Feroze Varun Gandhi, BJP leader and Lok Sabha MP from Sultanpur, has moved a Bill—Representation of the People (Amendment) Bill, 2016—which proposes to recall Members of Parliament (MPs), or Members of Legislative Assembly (MLAs), if voters are not satisfied with their performance. At present, the Representation of the People Act, 1951, only provides for vacation of office upon committing of certain offences and does not account for general incompetence or dissatisfaction of the electorate as a ground for vacation.
According to Varun Gandhi, the main aim of the Bill is to “deepen democracy” and make sure that the electorate can lead and direct the political narrative and not just press a button once in five years and be a mute spectator to the political process otherwise. It will also foster greater accountability among public representatives and greater transparency within the political system.
As per the provisions of the Bill, MPs and MLAs could be recalled within two years from being elected if 75% of those who have voted for them are not satisfied with their performance. As per the legislation, the recalling process can be initiated by any voter of the constituency by filing a petition before the Speaker, signed by at least one-fourth of the total number of electorates in the particular constituency.
After getting the petition, the Speaker will move the application to the Election Commission (EC) for its verification and authentication of the voters’ signatures on it. The EC will verify the signatures on it and organise the voting at 10 places in the constituency. If three-fourth of the votes that member polled go in favour of the recall process, s/he will be recalled, as per the proposal of the Bill.
Speaking to The Sunday Guardian, Varun Gandhi said: “I would like the idea of right to recall public representatives to be debated not just in the annals of Parliament, but also in the court of public opinion. The Bill is not a perfect piece of legislation. However, it is an idea whose time has come.”
“I would like this to be debated by Parliamentarians, jurists and civil society activists in order to perfect/improve this piece of legislation further. However, the process of engagement with this basic rudimentary idea must begin,” he said.
Asked about the possibility of its provisions being misused, Varun Gandhi said: “I have tried to include strong safeguards against misuse in the Bill. Being acutely aware of the intensely competitive political environment, it is important that this idea of recall is not hijacked by vested political interests. I have, therefore, included a proposition that 75% of the voters who have voted for a particular candidate have to write in and request that the candidate be recalled.”
“The idea behind this initiative is that no political representative should be treated as sacrosanct. Everybody should not just hold themselves to a higher standard, but to a ‘higher public standard’. There have been examples when mid-tenure representatives have been accused of multiple murders, rape, and widespread corruption. All the public could do was to sit as a mute witness, until the end of their tenure. The time has come when we must put more power in the hands of the people,” Varun told this correspondent.