Recall means that the sovereign power lies with the people and they have the right to recall their representatives, whether the representatives are legislators or high officials, if they fail to perform their functions in a proper manner.
Foreman writes, “Where the recall is in use, the voters upon the complaint or petition of a certain number of citizens, vote upon the question whether a certain officer shall be deprived of (recalled from) his office before his term expires and if the vote is in favour of the officer’s removal, he must give up his office before the end of his term”.
According to Leacock, “The system means that all persons who hold office must do so only as long as their tenure of office is sanctioned by the will of the people. At any time when a majority of the voters desire it, the office-holder is removed from his office”.
Prevalence of this System:
This system is prevalent in some of the American States like Arkansas, Kikhoma, Montana. North Dakota, Oregon, Arezona, Louisiana, Nevada, California and Washington. In Washington, judges cannot be removed in this manner but in Oregon even the judges are recalled. In six states of America both the judges and the officials can be recalled and in ten states only officials can be recalled.
This system is also seen in Communist China. In China, Deputies to the Local People’s Congress are elected by the people of the age of 18 years or above. The voters can recall the members of the Local People’s Congress at will. This system is not in practice in India and there is no mention of it in the Constitution.
Advantages of the System of Recall:
(1) Real Control of the masses over the officials and representatives:
The people can exercise their sovereign power only when they are given the right to recall their elected representatives or the official, if they fail to perform their responsibilities in a proper manner. If the people are not given the right to recall their representatives, they are apt to act arbitrarily and the people will have no control whatsoever over their elected representatives.
(2) An important method to end bribery and corruption:
The officials will not indulge in corrupt practices because of the fear of recall.
(3) This system is a symbol of direct democracy:
Recall is the best system of the preservation of direct democracy. If the people have no control over their elected representatives or officials, democracy will become meaningless and the representatives and the officials will act arbitrarily.
(4) A good method to root out political corruption:
In democracy it is generally seen that the ministers become corrupt and they favour their relatives and friends. Through the system of recall, they will be under the control of the people. For fear of recall, they will hesitate to do any undesirable thing. The ministers indulge in corrupt practices because the people have no control over them.
Disadvantages of the Recall System:
(1) There is possibility of a wrong judgment:
In the system of recall there is a possibility of a big leader indulging in creating a misunderstanding among the minds of the people against any official, with whom the leader is not on good terms. Mostly the people are not aware of the diplomatic tactics of the political leaders and sometimes wrong decisions are given against honest and sincere officials.
(2) The whole atmosphere is vitiated by the recall of the officers and the representatives:
When an official or a representative is recalled, charges are leveled against him. The official or the representative against whom charges are leveled tries to level counter-charges against his complainants. With charges and countercharges the entire atmosphere is poisoned.
(3) Independence of the officers is curtailed:
Because of the fear of charges and counter-charges, sometimes intelligent able and honest persons hesitate to accept high positions. This is quite harmful for the administration.
(4) Independence of the officers is curtailed:
Because of t he fears of recall, the officers do not take such decisions as may not be liked by the political leaders. If they take any such decisions, they face a severe criticism and adverse propaganda. Thus, the officers sometimes try to flatter the political leaders. This curtails their freedom of action.
(5) Serious consequences may occur if the judges are recalled:
The system of the recall of the Judges destroy, the liberty of the judiciary, the judges will not be able to take any decision independently and fearlessly because of the fear of being recalled.
(6) Independence of the judgement of the representatives is lost:
Because of the fear of recall, the representatives do not do any unpopular but right thing. This mars their independence.