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RECALL OF LEGISLATORS OR PARLIAMENTARIANS

On 18th July 1947, Mr. Lakshmi Narayanan Sahu [Orissa General] moved an Amendment at the Constituent Assembly; 

Mr. President Sir —

I move next Amendment also namely;

That after Item b in [4] of Clause 19 following new item be added.”

“[c] There should be the power of recall for voters of every constituency in case in any situation they want to recall their elected member or members.”

“This is essentially necessary because we feel that at times situations arise then voters want to remove a member from the Legislative, but they cannot do so because there is no such provision in the Act when we are going to have a new Act I think we should provide for this new Clause namely recall. As regard to difficulty of how to operate it I think there will not be much difficulty because a Constituency is very small then we may provide that if 2/3rd are some such proportion of the voters vote against a member whom they do not like, in that case member goes out as regards the full procedure I am conversant with it and if they be found out, moreover I think the provision like recall is necessary then we are going in full force towards democracy and without a provision for recall our legislation will not be complete because it is being gradually provided in other places, as far instance in Switzerland and in some American States. As early as in 1932 the Bihar and Orissa Legislative Councils when Mr. Madhusudhan Das of Orissa was the Minister for local Self Government he introduced this provision of recall in a local Legislative as an Act there. If there be a fear that the provision be misused and be difficult for the people work it I do not think there is much in that fear because though there is a provision for this recall the Bihar and Orissa local Self Government Act it has not been used although people have begun talk about it  – it is not very easy to take advantage of it therefore there should be no such fear that if there is a provision of recall people, people will rush into it and there will be various parties try to oust one member and put in another.”

Comment: Let us hope a relevant provision may be made to make the Legislators be aware of the tenure is not everlasting with subject to changing mood of the voters.

FOOD For your thought: Though Kautilya mocks belief in stars as a means of obtaining wealth he recommend that purohita be learnt in reading omens – A soothsayer, reader of omens and the astrologer are the paid employees of the Court. Astrologers accompanied the King on military expeditions and were used to encourage their own troops and frighten the enemies on the eve of battle– Kautilya – Arthashashtra

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