Right to recall ministers
Malini Satheese
(Querist) 30 May 2011
This query is : Resolved
As there is a right to vote, can there be a right to recall the elected minister??
malipeddi jaggarao
(Expert) 30 May 2011
As per the constitution of India there is no such provision available to Indian Voters to recall the elected members and ministers. Chief Minister has exclusive prerogative to select and drop the members in his cabinet. Of course, for this a constitutional formality that they will be appointed or terminated by the President/Governor, but this is only a formality and the President/Governor has no power to ignore such advice of PM/CM as long as they enjoy the majority in the Parliament/Assembly.
Advocate. Arunagiri
(Expert) 30 May 2011
There is no such a provision in the law to recall a elected member.
M/s. Y-not legal services
(Expert) 30 May 2011
Sorry experts. I can't accept it blindly. And am heard some where that if 1/3rd of the voters put signature against the elected member mean he are she have to be recalled. We may confirm it. BUT AM NOT SURE. SORRY.
Guest
(Expert) 30 May 2011
The constitution of india did not provide such a disqualification or removal of member of legislative/parliament. Even the representation of people act did not have had such provision.
G.Sundara Rajan
(Expert) 30 May 2011
This is a splendid question.
the legal position is already explained by a few here.
Further, if such a right of recall is given, it can be given to only those who have actually voted for the concerend MLA or MP who is then made a minister. In that case there can be no secret ballot, and everyone who votes have to declare to whom they have voted.
Suppose secret ballot was to be abolished, then there is every possibility that the elected member as a matter of revenge would seek out a list of all who have not voted for him and then refuse to entertain or help those non-voters who invariably are members of his own constituency. Adding to this assumption is a fact that every elected member knows which localities are allotted to certain booths, and he also knows how many votes he has got from the locality and there are instances observed that the elected members sometimes show step motherly treatment to those localities which have not voted for him. You might argue that the member's vindictive attitude might not see him in the chair a second time, but given the law that a person can seek election from any place or place(s),
and observing the people's psychology who are least bothered by change of MLA's or MP's unless that member has been too bad, the people's short lived memory, the people's carelessness regarding state of nation or society at large (excepting having it as a discussion in tea shops or gatherings when they are bored or have nothing to talk), we can only assume trying to change the law and granting right of recall can bring its own complications.
However, giving such a right of recall would necessitate that all the people take active interest in politics and governance of the nation. But such a public renaisance is a distant utopia, as India is a very very poor country, but produces the richest men in the world. That means a few in India suck the blood of a this 100 crore nation, and for the astonishing fact that most of the people are not really concerened about that, even while knowing, observing and living through that.
Right of recall hence is a distant dream in a distant utopia
Malini Satheese
(Querist) 31 May 2011
all right.. thank you for the reply..
Are there any chance for Constitutional amendment regarding this???
M V Gupta
(Expert) 01 June 2011
The possibility of amending the constitution to confer the right to recall is very remote as every worthy and unworthy elected member will oppose such a step. Even if such a right is conferred it will be only on the statute book. In a large democracy like ours its implementation require a hundred Anna Hazares.
Guest
(Expert) 03 June 2011
Election is only a one way traffic. A voter can install a member in the Parliament or Assembly, but cannot recall him.
M V Gupta
(Expert) 05 June 2011
I heard that in some of the constitutions of other countries the right to recall an elected member of the legislature is provided. But I have not verified the same.Such a right may be easy of implementation in a small country, but very difficult in large democracies like India. Only public pressure against the MLA or MP concerned may force him to resign his seat in the Parliament or Legislature. As many of us remember this has happened in the past in some of our states. See for instance what is happening in Egypt, Libya and some other Arabic countries where popular protests are taking place to remove the dictators. In Egypt Hoshni Mubarak has already stepped down. In Nepal on account of revolt by the Maoists the king of Nepal stepped down paving way for introduction democratic set up in that Country.
Malini Satheese
(Querist) 10 June 2011
can anyone tell me which all counties have the right to recall orelse a source to find it??
Malini Satheese
(Querist) 11 June 2011
is there any instance where, in any of the countries or may be in India there was no such law and later due to some specific issue such a law was legislated??
OR
by considering any precedent issue of any other country a legislation was made in India??
