Rajasthan State Election Commission (R-SEC) : Introduction, Structure, Functions, Drawbacks, Suggestions and State Election Commissioners

Introduction

• It is a constitutional and independent commission.
• It is a single member commission, whose chairman is the ‘State Election Commissioner’.
• Its provision has not been made in the original constitution. That is, it was added later.
• It has been added to the constitution by the 73^rd and 74^th Constitutional Amendment Act, 1992. That is, it was given constitutional status.
• 73^rd Constitutional Amendment Act 1992 :-
  • Passed by Lok Sabha : 22 December 1992
  • Passed by Rajya Sabha : 23 December 1992
  • Assent by President : 20 April 1993
  • Implemented : 24 April 1993
  • By this constitutional amendment, a new part 9 was added to the constitution, titled “Panchayats”, in which provisions from Articles 243 to 243 (O) were included and a new 11^th schedule was added, in which 29 subjects were included under the functions of Panchayats.
• 74^th Constitutional Amendment Act 1992 :-
  • Passed by Lok Sabha : December, 1992
  • Passed by Rajya Sabha : December, 1992
  • Assent by President : April, 1993
  • Implemented : 1 June, 1993
  • By this constitutional amendment, a new part 9 (A) was added to the constitution, titled “Municipalities”, in which provisions from Articles 243 (P) to 243 (ZA) were included and new 12^th schedule was added, in which 18 subjects were included under the functions of urban local bodies.
• Provisions :-
  • For Panchayati Raj Institutions (PRIs) : Part 9, Article 243 (K)
  • For Urban Local Bodies (ULBs) : Part 9 (A), Article 243 (ZA)

To conduct free and fair elections to the local bodies, provision for State Election Commission has been made in Part 9, Article 243 (K) of the Constitution for Panchayati Raj Institutions (PRIs) and in Part 9 (A), Article 243 (ZA) for urban local bodies.

State Election Commission, Rajasthan :-

• Establishment order : Issued on June 17, 1994.
• Establishment : Made on July 1, 1994 under the ‘State Election Commissioner (Service Conditions) Rules 1994’. (Article 243 K)
• Commencement of work : July 1, 1994
• Headquarter : Jaipur
• The first elections of local bodies in Rajasthan were conducted by the Commission in 1995.
• Provision for this commission has also been made in Section 119 and 120 of the ‘Rajasthan Panchayati Raj Act 1994’.

Structure/ Organisation

State Election Commissioner

Termination process (State Election Commissioner)

Impeachment procedure against the State Election Commissioner :-

• The impeachment process begins with a motion signed by 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
• If the motion is accepted, an inquiry committee is formed by the Lok Sabha Speaker or Rajya Sabha Chairman, consisting of three members who are the following-
  1. A judge of the Supreme Court
  2. Chief Justice of any High Court
  3. Eminent jurist
• This committee frames the charges and seeks a written reply from the State Election Commissioner.
• This committee conducts a thorough investigation of the allegations.
• After the investigation, the committee determines whether the allegations are true or not. After which the committee submits its report.
• If he is not found guilty in the investigation, then no further action is taken but if he is found guilty in the investigation, then the motion is debated in the same House in which the motion was introduced.
• The State Election Commissioner or his representative has the right to present his side.
• After that, the motion is voted on.
• A special majority is required for the motion to pass. (A majority of at least two-thirds of the members present and voting in that House.)
• If it is supported by two-thirds of those voting, the motion is deemed to have been passed.
• The same process is then repeated in the other House of Parliament.
• The motion, if passed in both Houses, is presented to the President under Article 124 (4), following which the President removes the State Election Commissioner from office.

Note :- Till now no impeachment has been brought against any State Election Commissioner in Rajasthan.

Chief Electoral Officer (CEO)

• Provisions : Section 13A of the Representation of People Act 1950
• The Chief Electoral Officer is a part of the Election Commission of India.
• An IAS officer is appointed to the post of Chief Electoral Officer.
• The Chief Electoral Officer conducts the following elections in Rajasthan :-
  1. Lok Sabha elections
  2. Assembly elections
  3. Elections of the President in the Legislative Assembly
  4. Elections for Rajya Sabha seats
• The current Chief Electoral Officer of Rajasthan is Naveen Mahajan (IAS).

Note :- Chief Electoral Officer is not a part of the State Election Commission.

Measures taken to keep the Commission autonomous, independent and impartial

1. Articles 243 (K) and 243 (ZA) provide constitutional basis to the Commission.
2. Transparent appointment process of the State Election Commissioner. (By the Governor on the recommendation of the Chief Minister and the Council of Ministers)
3. Permanence of the tenure of the State Election Commissioner. (5 years/65 years of age, whichever is earlier)
4. Complex process for removal of State Election Commissioner from office. (by the impeachment process by the President)
5. The salary and allowances of the State Election Commissioner are charged on the Consolidated Fund of the State. (There can be debate on this but no voting)
6. There is a ban on disadvantageous or negative changes in the service conditions after the appointment of the State Election Commissioner. (If disadvantageous or negative changes are made in the service conditions after the appointment, then it will not apply to the current commissioner but will apply to the next commissioner.)

Functions and role of the commission

1. The most important function is to organize, conduct, supervise, direct and control the elections of local bodies.
2. To do work related to delimitation and reservation of constituencies. [To provide advice to the State Government (State Delimitation Commission) in delimitation work]
3. For local bodies (PRI, ULB)-
   1. To announce the date or program of elections.
   2. To organize elections. (General elections and by-elections)
   3. To postpone, cancel elections and conduct re-polls.
4. To do various works for the convenience of voters like- to arrange drinking water, voter brochure, ramp for the disabled.
5. At present, the facility of voting at home has been provided for specially abled people and the elderly.
6. To implement voter awareness programs.
7. To get the voter lists renewed (only in the elections of local bodies (PRI, ULB))
8. To implement the model code of conduct during elections.
9. To implement various reforms and innovations in elections. Like- use of EVM, photo voter list, control over election expenditure.
10. Distribution of election symbols and settlement of disputes related to it. (No party has election symbol in Gram Panchayat elections.)
11. Demanding adequate election machinery from the Governor for smooth conduct of elections. (It is the duty of the Governor to provide election machinery for free and fair elections.)
12. Determining in which local body elections of the state political parties will participate and in which they will not.
13. Allocating time and days to political parties for election campaigning during national broadcast on Doordarshan and All India Radio.
14. Submitting annual report to the Governor.
15. Doing any additional work assigned by the State Legislature.

Drawbacks/Criticism of the Commission

1. The posts of State Election Commissioner, Secretary and other employees are continuously vacant in the Commission.
2. The qualifications of the State Election Commissioner are not mentioned in the Constitution.
3. Monopoly of the State Government in the appointment of the State Election Commissioner.
4. There is a huge workload even though it is a one-member Commission.
5. According to the Supreme Court, it is not logical to appoint only a retired public servant (Retired IAS) as the State Election Commissioner.
6. The Commission’s dependence on the State Government for human resources (employees).
7. The annual report of the Commission is a formal process. That is, it is not discussed in the Assembly.
8. Unnecessary interference of the State Government in the Commission.
9. Lack of coordination between the State Election Commissioner and the Chief Electoral Officer.
10. Inability to effectively implement the Model Code of Conduct.

Suggestions or way forward

1. According to the Second Administrative Reforms Commission, the appointment of the State Election Commissioner should be made on the recommendation of a committee. Its composition is as follows-
   1. Chief Minister
   2. Assembly Speaker
   3. Leader of Opposition in the Assembly (Opposition)
2. Additional members should be appointed in the Commission. (Due to excessive workload)
3. There should be a direct secretariat in the state which provides assistance to the State Election Commissioner and Chief Electoral Officer.
4. The State Election Commissioner should effectively implement the Model Code of Conduct.
5. An institutional mechanism should be established to bring the Election Commission of India and the State Election Commission together so that both can share each other’s experiences.
6. Permanent employees should be appointed in the Commission.
7. Unnecessary interference of the State Government in the Commission should be reduced.
8. Instead of government or retired public servants, an independent person should be appointed as the State Election Commissioner.

List of State Election Commissioners of Rajasthan

Other important facts

• The District Collector conducts the elections of local bodies (PRI and ULB) in the district as the District Election Officer.
• The District Collector gets the voter list updated from time to time in the district as the District Registration Officer. That is, the District Collector, as the District Registration Officer, gets the voter lists renewed from time to time from the Booth Level Officer (BLO).
• The District Collector works under the State Election Commission as the District Election Officer and District Registration Officer.
• The first elections of Panchayati Raj Institutions (PRI) in Rajasthan were conducted by the Panchayat Department in 1960.
• The first elections of Urban Local Bodies (ULB) in Rajasthan were conducted by the Election Department in 1963.
• Number of free symbols for Municipality President 40 (election symbol)
• The tenure of the first and second Election Commissioner in Rajasthan was 6 years or 62 years of age, but later the second Election Commissioner Nekram Bhasin sent a proposal to the government that it should be made 5 years or 65 years of age. Therefore, the government accepted this proposal and implemented this term from the time of the third Election Commissioner.
• The intervention of the court is prohibited in any dispute related to Panchayat elections. That is, questions can be raised on Panchayat elections only in the form of an election petition, which can be presented before the authority determined by the State Legislature law.
• In the elections of local bodies, the Subdivision Officer acts as the ‘Returning Officer (RO)’, while the Tehsildar acts as the ‘Assistant Returning Officer (ARO)’.
• In the elections of Lok Sabha and Assembly, the District Collector acts as the ‘Returning Officer (RO)’, while the Subdivision Officer acts as the ‘Assistant Returning Officer (ARO)’.

Panchayati Raj Institutions (PRIs)

Rajasthan has a three-tier system of Panchayati Raj consisting of Zila Parishad (district level), Panchayat Samiti (block level) and Gram Panchayat (village level).

1. Zila Parishad : Zila Parishad is a local body at the district level to provide essential services and facilities to the rural population.
2. Panchayat Samiti : Panchayat Samiti is a local body. It is the link between Gram Panchayat and Zila Parishad.
3. Gram Panchayat : Gram Panchayat is the elected body at the first level and is the basic unit of democracy, which is the local government with specific responsibilities. Like Gram Panchayat, Gram Sabha is the general assembly of all the citizens of the village.

Panchayati Raj Institutions in Rajasthan

Panchayati Raj Institutions elections in Rajasthan

Urban Local Bodies (ULBs)

The urban local bodies in Rajasthan are called Municipal Corporation, Municipal Council and Municipality.

Urban Local Bodies in Rajasthan

Urban Local Bodies elections in Rajasthan