India is a functioning democracy and the crown of democracy sits proudly on our heads. We shine out in this troublesome world, as a country in which power transfers happen in an orderly way; from one elected government to another elected government. But is our democracy complete without the “Right to Recall” (RTR) our elected representatives; if they fail to represent the will of the people who elected them or if there is total non-performance/corruption by the elected representatives?
If enacted this law could be a game change; similar to the Right to Information act which has empowered the ordinary citizen. However, one needs to understand that as early as 1950 the late Jayaprakash Narain advocated this but decades latter we have not progressed on the RTR.
A few countries like Switzerland, Venezuela, Australia, Newzeland and some states in the US have the RTR laws. The biggest test to the RTR was in Venezuela on 15th August 2004, when a referendum was held to determine whether President Hugo Chavez needed to go. Nearly fifty eight percent of the people said NO and the President survived. The process of recall started a year earlier, with 3.2 million signatures obtained. (20 % of the electorate)
Let us look at the possible merits and demerits of the RTR, if it were to become law.
Let us discuss the Merits first. It certainly keeps a leash on the elected representatives and their accountability increases. It could encourage good people to enter politics, who have a vision and responsibility to their people; than people who tend to build a career (read as “job”) to further their lives. This ensures that the elected representative will not turn as Citizens Masters but will remain true servants of the public and at all time’s represent the will of the people during major political upheavals.
Let us also discuss the de merits. It is certain that if this law becomes reality, there needs to be a constant review of the law, as otherwise we will land up having a law that may become unfair to the elected representatives. One very possible misuse is organized RTR movements being funded from interested groups having political or ulterior motives. The rights of the elected representatives also need to protected, for after all they are the products of our society.
Only voters who cast their ballots must have the right to trigger RTR. With modern technology it is easy to keep digital records of the people who cast their vote. A percentage of people who voted must sign the RTR notice. Steps need to be taken and methodologies created to ensure the validity of the signatures. A better proposition would be to have the signatures along with their thumb impressions. It is relatively simpler to scan thumb impressions, than verifying signatures and the Aadhaar records will help in such scanning of thumb impressions. It is also very necessary to have in built protection in law to ensure that the trigger to recall is used only once in the term of the elected representatives; for it is difficult to function with a sword permanently hanging over one’s head.
A referendum under RTR must have well defined threshold limits; like a percentage of the voters who voted who can trigger the referendum; a percentage of voter turn out to ensure that the voice of the majority is represented and a state aided facility for the elected representative to put forward his defense. Finally, the cost…… but please bear in mind that representative democracy has a price.
Perhaps, this could be the first step by which the elected representatives represent the will of the people at all times. An ideal solution to the present crisis in Tamil Nadu?