Right To Recall

The Right to Recall is an instrument believed to enhance accountability among elected representatives. It essentially allows the citizens to participate in the democratic voting process by exercising their franchise to seek re-election of the representative, even before the end of the tenure of the elected one.

In this article, we shall be discussing concepts of the right to recall as has been raised from time to time and its position with respect to the constitutional principles, provisions of law and implications. Further, this article covers other important dimensions, keeping in mind the demands of the preliminary as well as main examination of the UPSC IAS Exam.

Right to Recall – History & Evolution

• M.N. Roy, in 1944, had proposed a shift to a decentralised and devolved form of governance.
• It sought to elect and recall representatives.
• Jayaprakash Narayan, in 1974, spoke extensively on the subject. 
• States like Madhya Pradesh, Bihar and Chhattisgarh have ‘Right to Recall’ mechanisms for local bodies.
• While it prescribes holding of elections to recall elected officials due to non-performance in Chhattisgarh, it provides for recalling the elected representative, on the demand of one-fifth of electorates of a Panchayat for recall, in the case of Bihar.
• Former Lok Sabha Speaker Somnath Chatterjee had in the past also sought the introduction of the “Right to Recall” to ensure accountability of a  legislator. 
• It is yet to be adopted by the state and central legislature.
• Notably, the Representation of the People Act, 1951, only provides for “vacation of office upon the commission of certain offences.”
• It does not account for the general incompetence of the representatives or dissatisfaction of the electorate as a ground for vacation.

What are the Advantages of the Right to Recall?

• Electorates vote in party lines more than the candidate’s profile, therefore a necessity of a fallback mechanism, when the representatives fail to deliver, is felt.
• Gradual marginalization of the role of representatives due to non-participation, lack of debate and questionable ethics and unclean records.
• The right to recall is believed to check corruption and check the criminalization of politics.
• It seeks to justify the idea that the Right to Elect a representative can necessarily entail de-electing the same.
•  Putting in place a  system of de-electing the representatives in the long term is believed to infuse greater accountability among representatives.
• The system of recall is expected to deter candidates from spending crores of money in campaigning for elections, owing to fear of recall.
• An option to correct the wrong, without waiting for the next five years.

What are the Disadvantages of the Right to Recall?

• It is opposed by several intellectuals as this could destabilise the country in areas where people already feel alienated. 
• It could undermine the democratic rights of a number of individuals and communities in a pluralist Indian society.
• Right to recall can lead to ‘excess of democracy’ affecting the independence of representatives adversely due to the perpetual threat of getting recalled.
• Virtually all elected representatives would be vulnerable, leading to unfortunate social and political consequences.
• It may force the representative to succumb to the unhealthy, coercive, populist pressure, in order to avoid getting recalled. 
• It could inevitably discourage the representatives from using their own judgment and coming up with tough but unpopular stands rather than populist ones.
• The question of performing national and state duties by serving the larger interests, rising above the local electorate demands for the MPs and MLS would be challenging, may not fructify.
• Inherently detrimental to the larger public interest 
• Can create unnecessary chaos due to recurring recall elections; can destabilise the government.  
• In a country like ours, with inherent challenges, pluralistic society, diverse groups, interests, such a system could be vulnerable to abuse by influential groups, and prone to misuse.
•  Could see the increasing criminalization of politics, which may use force to negate any demand for a recall.
• Questionable practicability of conducting a recall that involves enormous amounts of money, manpower, time.
• Would empower the ones losing the election and disempower the popular choice of the electorate, as not all candidates win by huge margins of vote share.

Conclusion

Elected representatives in India are given a number of privileges with the necessary independence to formulate policies in the national interest. The idea of recall although seems right on ideals is impracticable at this point of time in our democracy, provided the inherent challenges, divergent interests, making it prone to misuse and having several repercussions for our country. The process to verify the authenticity of demands, nature of the petition, their context and ascertaining whether the consent was taken from the electorate in a free will or under duress or by coercion involves a tedious exercise, issue of practicality and is difficult to establish. 

As seen in past cases at regional levels, the dissatisfaction among the elected ones swayed in favour of stability, leaning more to pragmatism and serving the public interest, than to cyclic election re-elections and instability frequented by such events and demands. Even at times, coalition and ‘Rashtra Dharma’ has pushed the leadership to join hands together in the larger public interest. 

However, the scope of implementing such a  policy in practice is yet to come, where numerous adequate measures empowering electorates and candidates alike can be taken up. The fundamental question of empowering the electorates, educating and bringing in people with accountability, increasing in level of education, and awareness of their rights is central to the success of the policy. The awareness of the value of a single vote is surely going to check such a situation from arising. Divergence of opinion is healthy for our democracy, where responsible, accountable leadership is the need of the hour, and the common citizens have the biggest roles to play.

This article is relevant for the sections of Polity and Current Affairs part of the UPSC Syllabus prescribed for Preliminary and Main Stages of Civil Services Exam. 

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