Safeguarding Local Democracy

Syllabus: GS-II, Subject: Polity, Topic: Local Government, Issue: 73rd Amendment act

Context: Discrepancy in recent Chandigarh Municipal election

• Recently SC by using its plenary power under Article 142 of the constitution declared AAP municipal candidate as winner.
• However just after the SC verdict three councilor from AAP joined BJP and BJP won some key posts in municipal elections.

      Key issues in municipal elections

• Municipal law allows the bureaucracy to appoint any councilor to preside over the election of the Mayor, posing challenges to fair elections.
• The scope for the court’s intervention in cases of defections in local governments is limited as the anti-defection law (10th Schedule) does not apply.
• The Chandigarh case highlights the broader challenge of ensuring local democracy.

The political nature of local governments is undeniable, necessitating clear laws to prevent defections at the local level.