Quraishi rules out 'impractical' right to recall

Kolkata: Chief Election Commissioner SY Quraishi on Friday ruled out social activist Anna Hazare's demand for right to recall saying this was not practical in a country like India.

"We have made it clear that right to recall is not a very practical idea for India. If a representative is elected for five years he will remain for five years in our system," he told reporters at the sidelines of the Maulana Azad Memorial Lecture here.

Quraishi said the right to recall could also lead to instability when 2,000 or 5,000 people, not even 50,000 people, would get together and demand recalling a representative who had been elected by four lakh voters.

Thus if a representative secured four lakh votes, the recall process would ultimately take away the democratic rights of four lakh voters, he said. "This will be a misuse of power and thus could not be applicable in India."
"I held a discussion on this with Team Anna... It was a very cordial meeting. I made it clear to them and hope they are convinced," he said.

Anna's 'right to recall' idea impractical: Experts

New Delhi: Terming it "impractical" and "not feasible" in the current Indian political context, constitutional experts reject activist Anna Hazare's idea of the right to recall a member of parliament.

"The idea is impractical as constituency sizes in India are too large. It would be practically difficult to collect signatures of voters opting for a right to recall and verify the same," former Lok Sabha secretary general Subhash Kashyap said.

Senior Supreme Court advocates PP Rao and Kamini Jaiswal also expressed similar views.

Defending the idea, Team Anna member Prashant Bhushan said it needs to be set in motion. "It is not unusual," Prashant said. "Right to recall operates in many countries."

He said voters should have a right to recall an MP "if he does not perform according to the wishes of the people, disrupts House, takes bribe for voting or remains absent".

"A rule can be made requiring a minimum of 33 percent voters for any right to recall to become operative," said Bhushan.

However, experts said the right to recall is more suitable for Panchayat and Zila Parishad elections where the size of the constituency is smaller than assembly or Lok Sabha constituencies.

Hazare went on a 12-day fast in August at the Ramlila Maidan in Delhi to demand a strong and more inclusive Lokpal

Bill. He has announced that his next campaign will be for a right to recall erring elected representatives.

Senior Supreme Court advocate P.P. Rao too believes the idea is not feasible as it throws up many unanswered questions: "How to recall? Who will do it? On which issues? And under what mechanism?"

These would have to be addressed first, he felt.

"Illiteracy among voters will affect the success of the right to recall," he added.

The idea did not find favour with another senior Supreme Court advocate, Kamini Jaiswal.

"It is not practical," Jaiswal said. "The process of implementing such an idea in a large country with a huge electorate will be very expensive."

According to experts, technically, a right to recall means if voters are unsatisfied with their elected representative, they are able to recall the person before his/her tenure ends.

At present, there is no such provision in the Indian constitution or in the Representation of the People Act, 1951.

Recall procedures vary around the world. In Canada, under the Recall and Initiative Act, 1995, the requirement is over 40 percent of the voters.

In the US, the number varies in different states, where recall attempts have been largely ineffectual with only two governors- Lynn J. Frazier (North Dacota) in 1921 and Gray Davis (California) in 2003 -- being removed successfully.

Modi backs Anna's demand for right to recall

PATNA: Deputy CM Sushil Kumar Modi on Tuesday supported Anna Hazare's demand for right to reject and recall the people's representatives on their failure to deliver, saying the demand has been made in the right spirit. It is similar to the appeal of Lok Nayak Jayaprakash Narayan during the 1974 movement to recall the people's representatives, he said.

Modi said RJD chief and former CM Lalu Prasad was opposing Anna Hazare's demand for Lokpal bill because he was himself involved in the fodder scam. He said Lalu has made disgraceful remarks against Hazare in the media which has sullied the image of the state. Modi said Lalu is disturbed because the bill will bring into its net corrupt persons.

He said MP Amar Singh, too, had made statements both inside and outside Parliament against Hazare and opposed his demand for right to recall as he was himself involved in the cash-for-vote scam. Modi criticized LJP chief Ram Vilas Paswan for opposing Hazare's demand for right to reject and recall the people's representatives. This is unfortunate, he said while speaking to mediapersons at his Janata Durbar.

During the JP movement, people of Bihar had forced many legislators to resign from the state assembly, Modi said. He also urged the NDA members to oppose the privilege motion moved in Parliament against actor Om Puri and retired IPS officer Kiran Bedi.

Modi said officials of different departments urged him at the Janata Durbar that they should also be awarded for informing the vigilance department about the incidents of corruption which led to the exposure of the corrupt officials. He said he would direct the principal secretary, vigilance, to look into their claims for a suitable award.

Modi said the right to recall the people's representatives had found expression in Section 18(4) of the Bihar Panchayat Raj Act, 1993, and Section 18(4) of the Bihar Panchayat Raj Act, 2006, which contained the provision of recalling the elected mukhiya from his post. He said in both the acts, there is a provision that one-fifth of the electorates of a panchayat can demand the recall of the mukhiya. Once a no-confidence motion is adopted against any mukhiya, the district panchayat raj officer will convene a special meeting of the panchayat members to discuss the issue within seven days, Modi said.