Let the grassroots breathe (Not allowing local bodies to function independently)

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 Let the grassroots breathe (Not allowing local bodies to function independently)

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• Local bodies and restrictions : The case of Rajasthan and Haryana governments imposing minimum education norms for contesting local body elections is much debated. The new Rajasthan govt. undid those amendments in 2019.
• Justice Chelameswar's verdict : In 2015, the two-judge Bench of SC headed by Justice J Chelameswar, in the Rajbala v/s State of Haryana case, held that minimum educational qualifications are not a violation of the right to equality, and are good.
• Problems with such minimum norms : There are many.

1. It unduly restricts a citizen's right to contest elections.
2. It affects the right to vote (for a candidate of choice) as many candidates cannot fight elections now.
3. It disproportionately disenfrachises the more marginal sections of society - women, poor, Dalits.
4. It penalises citizens for the failure of State to provide education to all.

• Restrictions only for local body elections : Such provisions never existed for Assembly and Parliamentary elections. In the LS today, 13% MPs (more than all women MPs) are under-matriculates.
• Is education equal to skills? Would those norms really make better administrators, is the question. Can formal education be equated to ability to run panchayats better? Is administrative efficiency more important, or representation?
• Key objective of 73rd and 74th amendments : These wanted to make urban and rural local bodies truly representative bodies with SCs, STs and women properly represented. 
• Reduced to being vessels : Sadly, local governments have been reduced to mere administrative vessels for implementing programmes for Central and State governments. 
• Not holding elections! It is not just educational norms, but another tool can be used to kill local governments - not holding elections for a long time! State governments can defang these bodies by this trick. Tamil Nadu hasn't held elections since 2011! Vizag municipal elections last happened in 2007 - so it's reduced to a bureaucratic machine.
• Why were 73rd and 74th amendments brought? A reason was "prolonged suppressions and absence of regular elections"! A State Election Commission in each state was required to independently carry out delimitation exercise - most states have not let that happen, and governments do it. When the party in power fears a loss, they start a process of delimitation of seats, and waste time.
• Pride of India : At least in a procedural sense, we hold regular elections and ensure smooth transfer of power. Let this spirit percolate down to the lowest rungs of our democracy - local bodies. 
• Summary : It is crucial that real democracy be allowed to flower at the local government level, as that was the whole intent behind the 73rd and 74th amendments.

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