After the movement for effective ‘Jan Lokpal Bill’,now the Team Anna aka the Civil Society is now working for the ‘Right to Recall’.
“According to General Clause Act, 1897, power to make the appointment shall also have power to suspend or dismiss any person appointed. Recalling is the right or procedure by which a public official may be removed from a position by a vote of the people prior to the end of the term of office. Recall is the retiring of an elected officer by a vote of the electorate. “ - Right to Recall.
Voters elect their own representatives in five years. But if the representative is not good or does not work or does abuse of his/her position then the voters can call that representative back at any time and instead of that one the voters choose another representative that is called Right to Recall.This practice was started on the basis of “Public is the boss and the representatives are bound to them”.It was first implemented in the Greece in 500 B.C. and U.S.A. is the first country to implement it in the modern times.By this practice,the representatives fear of the recall and always be prone to the people as sometimes it is seen that after being elected the representative doesn’t come in the constituency until the next elections.
If the majority of the voters of any constituency apply to recall its representative then that seat is considered to be empty and a bye- election is held but for that half+1 signatures of the voters of that constituency should be gathered and given to the Hon. Speaker of that house where that representative is representating the constituency.In the bye-election,the recalled representative can also file the nomination and contest the election.
When the ‘Constitution of India’ was being written,Loknayak Jay Prakash Narayan aka J.P. insisted to add a clause of ‘Right to Recall’ in it but somehow it was not implemented.
Sometimes there are chances that this practice to be misused.The opposers or enemies of the representatives may also use it against them.This type of instances are noted in U.S.A. and Switzerland where such law is in existence.In addition,the authorities claim that in India,generally 50-60% people cast their vote then what is the authenticity of Right to Recall and how can it be used fairly? i.e.-50 -60 people out of 100 cast their votes in election and 40-50 don’t.Now when the representative is to be recalled,51 signatures are needed .In those 51 signatures there may be the signatures of those 40-50 people who haven’t voted.Then how can they given the right to recall that representative whom they haven’t voted.
Whatever the drawbacks are,the ‘Right to Recall’ must be implemented and it is the need of the time.The authority should work on the weaker sides and strengthen them.For the issue of 50-60% voting,we should also have a clause of ‘Right to Reject’. i.e.- if we don’t like any candidate then there should be a button of “No Vote” there in the EVM.Usually people don’t vote as they believe that all parties are same and then why to cast our vote? But by ‘Right to Reject’ we can make these people vote also.So,that is a very good practice for the betterment of democracy.
The democracy means ‘By the people,For the people and Of the people’... And ‘Right to Recall’ is a thing which strengthens this saying.
