Right To Recall - Citizens' weapon against corruption and bad governance

Right To Recall - Citizens' weapon against corruption and bad governance

What is Right To Recall?


Suppose there is a maid working in your home steals your precious gold ornaments.
In this case, will you allow her to work in your home for few more months and steal more of your precious things or will you just throw her away from your house and hire a new one?
It's obvious that you will just throw her away from your house and hire a new one. 
As per Right To Recall , this should happen in case of politicians and government officials as well. If a politicians or a government official is looting the tax money or resources of the nation them the Public shall have the right to recall that corrupt official or politician. Public shouldn't have to wait for 5 years. Right To Recall will be a weapon of the commoners against corruption.
Right to recall is present at local or state level in many developed nations as well.  

Some Quotes regarding the Right to Recall in Indian History

Promising a Free India, the Great Revolutionaries of India, Bhagat Singh and Sachindra Nath Sanyal wrote in their Manifesto of HSRA (http://www.shahidbhagatsingh.org/index.asp?link=revolutionary) the following

"In this Republic, the electors shall have the right to recall their representatives, if so desired, otherwise the democracy shall become a mockery"

On 3rd May 1974, when the Union Law Minister introduced the 35th Constitutional Amendment Bill in Parliament, Atal Bihari Vajaypee opposed the bill by stating.

"I stand today here to oppose this constitution Amendment. If the constitutional really need an amendment, then it should be the amendment to introduce Right to Recall the elected representatives (https://eparlib.nic.in/bitstream/123456789/2452/1/lsd_05_10_03-05-1974.pdf#page=134)"
(Page 134 of Official Parliament record ). 

On the same day, he supported (https://www.millenniumpost.in/opinion/time-for-right-to-recall-392395) the Right to Recall Bill introduced by C K Chandrappan. 

Mahatma Rajiv Dixit on Nov-28-2010(just 2 days before his death) declared that he would work to create a mass movement in India to bring Right to Recall Law. See the video here: 

https://www.youtube.com/watch?v=dVvHIEDPUTY

The Procedure of Positive Right to Recall for CM Post: 

Please read the Right to Recall CM Law procedure below to understand how the Right to Recall can be implemented at any post without creating any instability and without increasing government expenditure. This is an example procedure, the same procedure with some variations can be implemented for any post.
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This law is designed to make Chief Ministers in any state more accountable to Citizens. Unlike other laws, it doesn't need approval from the State Legislative; it can be directly implemented by printing in the State Gazette.

Within 30 days of implementing this law, every citizen of the state will receive a VoteVapsi Passbook. If you're dissatisfied with the current Chief Minister and want to replace him, then you can register your approval for replacement as a 'Yes' at your local Patwari Office. You need to give applicable charges to register and change your approvals. You can also register your approval through SMS. You can register, change, or even cancel your approval any day. Please note that this approval is not your Vote.

Main Points of VoteVapsi Passbook CM:-

1. Nominating for the CM: Any citizen above the age of 30, who wants to become the Chief Minister can submit an affidavit to the Collector. The collector will collect the amount of MLA election deposit as fees and will declare him as CM Candidate. Collector will also publish his affidavit on the Chief Minister's website.


2. Registering Approvals of Citizens:- Any citizen, can any day go to his local Patwari office with his voter card and VoteVapsi Passbook and register his approval for any CM Candidate.

2(a) The Voter's profile will be public along with his approvals on CM's website. This information will be available to all for cross-checking.

2(b) Citizens will need to pay a fee of Rs 3(inflation-adjusted) to register or change their approvals. This fee will be Rs 1 for BPL card holders.


3. The Incumbent Chief Minister will choose any higher of the given two

3(a). Approvals directly given by Citizens

3(b). Total Votes the Supporting MLAs got in Election


4. If the approval of any CM candidate becomes more than 10 Lakh of direct approvals of incumbent CM or Total Votes the Supporting MLAs got in the Election, then the MLAs can choose the candidate as the new CM or they did not need to do that.

Explanation:- Assume that X is the CM of a state having a 3 crore population and 200 Assembly Constituencies and he got the support of 120 MLAs. These 120 MLAs got 1 crore total votes in Election and X got 80 Lakh direct approvals(no votes).
 
a. Now Y is a CM candidate with 90 Lakh approvals. In this situation, X will continue to be the CM as the total Votes of MLAs supporting X is higher than the approvals of Y. But if Y gets 1.10 crore approvals then X can resign. 

b. Now assume that after some time Y got 1.10 crore approvals, but X is doing satisfactory work and his approvals also increased to 1.15 crore, then too X will continue to be the CM.  


5. Citizen's Voice: This clause is added in the law so that the Citizens of the state can improve or even cancel this law according to need.

5(a)If any Voter wants any change in this law then he can submit an affidavit to Collector's office. the collector will take a fee of Rs 20 per page and will scan and upload the affidavit to the CM's website with the VoterId of the Voter.

5(b)If any Citizen supports or opposes the affidavit submitted according to section 5. then he can register his Yes or No to it. the collector will collect the necessary fees from him and will register his Yes or No on CM's website with his VoterId.
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The cost:- The main cost in this process is the cost of the Biometric System and the Computer system at the Patwari office. Although this cost is not of the process alone as the computerization of government offices is a necessity, still this whole cost can easily be beared by Citizens through approval fees. In practice, this system will have Zero cost.

Constitutionality:- This law is completely constitutional, there is not a single clause in this which violates the constitution. If anyone claims that this system is unconstitutional then it will be our humble request to him to please point out the specific Article of constitution which this law violates.

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