Right to Recall

• Article 72 of the 1999 Constitution of Venezuela enables the recall of any elected representative, including the president. The recall clause has been used in the Venezuelan recall referendum of 2004, which attempted to remove president Hugo Chavez.

• With Sunday’s elections to three urban bodies in Chhattisgarh, one of the vital pillars that characterises direct democracy has been implemented. Along with ‘referendum’ and ‘initiative’, the right to recall is a crucial tool by which accountability is ensured in a democratic state. A recall election is a procedure by which an official can be voted out of power. The reasons for removal may be specifically laid out in some countries or vaguely understood in others.

Reasons of Recall

• The reasons to move a recall procedure vary. Only seven of the US states have laid out specific grounds. The reasons include incompetence, physical or mental lack of fitness, neglect of duties, corruption, act of malfeasance or misconduct while in office and violation of oath of office. What exactly constitutes incompetence has become a debatable nuance of the procedure. The official is caught in a fix whether or not to enact what he or she essentially feels to be the right choice for the people or practice something that the public assumes to be apt. This, in a way, pushes for short-term thinking over long-term planning. Invariably, the official ends up trying to come up with policies that appease the public. Well-financed groups can manipulate this loophole to pursue their vested interests. Thus, a potent democratic tool can be a threat to the stability of the government.

• This electoral device maybe moved whenever the electorate is dissatisfied with the performance of the elected official. Those who wish to remove an official need to raise a petition with the signatures of a percentage of the number of people who voted for that official in the previous election. Signature requirements are based on a formula, which varies with each state. Sometimes, it is also based on the number of eligible voters or other variants. Once the required percentage has been attained, a special election is held. If the majority of those who participate want the official removed, then this happens. Someone voted in through special elections or through subsequent elections replaces the incumbent official. Occasionally, the second half of the form during the recall elections has provision to choose a replacement.

• The recall provision in a way delineates the fundamental duty of an elected official — being answerable to the electorate that has voted the person to power. It, however, is different from the other provisions like impeachment. Recall is a political device while impeachment is a legal procedure. A referendum maybe conducted for the initiation of a recall procedure, which in effect would be legally binding.