Right to recall

Tweet

Right to recall your elected representative – wow – that' is what Anna Hazare wants next. It basically means that someone elected as my representative can be recalled from Parliament. With Anna Hazare now having a nation wide recognition, civil rights representatives will use him symbolically to set up corrective measures in our democracy making politicians and bureaucrats accountable.

First there was the Right to Information Act, passed in 2005 by the UPA and part of the Congress’s election manifesto which it delivered. It took active participation from people like Aruna Roy and Arvind Kejriwal for this to become reality. Anna Hazare played a role here too, by forcing the Maharashtra government to pass a strong Maharashtra Right to Information Act in 2003. This became the basis on which the law was enacted at the national level.

Then the entire “India Against Corruption” movement and the Jan Lok Pal Bill. Once this bill is passed it will act as a deterrent and add accountability to government officials and the members of parliament. I hope the parliamentary members don’t drag their feet for too long on this otherwise the civil movement will continue to protest.

Next on the agenda is the Right to Recall. Does this mean we can recall our representatives whenever we feel like? NO. It requires certain circumstances before this can happen. For example, there are allegations of corruption against your representative and the constituents feel that until a probe determines reality, it is inappropriate for the MP to continue in office.

Doesn’t that give opportunities for political opponents to stir up trouble for the duly elected parliamentarian? Not really. Political opponents will always try to lobby against elected officials. The way this should be implemented is that an MP/MLA can be stripped of his office by the people through a referendum. If enough number of people want to recall him, then he is recalled otherwise the referendum has failed.

The referendum itself cannot be held until a certain number (or percentage) of the MP/MLA’s constituents sign a petition asking for a referendum. If the election requires popular support, then so too must the recall.

The Bill to recall such representatives will have the determine/define the circumstances of recall and the size of a successful petition to hold the referendum either in actual numbers or percentage. There will be other challenges in implementation of such a law in a country of our size. Determining eligible voters for the referendum for instance or checking the validity of signatures on the petition. You can trust the political machinery in India to exploit such a law and all such loopholes must be plugged and such actions preempted. A certain amount of electoral reform is required for this act to become reality and for it to be enforced effectively.

That brings us to the next item of Anna Hazare’s wish list. Electoral reforms. I think electoral reforms is a big enough topic for a separate blog post.

Tweet