If the purpose of legislators is to legislate, then it becomes absolutely necessary for candidates to be able to recognize and understand the issues and on what and how to legislate thereon. At the Gram Panchayat level, where extensive knowledge of local issues and direct contact with the electorate is assumed, it may perhaps not call for more than just the ability to read and comprehend written matters, say 7th. class passed.
At District, State and National level the need for such ability to read, comprehend and even to write comments on, will be increasingly important, if not essential. Thus, it is clear that candidates for such legislative positions must have such proven ability, say be at least a Graduate level or equivalent.
At the time of Independence, the literacy rates were so abysmally low that this requirement could not be insisted upon. But in the present situation where literacy rates are quite high this condition would not be a bar to any suitable candidate.
The days of uneducated, illiterate,thumb print MLAs and MPs are long over. if unqualified candidates are allowed to stand for elections it will generally result in the least suitable or the least competent to be elected-thus reducing us to a kakistocracy of incompetents.
The Right to Recall should never be allowed to be a ‘Damocles Sword’ over the head of every elected politician. This would deter proper and effective decision making, calling instead for only populist measures. However, the possibility of ‘Recall’ in the rarest of rare cases, should exist, not only when the politician is found to act wrongly, either morally or financially, when recall may be automatic but also, when his actions are not seen as being in accordance with what the electorate has voted him/ her in for. In such a case at least more than 50 percent of the electorate who had voted should now vote for recall through an Aadhaar verified Signature Campaign. Of course, if recalled, the vacancy should then be filled in by a nominee of the concerned Party for the balance of the term as it can be realistically assumed that the candidate had won by being a member of a Party. This would avoid costly and time-consuming Bye-elections and distortions of the Electoral system.
Such a right can be exercised at the selection stage itself if the local Party body in each constituency is involved in the approval of the Candidate, even if out of the pre-selected candidates by the High Command of the Party, who is then confirmed by the Party leadership.
It can also, be exercised at the time of voting by including an effective – None of the above (NOTA) option as explained below.
The NOTA option is only effective when it is linked to an action based upon it.
Say, that if the votes for the NOTA option are more than the votes for any of the candidates on the panel, then all the candidates would be disqualified and prevented from standing for elections, or appointed to any Legislative position till the next regular election. The NOTA option without such linked action will be just as meaningless as not coming to vote. The Supreme Court needs to revise its decision given in 2013, on Article 49-0 of the Constitution and about the Conduct of Election Rules, 1961.
The right to recall and the right to reject will ensure recognition by every voter of the importance of every vote and hence, will provide them the necessary motivation to vote.
People should realize as Pericles said in 430 BCE – “Just because you do not take an interest in politics doesn’t mean politics won’t take an interest in you.”
And as Shiv Khera says – “Life is not a spectators sport… when we fail to get involved, we also, lose the right to criticize.”