In India, it’s a common practice for politicians to rely on false promises and campaign pledges without genuine intentions of fulfilling them. Politicians across parties consistently make extravagant commitments to voters, only to fall short of delivering. Due to the absence of laws penalising deceptive promises, political leaders have unchecked freedom to make unverified claims. Voters, trusting these assurances, have no choice but to endure a full five-year term, repeating the cycle with the next candidate and their enticing promises.
However, a potential solution to hold leaders accountable exists—the Right to Recall. Gaining momentum among dissatisfied voters, this right could serve as a mechanism for accountability. Unlike the current scenario where voters lack the power to express dissatisfaction during the five-year term, the Right to Recall empowers them to initiate a direct vote to ‘de-elect’ a legislator based on a specified number of votes. This post-election measure aims to uphold representatives’ responsibility to their constituents, using the democratic process to address the damage caused by inaccurate pledges.
History and Evolution
The historical roots of the Right to Recall can be traced back to ancient Greek and Roman republics, where citizens held the power to remove officials. In modern times, countries like Switzerland, Venezuela, Canada, and the United States have adopted this right at various levels of government.
Since Vedic times, the idea of “Rajdharma” has been used to justify the removal of a monarch due to a lack of competent government.
In India, the right to recall was first proposed by M.N. Roy, a radical humanist and political activist, in 1944. He advocated for a change to a devolved and decentralised form of administration in 1944, allowing for the election and recall of representatives. Later, Jayaprakash Narayan, a socialist leader and the founder of the Total Revolution movement, also supported the idea of the right to recall in 1974.
Current Status
Currently, India lacks a provision for the Right to Recall at the state and central levels. The Representation of the People Act, 1951, does not allow for the recall of elected representatives. However, there have been attempts to introduce this right, such as MP Varun Gandhi’s 2016 Private Members Bill, proposing the inclusion of the ‘Right to Recall’ against dissatisfactory MPs and MLAs within two years of being elected if 75% of people who voted for them are dissatisfied with their presentation.
Some states such as Madhya Pradesh, Bihar, and Chhattisgarh have introduced the right to recall for the local bodies such as panchayats and municipalities. These states have enacted laws that allow the citizens to initiate a recall process against the elected representatives of the local bodies, such as the sarpanch, the mukhiya, the corporator, and the mayor, on the grounds of non-performance, corruption, or misconduct. The recall process involves the collection of signatures or votes from a certain percentage of the electorate, followed by a verification and a referendum.
Advantages and Disadvantages of the Right to Recall:
Advantages:
· Introducing the right to recall improves the accountability and transparency of elected representatives. This ensures that they approach their duties more carefully, knowing that the voters can remove them at any point.
· The right to recall acts as a deterrent against corruption and criminalization in politics. Voters gain the power to reject representatives involved in illegal activities, opting for honest and competent candidates instead.
· Strengthening democracy, the right to recall increases citizen participation in governance, providing a platform for expressing opinions, correcting mistakes, and changing preferences without waiting for regular elections.
Disadvantages:
· Despite its potential benefits, the right to recall may be open to misuse by vested interests or opposition parties, leading to the unjust removal of elected representatives for political gain rather than valid reasons.
· Implementing the right to recall may bring instability and uncertainty in government. Frequent changes in leadership or legislative composition can disrupt policy-making and developmental projects, impacting the overall continuity and coherence of governance.
· The right to recall involves financial and procedural burdens, requiring significant time, money, and resources. This could divert attention and funds from addressing other urgent societal issues and needs.
The right to recall is a controversial and complex issue, which has both merits and demerits. While it may not be a panacea for all the problems of the political system, it can be a useful tool to improve the quality and accountability of the governance, if implemented with proper safeguards and regulations.
Done By: Adithya Menon, 5th year B.A, LL.B(Hons.)
Veltech School of Law, Chennai
For Origin Law Labs
