the Electronic Corporation of India Limited
(ECIL), another PSU under the Department of
Atomic Energy.