Right to Recall enable citizen vigilant and powerful. Please comment on same to improve our democratic character.

1. Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B)
RIGHTS TO RECALLBILL 2014
An Act require elector for recalling of representative elected in due process of law for breach of
terms of his manifesto issued for winning election and to define conditions of recalling such
representative.
Whereas it is expedient to require electorsto define with sufficient precision the
conditions of recalling of representative elected in due process of law for breach of promise or
promises of his manifesto issued for winning election and to make the said conditions known to
electors
It is hereby proposed as follow:
1. Short title, extent and application.-
(b) This bill may be called the “Right to Recall Bill,2014”.
(c) It extends tothe whole of India.
2. Interpretation- In this bill, unless there is anything repugnant in the subject or
context
i. Election means an election to fill a seat or seats in either House of Parliament or
in the House or either House of the Legislature of a State or in the House of
Local body.
ii. Elector in relation to a constituency means a person whose name is entered in
the electoral roll of that constituency for the time being in force and who is not
subject to any of the disqualifications mentioned in section 16 of the
Representation of the People Act, 1950
iii. Political party means an association or a body of individual citizens of India
registered with the Election Commission as a political party
iv. Candidate means any individual who is nominate himself for the election by
elector to fill a seat or seats in either House of Parliament or in the House or
either House of the Legislature of a State or in the House of Local body
v. Representative means any candidate who is elected by the election by elector to
fill a seat or seats in either House of Parliament or in the House or either House
of the Legislature of a State or in the House of Local body.
vi. Promise means a written declaration or declarations that one candidate shall do
complete within specified time and manner.

2. Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B)
vii. Manifesto means a public promise or promises, which is issued before an
election by a candidate.
viii. Seat means membership of either House of Parliament or in the House or either
House of the Legislature of a State or in the House of Local body.
ix. Elected party means who has majority of representatives.
3. Each candidate has to issue duly signed manifesto at least 30 days before
submission his candidature for election nomination with such published manifesto to
election commission of India.
4. Candidate or party shall allowed to frame promise or promises and completion time
as well as manner of such promise or promises under his manifesto.
5. Each promise of manifesto published under clause 3, shall be binding on
Representative
6. Representative and elected party shall be allowed to extend specified time limit for
each promise of manifesto by maximum 50 %.
Illustration: If any representativeand elected party promised in manifesto to complete
particular work A in 12 months then maximum extension for completion of such work
shall be 50% of 12 i.e.6 monthsonly.
7. Representative and elected party shall not allow amending specified manner of
completion for each promise of manifesto without approval of court of proper
jurisdiction.
8. Any deviation in terms of time limit or manner of completion of promise of manifesto,
representative or elected party shall have to issue elector notice of such deviation of
completion of promise of Manifesto to his elector by publishing in leading newspaper
in Hindi, English and vernacular language.
9. Representative or elected partymay apply before Court of proper jurisdiction for grant
of extension for time or deviation of manner before expiry of specified time as
published in his manifesto after elector notice.
10. Any deviation in terms of time limit or manner of completion of promise of manifesto
shall be treated as breach of promise of Manifesto by representative or elected party.
11. On the occasion of breach of promise of Manifesto, representative or elected party
have to issue notice of such breach of promise of Manifesto to his elector by
publishing in leading newspaper in Hindi, English and vernacular language failing
which representative or elected partyshall be disqualified for continuation as elected

3. Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B)
membersor governing party of in either House of Parliament or in the House or either
House of the Legislature of a State or in the House of Local body and such elected
member shall have to vacate his seat.
12. Disqualified representative shall not be entitled to file his candidature for any election
for next six years. Whereas disqualified elected party shall have to change their
candidates for each seat in next election for which breach of promise or promises of
manifesto take place.
13. On notice of such breach of promise of Manifesto, electors with minimum strength of
applicant shall be entitled to file recall application before proper jurisdiction of court
against such representative or elected party.
14. Minimum strength for Recall application shall be one tenth number of selecting
percentage electors or five hundred electors, whichever is lower.
15. Court of proper jurisdiction has power to take action on recall application by minimum
strength of applicant or take sue motto action against breach of promise of
Manifesto.
16. District Court of representative or elected party form where he or she or they elected
shall be Proper jurisdiction in which house of local body is located.
17. High Court of representative or elected party form where he or she or theyelected
shall be Proper jurisdiction for either House of the Legislature of a State,
18. High court of representative or elected party form where he or she or theyelected or
Supreme Court shall be Proper jurisdiction for either House of Parliament.
19. The court of proper jurisdiction may allow application under any clause of this bill for
grant further extension of specified time in manifesto not more than twice of original
time or allow amendment in manner of completion of promise as specified in
manifesto subject to recommendation of experts.
20. During consideration of recall or extension or amendment application before proper
court of jurisdiction, representative or office bearer shall not be entitled to
government amenities except salary.
21. On the disqualification of representative under this bill, second candidate of election
of such seat in either House of Parliament or in the House of parliament or either
House of the Legislature of a State or in the House of Local body whose vote is not
less than ten percent of winning candidate shall be entitled to declared as elected
representative.

4. Proposed Draft of “Right to Recall“ Nitesh Raj Sinha (ACS, LL.B)
Whereas disqualification of largest elected party under this bill, second largest
elected party of election for either House of Parliament or in the House or either
House of the Legislature of a State or in the House of Local body whose votes is not
less than ten percent of first largest elected party shall be entitled to declared as
elected party for making government or governing body.
If seat gap of first largest elected party and second largest elected party is more than
ten percent then there shall be re-election for the House of parliament or either
House of the Legislature of a State or in the House of Local body
22. There shall be re-election on the vacation of elected representative under clause 18.
23. Power to make rules: The Central Government may, after consulting the Election
Commission, by notification in the Official Gazette, make rules for carrying out the
purposes of this Bill.