55

NEW POPULIST DRAFT CONSTITUTION OF INDIA- Chapter 55- KALKI GAUR 

 

Chapter 55

Draft New Constitution of India- Kalki Gaur

“DRAFT NEW CONSTITUTION OF INDIA” Kalki Gaur © 2006 Copyrights. http://kalkigaur.blogstream.com/

Populist Draft For New Constitution of India- Kalki Gaur

© 2006 Author Kalki Gaur, “Populist Constitution of India” DiplomatKalkiGaur@Yahoo.Com

TABLE OF CONTENT                                                                              1

(1) Preamble                                                                                                    2

(1) Article 1 Name and territory of the Union of India                           2

(2) Article 2: Citizenship at the commencement of the Constitution                  3

(3) Article 3: Fundamental Rights                                                               4

(4) Article 4: Fundamental Freedoms                                                                     6

(5) Article 5: Protection in respect of conviction for offenses

(6) Article 6: Protection of life and personal liberty.                                                6

(7) Article 7: Prohibition of traffic in human beings and forced labor            7

(8) Article 8: Right to Property Trade Commerce and Intercourse                   10

(9) Article 9: Directive Principles of State Policy                                          14

(10) Article 10: Fundamental Duties                                                               19

(11) Article 11: The President of the Union                                                      20

(12) Article 12: The Vice-President Of India                                                     24

(13) Article 13: Prime Minister & Union Council of Ministers                      25

(14) Article 14: Attorney-General of India                                                     27

(15) Article 15: Union Parliament                                                                    28

(16) Article 16: Union Legislative Bills                                                 32

(17) Article 17: Establishment and Constitution of Supreme Court             36

(18) Article 18: Union Comptroller and Auditor-General of India                 40

(19) Article 19: Governors of States                                                               41

(20) Article 20: State Legislatures                                                                  43

(21) Article 21: State Legislative Bills                                                 48

(22) Article 22: High Courts for States                                                   52

(23) Article 23. District Judges                                                              55

(24) Article 24: Union Territories                                                                     55

(25) Article 25: The Panchayats- Rural Local Self Governments                57

(26) Article 26: Municipalities- Urban Local Self Governments                59

(27) Article 27: The Scheduled and Tribal Areas                                       62

(28) Article 28: Legislative Relations between Union and the States            63

(29) Article 29: Administrative Relations between Union and the States            65

(30) Article 30: Finance, Property, Contracts and Suits                             66

(32) Article 32: Finance Commission                                                                  68

(33) Article 33: Property, Contacts, Rights, Liabilities, Obligations and Suits     70

(34) Article 34: Borrowing by Government                                                      71

(35) Article 35: Government Services and Bureaucracy (IFS, IAS, IPS)     72

(36) Article 36: Public Service Commissions                                                    75

(37) Article 37: Administrative Tribunals                                                          77

(37B) Article 37B: Administrative Services Tribunals

(37C) Article 37C: Specialized State Tribunals for Other Matters                        78

(37D) Article 37D: National Urban Land Ceiling Tribunal                         79

(37E) Article 37E: National Taxation Tribunal                                                80

(37F) Article 37F: National Agricultural Lands Tribunal

(37G) Article 37G: National Anti-Smuggling Tribunal                                    81

(37H) Article 37H: National Anti-Corruption Tribunal                                    82

(37-I) Article 37-I. National Policy Evaluation Tribunal

(38) Article 38: Election Commission of India                                         83

(39) Article 39: Reservations Relating to Certain Castes, Tribes, Classes            84

(40) Article 40: Hindi as Official Language                                                          87

(41) Article 41: Emergency Provisions                                                         89

(42) Article 42: Power of Parliament to amend the Constitution                  95

(43) Article 43: Miscellaneous                                                               96

(44) Article 44: Temporary, Transitional and Special Provisions                     99

(45) Article 45: Short title                                                                                  101

 

 

(00)(1) Populist Constitution of India

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 2. Web Blog http://360.yahoo.com/HindustanEmpire/ Copyrights All Rights Reserved

  (00)(1) Preamble

WE, THE PEOPLE OF INDIA, also known as BHARAT, or Union of Asia or JAMBUDVIPA, or ARYAVARTA or HINDUSTAN having solemnly resolved to constitute India into a SOVEREIGN SECULAR POPULIST DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this --------------day of 200----,

DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

 

(1) The Union and its Territory

(00) Part (1) The Union and its Territory

(00)(1) Article 1 Name and territory of the Union of India

(1) INDIA also known as BHARAT, or HINDUSTAN, or JAMBUDVIPE or ARYAVARTA shall be a Union of States.

(2) The States and the territories thereof shall be as specified in the First Schedule.

(3) The territory of India shall comprise –

(a) the territories of the States;

(b) the Union territories specified in the First Schedule;

(c) the Colonial territories specified in the First Schedule;

(d) the territories of the Dependencies specified in the First Schedule;

(e) the Imperial territories specified in the First Schedule;

(f) the Confederation territories specified in the First Schedule;

(g) such other territories as may be acquired; and

(h) such other territories, dependencies, nations, republics, and states as may consent to join India-led Federation, Confederation, Empire, Jambu-dwipa, Union of Asia and Greater India Confederation.

(0)(1B) Article 1B: Admission or establishment of new nation States or Republics

(1) Parliament may by law admit into the Indian Union, new territories, new States and new nations, or establish, new States on such terms and conditions as it thinks fit.

(2) Parliament may by law create a (i) supranational “Federation of India,” or (ii) “Union of Asia”, or (iii) “Afro-Asian Union” similar to the formation of European Union, a new supranational confederation of the countries, republics, states and nations of the Third World, Asia, Africa and South America, to realize the ancient Indian ideal of “Vasudeva Kutumbkam” or “Jambudvipa”.

(0)(1C) Article 1C: Formation of new States and alteration of areas, boundaries or names of existing States

(1) Parliament may by law - (a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State.

(2) However, no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State, or the Legislature of that nation, territory, for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

(3) Parliament may by law divide the territory of any larger State into a number of smaller States to improve the efficient of the State government, or otherwise.

(0)(1D) Article 1D: Fundamental Right of any foreign country, State, Province, Colony, Dependency to join Union of India

(1) Parliament may by law consent to accept the genuine demand of any country, State, Province, Colony, Dependency, Island, or any territory to join Union of India at terms to be decided at the time of accession to Union of India or any India-led regional Confederatio or Federation.

(2) Parliament may by law establish the procedure to guarantee the right of any foreign dependency, territory or secessionist province of any existing state to join Union of India.

(2) Citizenship

(00) Part (2) Citizenship

(00)(2) Article 2: Citizenship at the commencement of the Constitution

At the commencement of this Constitution, every person who has his domicile in the territory of India and -

(a) who was born in the territory of India; or

(b) either of whose parents was born in the territory of India; or

(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India; or

(d) who are indigenous peoples of Australia, North America & South America, including Australian Aborigines, Canadian & American native Indians, Incas, Mayans, Aztecs, Amerindians and Brazilian Indians.

(0)(2B) Article 2B: Rights of citizenship of certain persons who have migrated to India from Pakistan.

(1) Notwithstanding anything in the Constitution, a person who has migrated to the territory of India from the territory now included in Pakistan, Bangladesh, shall be deemed to be a citizen of India at the commencement of this Constitution if - (a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935, as originally enacted; and (b) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (b) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government. However, no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

(2) Notwithstanding anything in the Constitution, any person who migrated to India after 26 January 1965, from East Pakistan or Bangladesh shall not be deemed to be a citizen of India, and shall be deemed to be an illegal alien, even when he or she continuously resided in any territory of India, or was born in India, or voted in any Indian elections, or even fraudulently acquired Indian passport or ration card.

(3) It shall be competent for the President or the person appointed by him, to order the general round up all illegal aliens of East Pakistani or Bangladeshi origin and to deport them to Bangladesh. It shall be competent for the President or the person appointed to organize the compulsory confiscation of the private property presently owned by illegal aliens from Bangladesh and erstwhile East Pakistan.

(4) It shall be competent for the President to establish provision for the prosecution of such public servants and public officials as provide protection and shelter to such illegal aliens from East Pakistan and Bangladesh as entered India after 1/26/1965.

(0)(2C) Article 2C: Rights of citizenship of certain migrants to Pakistan

(1) Notwithstanding anything in articles above a person who has after the first day of March 1947, migrated from the territory of India to the territory now included in Pakistan or Bangladesh shall not be deemed to be a citizen of India:

(2) However that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan or Bangladesh has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of article be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

(3) Notwithstanding anything in articles, a person who has after the first day of January 1960, migrated from the territory of Pakistan now included in Bangladesh shall neither not deemed to be a citizen or India, even if he has continued to reside in India after that date, even if they are born in India and have exercised their voting rights and hold Indian Passports.

(0)(2D) Article 2D: Rights of citizenship of certain persons of Indian origin residing outside India

Notwithstanding anything in article 3, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

(0)(2E) Article 2E: Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

No person shall be a citizen of India, or be deemed to be a citizen of India by virtue of article, if he has voluntarily acquired the citizenship of any foreign State, unless that foreign State included in the list of foreign states, whose citizens entitled to have dual citizenship in India.

(0)(2F) Article 2F: Continuance of the rights of citizenship

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall continue to be such citizen, subject to the provisions of any law that may be made by Parliament.

(0)(2G) Article 2G: Parliament to regulate the right of citizenship by law.

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

(0)(2H) Article 2H. Citizenship to Foreign Investors

Foreigners can become permanent residents of India, if they invest certain capital in India. Investor residents can apply for the citizenship of India, if they meet certain criteria.

(0)(2I) Article 2I. Immigration from Third World countries

Parliament by law shall issue a certain number of visas for permanent residency as well as temporary residency to skilled and educated person from the Third World to enable the Third World nationals participate in the Indian dream. The holders of permanent or temporary work permits shall be eligible to become the citizens of India through the procedure established by law.

(0)(2J) Article 2J. Citizenship & Residency by Marriage

Spouses of Indian citizens shall be granted the permanent residency and citizenship in due course as per law.

(3) Fundamental Rights

(00) Part (3) Rights

(00)(3) Article 3. Fundamental Rights

(0)(3A) Article 3A: Fundamental Rights:

In this Part, unless the context otherwise required, "the State" includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

(0)(3B) Article 3B: Laws inconsistent with or in derogation of the fundamental rights

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law, which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(3) In this article - (a) "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; and

(b) "laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

(0)(3C) Article 3C: Equality before law

(1) The State shall not deny to any person, man or woman, equality before the law or the equal protection of the laws within the territory of India.

(2) The State shall not allow any religious, ethnic, caste or racial group to discriminate against women, or to impose inequality, bondage or discrimination on women and girls.

(3) The State shall not allow any political, religious or social institution to prohibit women from holding highest positions in any social, economic or religious organization or institutions.

(4) The State shall make special provisions to ensure that women get their fair share of economic, social, political and religious powers in economy, society, politics and religion. The State shall make special provisions to ensure that women are allowed to hold highest priestly positions in all religious institutions in all major world religions. The State shall make special provisions to ensure that women hold senior administrative and managerial and priestly positions to directly control half of the property and assets of all major religious organizations and religious institutions.

(5) The State shall not allow any legal or social inequalities based on differences of caste, ethnicity, race religion or language.

(0)(3D) Article 3D: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to - (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public.

(3) Nothing in the right for prohibition of discrimination shall prevent the State from making any special provision for women and children.

(4) Nothing in the right for prohibition of discrimination shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

(0)(3E) Article 3E: Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in the right for equality of opportunity shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.

(4) Nothing in the right for equality of opportunity shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens, which, in the opinion of the State, is not adequately represented in the services under the State.

(5) Nothing in the right for equality of opportunity shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

(6) Nothing in the right for equality of opportunity shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

(7) However, no person not born in India could hold the highest constitutional offices in the Center as President, vice President and Prime Minister.

(0)(3F) Article 3F: Abolition of Untouchability

(1) "Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.

(2) Parents cannot force their children to marry along caste lines. To suggest that young men and women marry within their castes or sub castes shall be a cognizable criminal offense. State shall promote and propagate inter-caste marriages.

(3) Law shall provide full protection to all such children As decide to enter into inter-caste marriages with or without their parent’s consent.

(4) Suitable percentage of jobs shall be reserved for couples that embrace inter-caste marriage.

(0)(3G) Article 3G: Abolition of Titles

(1) No title, not being a military or academic distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

(5) Nothing in the right for abolition of titles shall affect the award of any Title in recognition of one’s academic or intellectual or social or political attainments.

(6) President shall be competent to issue titles to recognize their special role, duties and responsibilities in the social, economic and polity of India and abroad. 

(7) Nothing in the right for abolition of titles shall affect the award of any Title in recognition of the political, economic and social privileges that the leaders of new countries, states, provinces, dependencies and territories that join Union of India.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 6. Web Blog http://360.yahoo.com/HindustanEmpire/  Copyrights All Rights Reserved

 

 

 

Populist Draft for a New Constitution of India 

  (00)(4) Fundamental Freedoms

(00)(4) Article 4: Fundamental Freedoms

(0)(4B) Article 4B. Protection of certain rights regarding freedom of speech, etc.

(1) All citizens shall have the right -

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) to practice any profession, or to carry on any occupation, trade or business.

(2) Nothing in right of freedom of speech and expression shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

(3) Nothing in the right to assemble peacefully and without shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the right conferred by the said sub-clause.

(4) Nothing in the right to form associations or unions shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right.

(5) Nothing in the right to move freely and to reside and settle in any part of India shall affect duty of the State to periodically transfer older generation older than 55 years to move out of the cities and to settle down in villages, so that younger people from villages could move into to cities to find gainful employment. The State shall undertake measures to build retirement homes for older generation so that the cities do not become overcrowded by older generation and retired people.

(6) Nothing in the right to move freely and to reside and settle in any part of India shall affect duty of the State to provide jobs and accommodation for skilled people suitable for modern technology economy in metropolitan cities, which requires to move out such people as lack skills for technological economy in the metropolitan cities to smaller cities and townships.

(7) Nothing in the right to move freely and to reside and settle in any part of India shall affect duty of the State to develop mega metropolitan cities into major financial and technology centers, which requires that people that lack skills and high tech qualifications should be denied entry to the major financial, industrial and technology centers, to make available office and residential accommodations for the information technology and high technology professionals, to develop Delhi, Bombay, Chennai, Bangalore and other metropolitan cities as leading cities in the information age. The State shall have the duty to restrict entry into the major metropolitan cities to people with specific skills and knowledge to help realize the goal of transforming India into a economic super power in the new age of information technology.

(8) Nothing in the right to move freely and to reside and settle in any part of India shall affect duty of the State to ensure that business dominant ethnic groups and bania castes do not own prime commercial and residential property in major metropolitan cities disproportionately more than their share of national or regional population.

(9) Nothing in the right to practice any profession, or to carry on any occupation, trade or business shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, - (i) the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.

(5) Protection in respect of conviction for offenses

(00)(5) Article 5: Protection in respect of conviction for offenses

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

(4) Nothing in the right to protection in respect of conviction for offenses shall affect duty of the State to confiscate the black money and assets of the tax evaders, and to recover tax dues from tax evaders in the post 1950-era, even when the tax evaders may have evaded taxes due by connivance with tax authorities or governmental agencies. There shall be no statute of limitations for the prosecution of tax evaders, black marketers, black money hoarders, so long as the beneficiaries of the tax evasions and inheritors of black money are identified.

(5) Nothing in the right to protection in respect of conviction for offenses shall affect duty of the State to prosecute tax evaders for past tax evasion and confiscation of black money, and the tax evaders may be prosecuted and punished for the same offense of tax evasion more than once, and may be subjected to a penalty greater than that which might have been inflicted under the law in force as the time of the commission of the offense.

(6) Nothing in the right to protection in respect of conviction for offenses shall affect duty of the State to identify and expel from India such illegal aliens from Bangladesh and Pakistan as entered India illegally after 1965 and continued to reside in various states in India continuously due to the connivance with corrupt politicians. The descendants of illegal aliens from Bangladesh even when born in India shall have neither any right to citizenship nor right to reside in India.

(7) Nothing in the right to protection in respect of conviction for offenses shall affect duty of the State to prosecute corrupt bureaucrats and corrupt politicians if it is proved that they consciously adopted anti-Indian economic and foreign policies in post-independence era to harm the national interests of India or to promote the interests of their foreign benefactors, even when such policies had the blessing of the Parliament and the law.

(6) Protection of life and personal liberty

(00)(6) Article 6 Protection of life and personal liberty.

(0)(6A) Article 6A: Deprivation of Liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

(0)(6B) Article 6B: Protection against arrest and detention in certain cases

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(3) Nothing in the right for protection of life and personal liberty shall apply - (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless - (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament; or (b) such person is detained in accordance with the provisions of any law made by Parliament.

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

(6) Nothing in law providing for preventive detention shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

(7) Parliament may by law prescribe - (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board; (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board.

(8) Nothing in the right for protection of life and property shall affect duty of the State to undertake anti-terrorism and anti-organized crime and anti-money laundering measures to defeat the forces of global terrorism and global organized crime and to enforce the confiscation of the global black money and incomes of the global organized crime syndicates and drug cartels. Parliament may by law prescribe the deterrent punishment to eradicate the menace of organized crime, drug cartels and terrorism to protect the national sovereignty and national interests of India.

(9) Nothing in the right for protection of life and personal liberty shall restrict the authority of the State to round up the criminals in the metropolitan cities and transfer to designated rural regions or to outlying islands or Andamans and Nicobar Islands to improve the quality of life of law abiding citizens in the metropolitan cities of India.

(7) Prohibition of traffic in human beings and Forced Labor

(00)(7) Article 7: Prohibition of traffic in human beings and forced labor

(0)(7A) Article 7A: Abolition of human Trafficking

No person especially young women and children shall be deprived of its personal liberty on account of human trafficking and all forms of human trafficking shall carry deterrent punishment by the law.

(1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in the right of prohibition of traffic in human beings and forced labor shall prevent the State from imposing compulsory national service and compulsory military draft service for public purposes, and in imposing such service the State shall not make any discrimination on ground only of religion, race, caste or class or any of them.

(3) Nothing in the right of prohibition of traffic in human beings and forced labor shall prevent the State from Compulsory National Service, for the maximum period of 5-years per person, for every able bodied man and woman, to serve in the armed forces, social development forces, religious propagation and for general economic development of the nation.

(0)(7B) Article 7B: Prohibition of employment of children in factories, etc.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

(1) Nothing in the right for prohibition of employment of children shall prevent the State from training younger children earn part time incomes by learning vocational skills in the schools and industrial guilds.

(0)(7C) Article 7C: Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

(2) Nothing in the freedom of conscience shall affect the operation of any existing law or prevent the State from making any law - (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes, castes and sections of Hindus.

(3) The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

(4) The reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

(5) Nothing in the right for freedom of conscience shall prevent the State to require from all religious institutions in India that they should allocate at least one-fifth (20%) of their resources to promote use of computers and education for young boys and girls belonging to their respective religions or religious sects.

(6) Nothing in the right for freedom of conscience shall prevent the State to guarantee that all religious entities accept that God is a man as well as a woman that Almighty Creator could be either a male God or female Goddess or both and that no religious shall discriminate against the concept of Almighty Goddess in all its various manifestations.

(7) Nothing in the freedom of conscience shall prevent the State to reform all world religions, to edit and codify religious scriptures and to train religious preachers to propagate Indian version of religions worldwide.

(8) Nothing in the right for freedom of conscience shall prevent the State to guarantee that all top religious leadership positions are either directly elected by the general public, laity and believers and that the National Religious Election Commission shall conduct all religious elections to elect religious leaders of every religious institutions. Nothing in this article shall prevent the State to guarantee employment opportunities in the religious institutions are open to all believers and that the selection process of the religious workers supervised National Religious Service Commission.

(9) Nothing in the right for freedom of conscience shall prevent the State to guarantee that no religious conversions take place by financial inducement, coercion and false propaganda. Nothing in this article shall prevent the State to punish the foreign missionaries that use false propaganda, inducement, bribery and coercion to convert Hindus in India.

(10) Nothing in the right for freedom of conscience shall prevent the State to guarantee that religious entities do not misuse the religious freedom to promote the Dictatorship of the Priests and promote the suppression of women.

(12) Nothing in the right for freedom of conscience shall prevent the State to guarantee the compulsory religious education as part of the educational curricula.

(0)(7D) Article 7D: Freedom to manage religious affairs

(1) Subject to public order, morality and health, every religious denomination or any section thereof shall have the right -

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.

(2) Nothing in the right for freedom to manage religious affairs shall prevent the State to legislate against the exploitation and suppression of the rights of the female religious workers, to protect the sexual exploitation of boys and girls by priests and religious leaders, to stop the practice of shaving the heads of female nuns in religious institutions, including Christian Churches and Jaina Temples.

(3) Nothing in the right for freedom to manage religious affairs shall prevent the State to guarantee that female religious workers and priests control 50% of the total assets of the religious organizations, and that only female trustees are in charge to operate and manage the 50% assets and properties of the religious organizations. Nothing in this article shall prevent the State to guarantee that women represent 50% of the management of all religious bodies, entities and organizations. Nothing in the right for freedom of conscience shall prevent the State to require that half (50%) of all assets and properties of all religious institutions are reserved for use by women members of their religious sets.

(4) Nothing in the right for freedom to manage religious affairs shall prevent the State from stipulating that no less than 25% of the total incomes of the religious institutions invested to provide and furnish the free libraries, computers and internet access to the general public.

(5) Nothing in the right for freedom to manage religious affairs shall prevent the State from enforcing measures to ensure that the leadership of all religious organizations including the top leadership in Christian churches, Hindu temples, Jaina Temples, Muslim Mosques, Sikh Gurudwaras, Buddhist Pagodas and all other religious places of worship, charity and social services are periodically elected by the laity members of the faith and religious organizations, once every 5 years, by the system of one-person one-vote.

(6) Nothing in the right for freedom to manage religious affairs shall prevent the State that the majority of the top leadership in all religious organizations, and religious bodies that codifies scriptures and religious practices in all religions consists of people of Indian origin.

(7) Nothing in the right for freedom to manage religious affairs shall prevent the State that the ownership of all real property and monies of religious places of worship, institutions, societies, religious educational institutions shall reside in the society and managed by the elected representative of the laity, believers and followers of these religious entities.

(0)(7E) Article 7E: Freedom as to payment of taxes for promotion of any particular religion.

(1) No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

(2) Nothing in the right for freedom to manage religious affairs shall prevent the State to guarantee that every boy or girl work as religious worker for one year.

(3) Nothing in the right for freedom to manage religious affairs shall prevent the State to guarantee that every religious entity invest 25% of its total incomes for providing free libraries, computers, internet access and cyber cafes to the believers and general public.

(0)(7F) Article 7F: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

(1) No sectarian fundamentalist religious instruction shall be provided in any educational institution maintained out of State funds. Liberal religious education shall form the compulsory part of the educational curricula. All students shall study universal religious education about major world religions and religious scriptures as part of the educational requirement.

(2) Nothing in the right for freedom as to attendance at religious instruction shall apply to an educational institution, which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. However, only liberal non-sectarian religious studies can be imparted in any educational institution.

(3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is minor, his guardian has given his consent thereto.

(4) Nothing in the right for freedom as to attendance at religious instruction shall prevent the State to guarantee that only the State approved religious scriptures and religious commentaries are taught in the schools, colleges and universities, whether or not the school privately funded or party State funded.

(0)(7G) Article 7G: Protection of interests of minority religious sects in world religions

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

(3) No member of the minority religious sects of Christianity shall be prevented from using the property and places of worship of the larger religious sects namely Catholic churches and Protestant Churches, since every Christian Church property is the common property of the Christians, without any discrimination on the basis of the differing Christian religious sects.

(3) Nothing in the right for protection of interests of minority religious sects shall prevent the State to guarantee that religious interests of the minority religious sects are protected in all world religions, namely, Hinduism, Buddhism, Islam and Christianity so that (a) the religious interests of minority Christian sects including early Apostolic Gnostic Arian Christianity protected in Christian churches allowing minority Christian sects to use the property and places of worship of Catholic and Protestant Churches on non discriminatory basis; (b) the religious interests of minority Muslim sects including Sufism and minority Islamic sects are protected the minority sect believers allowed the non-discriminatory usage of all properties of all Muslim religious entities, organizations and mosques, without any discrimination on the basis of sects and sectarian beliefs and regional practices.

(4) Nothing in the right for protection of interests of minority religious sects shall prevent the State to guarantee that property of all major religious entities and places of worship are available for religious purposes for followers of every denomination, minority sect belonging to that world religion without any discrimination and these religious denominations and religious sects shall have a right to hold religious ceremonies and meetings in the religious places of worship controlled by the majority sect or denomination.

(5) Nothing in the right for protection of interests of minority religious sects shall prevent the State to guarantee that women religious leaders and religious workers are able to use religious properties and preside over religious ceremonies in all religious places of worship without any discrimination whatsoever and to propagate women-led religious sects and denominations.

(0)(7H) Article 7H: Right of minorities to establish and administer educational institutions.

(1) All minorities, including minority religious sects, minority religious denominations, racial and ethnic minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

(2) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

(3) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

(4) Nothing in this article shall prevent the State to guarantee that all religious educational institutions include only the liberal versions and the State-approved versions of the religious scriptures and commentaries and no religious educational material can be distributed among students that discriminates against women and encourages the suppression and bondage of women.

(5) Nothing in the education rights of the minorities shall prevent the State to guarantee that educational institutions do not administer and propagate the conservative fundamentalist anti-women version of religious scriptures and religious commentaries.

(8) Right to Property Trade Commerce and Intercourse

(00)(8) Article 8 Right to Property Trade Commerce and Intercourse

(0)(8A) Article 8A. Persons not to be deprived of property save by authority of law

(1) No person shall be deprived of his property save by authority of law.

(2) Nothing in the right to property shall prevent the State from making special provisions to confiscate the black money or confiscate the property of organized crime of confiscate the property lieu of the recovery of past and present tax evasions.

(3) Nothing in the right to property shall prevent the State from making special provisions to order the mandatory sale or transfer of the private property in metropolitan, municipal and urban areas that are owned and controlled by men and women of age above 55 years, to make the orderly transfer of older men and women to rural areas.

(4) Nothing in the right to property shall prevent the State from making special provisions to reserve the ownership of urban commercial and residential property in specially designated areas for exports, commercial, financial and technology zones, to such people and companies that have the required skills, education and business focus.

(5) Nothing in the right to property shall prevent the State from making special provisions to redevelop or to remove urban or metropolitan slums, to improve the quality of life in the cities.

(6) Nothing in the right to property shall prevent the State from making special provisions to guarantee that charitable institutions, religious institutions and associations allocate half (50%) of its total property and assets for the exclusive use of women members of their respective institutions and organizations.

(7) Nothing in the right to property shall prevent the State from making special provisions to guarantee that the control and ownership of agricultural lands in rural areas owned by older men and women above the age of 55 years, judiciously transferred to joint control and ownership with adult male members of their family.

(8) Nothing in the right to property shall prevent the State from making special provisions to guarantee that the arable rural agricultural lands does not get fragmented resulting in the decline or loss of agricultural production of these lands.

(9) Nothing in the right to property shall prevent the State from making special provisions to impose suitable extra taxes on properties built on lands under Urban Land Ceiling in metropolitan areas, to ensure that ensure that residents of all cities throughout India equitably share the burden of Urban Land Ceiling Act.

(10) Nothing in the right to property shall prevent the State from making special provisions to levy special taxes on commercial and residential property constructed on the lands owned by sick industries after the dismantlement of those industries.

(11) Nothing in the right to property shall prevent the State from making special provisions to confiscate the property that are acquired by acts of corruption or by corrupt means or illegal means, belonging to corrupt bureaucrats, politicians, social leaders, religious leaders and trade union leaders.

(12) Nothing in the right to property shall prevent the State from making special provisions to restrict the right of property for promoting the Capitalistic economic infra structure in the economy to make India economic super power in the post-industrial information age high-technology economy.

(13) Nothing in the right to property shall prevent the State from making special provisions to transform India into a modern capitalist high-tech economy, manufacturing capital of the world, services capital of the world and information technology and business process outsourcing capital of the world.

(14) Nothing in the right to property shall prevent the State from making special provisions to transfer property and economic resources and assets allocated to old socialistic public sector economy to large-scale manufacturing economy and to modern capitalistic new economy suitable for 21st century.

(15) Nothing in the right to property shall prevent the State from making special provisions to expedite the fast growth of national gross domestic product  and per capital GNP in the capitalist economy.

(16) Nothing in the right to property shall prevent the State from making special provisions to confiscate or transfer the mining leases awarded to smaller companies, if the holders of such mining licenses lack economic resources required for exploration, development of producing mines.

(17) Nothing in the right to property shall prevent the State from making special provisions to allow the consolidation of mining leases and mining licenses by well funded domestic mining syndicates for fast development of Indian mining sector.

(18) Parliament may by law impose such restrictions on the right to property as may be required to develop capitalistic industrial and post-industrial information economy, to promote Capitalism and Populism.

(0)(8B) Article 8B. FREEDOM OF TRADE, COMMERCE AND INTERCOURSE:

(1) Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.

(2) Nothing in the Freedom to trade, commerce and intercourse shall prevent the State from making special provisions to promote capitalistic large retail super chain stores and large India-led multinational enterprises.

(3) Nothing in the Freedom to trade, commerce and intercourse shall prevent the State from making special provisions to promote India-led global export houses and manufacturer-export houses.

(4) Nothing in the Freedom to trade, commerce and intercourse shall prevent the State from making special provisions to curb or ban trade unions and to restrict or ban right of strikes to ideal create social and economic conditions to promote India as the manufacturing hub of the world and to promote India as the ideal destination for Foreign Direct Investment.

(5) Nothing in the fundamental rights, right for freedom shall prevent the State from making provisions to promote India as the economic, trading and commercial super power of the world.

(6) It shall be competent for the President or such person as he may direct to adopt specific provisions to enter into trade agreements with foreign governments and regional organizations to secure for Indian business and industry the unfettered freedom of trade, commerce and intercourse.

(7) It shall be competent for the President or such person as he may direct to adopt specific provisions to establish special foreign trade agency to coordinate the activities of various government agencies and department for conduct of India’s economic diplomacy.

(0)(8C) Article 8C. POWER OF PARLIAMENT TO IMPOSE RESTRICTIONS ON TRADE, COMMERCE & INTERCOURSE

(1) Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.

(2) Parliament may by law impose such restrictions on right of property, freedom of trade commerce or intercourse, or on fundamental rights as may be required in the public interest to develop democratic modern capitalistic economy.

(3) It shall be competent for the President or such person as he may direct to adopt specific provisions to impose involuntary consolidation of smaller retail stores in to large retail chain stores and large super market chain, to expedite the transformation of old economy based on laissez faire economic principles into oligopoly large scale capitalism, to make India competitive in the age of multinational enterprises.

(4) It shall be competent for the President or such person as he may direct to adopt specific provisions to impose involuntary consolidation of smaller manufacturing units into large scale manufacturing hub to expedite India becoming manufacturing hub of the world.

(5) It shall be competent for the President or such person as he may direct to adopt specific provisions to impose involuntary separation of ownership of business enterprises from professional management, to prepare Indian economy face the challenge of global competition.

(6) It shall be competent for the President or such person as he may direct to adopt specific provisions to require that all businesses and industry owned or controlled by members of dominant business communities such as Marwari and Banias must have members of board of directors from other their own communities, to provide greater role in the management of business enterprises to professionals belonging to other ethnic communities such as are not economically dominant.

(7) It shall be competent for the President or such person as he may direct to adopt specific provisions to require that 30% net profits of all trading enterprises must be invested in manufacturing activities to make India a manufacturing hub of the world.

(8) It shall be competent for the President or such person as he may direct to adopt specific provisions that in metropolitan areas all trading and manufacturing companies shall invest a portion of its profits in mega export organizations to promote India as the export hub of the world economy. 

(9) It shall be competent for the President or such person as he may direct to adopt specific provisions to require that all leadership positions in private and public, trading and manufacturing enterprises are open to the most talented persons employed in these organizations, even when they are not members of the family of the owners of these organizations.

(10) It shall be competent for the President or such person as he may direct to adopt specific provisions to require that dominant economic communities such as Marwaris as well as Banias do not own or control more than 5 percent each of the corporate economic resources of India each, since the dominance of Marwari community and Bania Caste may have caused serious road blocs for the emergence of India as economic super power of the world, and as manufacturing hub of the world.

(11) It shall be competent for the President or such person as he may direct to adopt specific provisions to require that Marwaris and Banias do not own or control more than 5 percent each of the prime commercial property or prime residential property in metropolitan cities, to make available for professionals of other communities access to prime residential and commercial space in the top metropolitan markets of India.

(12) It shall be competent for the President or such person as he may direct to adopt specific provisions that the marriageable children of dominant ethnic communities such as Marwari and Bania communities, must by law marry outside their respective communities to promote more equitable social intercourse among diverse communities.

(0)(8D) Article 8D. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce

(1) Neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorizing the giving of, any preference to one State over another, or making, or authorizing the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.

(2) Nothing in clause above shall prevent Parliament from making any law giving, or authorizing the giving of, any preference or making, or authorizing the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.

(3) It shall be competent for the President or such person as he may direct to adopt specific provisions to require that metropolitan urban sector of economy must transfer manufactured goods to the rural agricultural sector equivalent to the urban consumption of agricultural food products produced by the rural agricultural economy. The annual transfer of urban products to the rural economy should equal the consumption of rural agricultural and food products consumed by the urban populations.

(0)(8E) Article 8E. Restriction on trade, commerce and intercourse among States

(1) The Legislature of a State may by law impose on goods imported from other States or the Union territories any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced.

(2) The Legislature of a State may by law impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest: Provided that no Bill or amendment for this shall be introduced or moved in the Legislature of a State without the previous sanction of the President.

(3) The Parliament may by law abolish the octroi taxation to remove hindrances and restrictions on the movement of goods and services in the country.

(4) The Parliament may by law or the State by Proclamation abolish the excise duty or other forms of indirect taxation that gives unfair advantage to foreign imports over domestic manufactures.

(5) Nothing in freedom from restriction on trade, commerce and intercourse shall prevent the State from making special provision to guarantee that the funds generated by the sale of agricultural goods, food products, goods and services produced in non-urban rural and agricultural sector of the economy are reinvested in the rural areas and urban sector should transfer manufactured goods to the rural economy to pay for these rural goods and services.

(6) Nothing in freedom from restriction on trade, commerce and intercourse shall prevent the State from making special provision to guarantee that the agricultural goods traders and absentee landlords reinvest the incomes and profits from the sale of rural goods an services in the rural sector of the economy only.

(0)(8F) Article 8F. Compulsory acquisition of property

(1) It shall be competent for the President or such person as he may direct to adopt specific provisions to require compulsory acquisition of private property and to restrict the right to private property for public projects, such as construction of roads, ports, aerodromes, industrial estates, public housing colonies and other infrastructure development projects from time to time.

(2) It shall be competent for the President or such person as he may direct to adopt specific provisions to acquire the metropolitan and urban property of older men and women above the age of 55 years to resettle the older generation away from the metropolitan or urban areas.

(3) It shall be competent for the President or such person as he may direct to adopt specific provisions to confiscate the Black money, and acquire the properties and assets of organized crime, terrorist organizations and anti-social elements.

(0)(8G) Article 8G Saving of laws providing for acquisition of estates, private property etc.

(1) No law providing for (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or

(c) the amalgamation of two or more old economy family owned or public corporations either in the public interest or in order to secure the proper management of any of the corporations, or

(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of share-holders thereof, or (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or license for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of and such agreement, lease or license;

shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the property rights conferred by the Constitution.

(2) However, where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.

(3) However, where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.

(4) It shall be competent for the President or such person as he may direct to adopt specific provisions to require the consolidation of every group of 1000+ family owned businesses and retail stores into publicly trade and professionally managed super market chain stores or retail stores chains, to profit by he economics of scale, required to remain competitive in the age of economic globalization under WTO rules.

(0)(8H) Article 8H. Saving of laws in respect of anti-national activities

(1) No law providing for (a) the counter-terrorism measures by the State or the confiscation of the property of the terrorist organizations and groups, or

(b) the taking over of the management of any business entity having ties with terrorism, organized crime or foreign criminal organizations in the public interest or in order to severe their ties with terrorism or organized crime, etc.

(c) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of such corporations and companies as are financed by Black money, or of any voting rights of share-holders representing the hoarders of black money or organized crime thereof; shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the property rights conferred by the Constitution.

(0)(8-I) Article 8-I. Remedies for enforcement of fundamental rights

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by fundamental rights described in this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court, Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court.

(4) The fundamental right guaranteed by this Part shall not be suspended except as otherwise provided for by this Constitution.

(5) It shall be competent for the President to make special provisions to ensure that during the period the proclamation of national emergency, or proclamation of financial emergency or proclamation of President’s Rule in the State is in operation, all such public officers and public servants that exercise discretionary powers under the emergency provisions, shall also be subject to National Anti-Corruption Tribunals to safeguard that these persons do not misuse the emergency powers to make illegal personal financial gains or engage in corrupt acts.

(6) It shall be competent for the President to make special provisions to ensure that during the period the proclamation of financial emergency is in operation the political and social rights shall not be violated unless required for the implementation of required economic policies required under the financial emergency.

(0)(8J) Article 8J. Power of Parliament to modify the rights and freedoms in their application to Armed Forces.

(1) Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, - (a) the members of the Armed Forces; or (b) the members of the Forces charged with the maintenance of public order; and (c) persons employed in any bureau or other Organization established by the State for purposes of intelligence or counter intelligence.

(2) It shall be competent for the President to make special provisions to provide for voting rights during Parliamentary and Legislative elections to the members of the Armed Forces.

(3) It shall be competent for the President to make special provisions to safeguard against acts or conspiracy to engineer military coups by Armed Forces against the duly elected government of India.

(0)(8K) Article 8K. Restriction on rights conferred by this Part while marital law is in force in any area

(1) Notwithstanding anything in the foregoing fundamental rights provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any person in respect of any act done by him in connection with the maintenance or restoration or order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

(2) It shall be competent for the President or such person as he may direct to adopt specific provisions to establish Martial Law Tribunal, to adjudicate any matters related to the exercise of martial law powers in terms of the rules and regulations of the Martial Law in force, by the officers of the state.

(3) It shall be competent for the President or such person as he may direct to adopt specific provisions to continuously supervise the exercise of power under martial law, to ensure that the provisions of martial law are not misused for personal gains by persons exercising powers under martial law.

(4) It shall be competent for the President or such person as he may direct to adopt specific provisions to ensure that persons found guilty of misusing discretionary powers awarded to them under martial law for personal gains or for financial corruption are severely punished under martial law regulations.

(0)(8L) Article 8L. Legislation to give effect to the fundamental rights provisions

(1) Notwithstanding anything in this Constitution, Parliament shall have power to make laws - with respect to any of the matters related to fundamental rights that may be provided for by law made by Parliament. And the Legislature of a State shall not have, power to make laws, with respect to any of the matters related to fundamental rights.

(2) It shall be competent for the President or such person as he may direct to adopt specific provisions and administrative procedures to ensure that the fundamental rights guaranteed in a democratic polity are safeguarded, while the government may restrict right to property and freedom to trade, commerce and intercourse to guide the transformation of the laissez faire old economy towards oligopoly capitalist industrial and information technology age economy.

(3) Nothing in this Constitution, would erode the citizens right to elect the government by free, fair and impartial elections held in a timely manner.

(4) It shall be competent for the President or such person as he may direct to adopt specific provisions to temporarily restrict fundamental rights and fundamental freedom to ensure that these rights and freedom do not adversely hamper or curtail the citizen’s right to freely exercise their fundamental right to elect their government by free and fair elections, without the fear or threat of violence by criminals and musclemen or illegal inducement by black money or threat of repression by religious and ethnic leaders.

(0)(8M) Article 8M. Confiscation of Black Money

Notwithstanding anything in this Constitution, the Parliament shall have right to make laws to (i) confiscate the Black Money circulating in Indian economy that created parallel economy in India, (ii) confiscate the property of gold smugglers, hawala operators, (iii) confiscate the property of criminals, smugglers and organized crime, (iv) confiscate the property of corrupt politicians, corrupt officials, corrupt businessmen and corrupt religious leaders.

(0)(8N) Article 8N: Prosecution for Tax Evasion

Notwithstanding anything in this Constitution, the Parliament shall have right to make laws to (i) prosecute for past tax evasions and to collect past tax dues that were evaded after January 21, 1950. Notwithstanding any provisions of tax amnesty by any past governments or lapse by previous tax collection agencies, the State shall have right to reassess the taxes that were deemed to have been paid after January 21, 1950. There shall be no statute of limitations as regards tax evasion by corporations, partnerships and individuals, especially by economic dominant ethnic communities and business classes.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 15. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(9) Directive Principles of State Policy

(00)(9) Article 9: Directive Principles of State Policy

(0)(9A) Article 9A. Definition

In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III.

(0)(9B) Article 9B. Application of the directive principles of state policy

(1) The provisions contained in this Part shall not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

(2) Notwithstanding anything in this Constitution, the Parliament shall have right to make laws to implement any or all Directive Principles of State Policy.

(3) It shall be competent for the President to make special provisions to implement the provisions of the directive principles of state policy by Proclamation.

(4) No act of the Parliament or proclamation of the President that seeks to implement the provisions of the directive principles of state policy shall be challenged in any court of law, including High Court except in the Supreme Court.

(0)(9C) Article 9C. State to secure a social order for the promotion of welfare of the people

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

(0)(9D) Article 9D. Certain principles of policy to be followed by the State

(1) The State shall, in particular, direct its policy towards securing -(a) that the citizen, men and women equally, have the right to an adequate means of livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best to serve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment;

(g) that the ownership and control material resources of the national economy are not concentrated in any single ethnic group, or linguistic group, or political group disproportionate to their share of population;

(h) that the State shall take pro active measures to prohibit the concentration of the economic resources of the nations in the business dominant communities of Marwari ethnicity and Bania caste;

(i) that the top management jobs in the public, private and corporate economic entities are awarded strictly on the basis of merit and are not monopolized by any identifiable ethnic group or caste.

(j) that the women hold at least 25% of the top management positions in public, private and corporate economic enterprises.

(2) It shall be competent for the President to make special provision to check the concentration of wealth, assets, property in selected dominant ethnic groups and to nationalize the property of select ethnic groups such as Marwaris or Banias to promote wider distribution of wealth in the society, to guarantee that neither Marwaris nor Banias own or control more than 5% of the total corporate wealth in India respectively.

(3) It shall be competent for the President to make special provisions to protect and promote the financial, economic, social. religious and political status of women in India.

(0)(9E) Article 9E. Equal justice and free legal aid

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

(0)(9F) Article 9F. Organization of village panchayats, Local Self governments

The State shall take steps to organize village panchayats and local self governments and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

(0)(9G) Article 9G. Right to work, to education and to public assistance in certain cases

(i) The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

(ii) The State shall make effective provisions to transfer men and women older than 55 years to move out of top 3000 cities and town and to resettle in the villages, so that youths from villages could move into cities to seek gainful employment, in the city houses vacated by the older men and women.

(iii) The State shall make effective provisions to transfer property rights to younger generation in the age group of 25 to 55 years from the retiring older generation of 55 years and above.

(iv) The State shall make effective provisions to build and develop old age retirement communities and exchange them for the urban properties owned by the persons of 55 years and above age.

(v) The State shall make effective provisions to move men and women older than 55 years away from cities to resettle them in the smaller townships and villages and to provide assistance to educated youths from villages to provide for housing and jobs in the urban areas.

(0)(9H) Article 9H. Provision for just and humane conditions of work for female workers and maternity relief

(i) The State shall make provision for securing just and humane conditions of work for women as well as for maternity relief for women.

(ii) The State shall make provisions for securing accommodation and jobs for young female job seekers in urban and rural areas.

(iii) The State shall make provisions for the safety and job security of single young females that seek jobs in locations away from their family residences.

(iv) The State shall make provisions for the protection of female workers from sexual exploitation and sexual harassment at working places.

(v) The State shall make provisions for the protection of single female workers from anti-social elements and human traffickers.

(vi) The State shall make provisions that married women are not prohibited by their male members of the family from seeking gainful employment to make them economically independent.

(vii) The State shall make provisions that half of the total office clerical jobs, counter sales jobs in retail sector, sewing jobs in garment industry, serving and cooking jobs in the food processing industry are reserved for women.

(viii) The State shall make provisions to establishing women-only police stations and women-only family courts to protect the interests of the women.

(ix) The State shall make provisions that daughter-in-laws and daughters in the family are neither harassed nor denied the freedom guaranteed to them by the Constitution.

(x) The State shall make provisions that 25% of total trading licenses are reserved for women-owned businesses.

(xi) The State shall make provisions to build Women Hostels to provide affordable housing for urban women workers, especially for those that move out of rural areas to seek jobs in urban areas.

(0)(9I) Article 9I. Living wage, etc., for workers

The State shall endeavor to secure, by suitable legislation or economic Organization or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavor to promote cottage industries on an individual or co-operative basis in rural areas.

(0)(9J) Article 9J. Participation of workers in management of industries

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other Organization engaged in any industry.

(0)(9K) Article 9K. Uniform Civil Code for the citizen

(1) The State shall make suitable provisions and enforce laws to secure for the citizens a uniform civil code throughout the territory of India.

(2) The State shall make suitable provisions and enforce laws to secure that women belonging to any religion or ethnic groups are subjected to discrimination or forced into servitude to men.

(3) The State shall make legislative provisions to outlaw and ban any religious practice or custom that discriminates against women and promotes inequality between men and women.

(4) The State shall make provisions to establish judicial institutions and enforcement agencies to confiscate the assets of such religious and social organizations that seek to perpetuate inequality of man and women or impose bondage of women to men.

(5) The State shall make provisions to enforce reorganization of religious institutions so that women hold half of the top management positions in religious trusts and religious institutions in order to empower women to modernize religious institutions to safeguard the status of women belonging to their religion or religious denomination.

(6) It shall be competent for the President to make special provisions to end by proclamation the separate civil codes for Muslims, Christians and Parsis and to require that Uniform Civil Code shall replace the separate civil codes in India.

(0)(9L) Article 9L. Provision for free and compulsory education for children

(i) The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

(ii) The State shall make provisions for vocational education to suitably train young boys and girls in job related education and training.

(iii) The State shall make provision for scientific, technical and engineering education to the masses and make liberal Arts education subordinate to the scientific, technical and engineering education.

(iv) The State shall make provisions to make education relevant to the modern global economy and discontinue outdated educational curriculum.

(vi) The State shall make provisions to train and educate liberal arts teachers and educators in modern subjects that are more relevant to the 21st century economy.

(0)(9M) Article 9M. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections:

(i) The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

(ii) The State shall reserve 25% of the retail trade licenses to Scheduled Castes, Scheduled Tribes and other weaker sections of the society.

(iii) The State shall make provisions to train religious leaders from Scheduled Castes, Scheduled Tribes and other weaker sections and secure them a prominent leadership positions in the management of all religious institutions and religious organizations.

(iv) The State shall make provisions to protect traditional and ancestral religious beliefs and customs of Scheduled Castes, Scheduled Tribes and other weaker sections, and make provisions to prosecute those that seek to convert them by economic inducement, false representation, misinterpretation of traditional religious customs and practices.

(v) The State shall make provisions to ensure that Christian converts from Scheduled Castes, Scheduled Tribes and other weaker sections of Hindu society hold minimum of 90% senior administrative, managerial and priestly positions in Christian religious institutions, organizations and Churches.

(0)(9N) Article 9N. Duty of the State to raise the level of nutrition and the standard of living and to improve public health

(i) The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.

(ii) The State shall make provisions to change food habits of the people, introduce new types of food products, new vegetables, to provide nutritional foods for the growing population.

(iii) The State shall make provisions to promote consumption of fishes, marine products, pork, chicken, Chinese foods, African foods and Pacific Islanders foods.

(iv) The State shall make provisions to ensure that profiteering is checked in food and restaurant industry. The State shall develop mass merchandising restaurant facilities that serve low cost nutritious foods.

(v) The State shall make provisions to ban certain food products that are not suitable to overpopulated nation or cause medical problems, especially related to blood pressure and heart diseases.

(vi) The State shall make provisions to ban use of tobacco, cigarettes, bidis and tobacco chewing products.

(0)(9O) Article 9O. Organization of agriculture and animal husbandry

(i) The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

(ii) The State shall ban Cow slaughter and sale of beef. The State shall ban the export of live animal. The State shall regulate the export of beef to Japan and Western countries at remunerative prices, when the proceeds of such exports are reinvested in the organizing of animal husbandry on modern scientific lines.

(iii) The State shall introduce animal husbandry for new types of animals, such as are used as foods in other countries, but their use is not widespread in India. 

(0)(9P) Article 9P. Protection and improvement of environment and safeguarding of forests and wild life

(i) The State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.

(ii) The State shall make provisions to develop new townships in hitherto under populated forest regions to relieve population pressure in the heavily populated agricultural regions.

(iii) The State shall reduce lands reserved for wild animals and use these lands for human habitation. The State shall endeavor to make new human resettlements in Sundarbans, Gir Forests and other hitherto wild life reservations. 

(iv) The State shall make provisions to promote commercial plantation of trees in the forest lands to increase the economic returns of the forest lands.

(v) The State shall make provisions to train and empower tribal people to judiciously exploit the forest resources and for planting trees in the forest lands to increase human settlements in the forest lands.

(vi) The State shall make provisions that forest lands and wild life reservations are suitably developed for human settlement to reduce population pressure in overpopulated regions of overpopulated India.

(0)(9Q) Article 9Q. Protection of monuments and places and objects of national importance

(i) It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

(ii) The Geological Survey of India shall make prompt measures to ensure that all ancient Hindu, Buddhist and Jaina temples under its control and supervision are repaired and refurbished to restore them to allow the normal religious services in these ancient temples.

(iii) The State shall make provisions and pass suitable legislation to provide and enforce deterrent punishment for illegal trafficking in ancient religious artifacts and religious deities. The State may legislate mandatory death sentences for those engaged in the theft of ancient oriental religious images, deities and artifacts from temples fro sale abroad.

(iv) The State shall make provisions to ensure that all such Hindu, Jaina, Buddhist religious deities, images and artifacts that were stolen from India during British rule and in post-independence era are brought back to India.

(v) The State make suitable provisions that Hindu, Buddhist and Oriental religious artifacts, deities in foreign private hands, art galleries and museums are returned to Hindu, Buddhist and Oriental religious organizations so that they are restored and installed in the temples as religious artifacts.

(vi) The State shall make provisions to prosecute foreign holders of Hindu or Buddhist religious deities and artifacts unless these artifacts are placed under control of the religious institutions in their countries.

(vii) The State shall make suitable provisions to reward private agencies to recover ancient Hindu and Buddhist religious artifacts in foreign lands for their transfer to India or to foreign religious organizations, so that these religious artifacts are used for religious practices.

(0)(9R) Article 9R. Separation of judiciary from executive

(i) The State shall take steps to separate the judiciary from the executive in the public services of the State.

(ii) The Judicial Service Commission shall hold competitive examinations to recruit Judges for subordinate courts and higher courts. The Judicial Service Commission shall develop a fair, impartial and transparent selection process for the judges of High Courts and the Supreme Court.

(iii) The Prime Minister shall select nominees for High Court Judges and Supreme Court Judges from the list prepared by the Judicial Service Commission and seek ratification of the Parliament for all judicial nominees.

(0)(9S) Article 9S. Promotion of international peace and security

The State shall endeavor to -

(a) promote international peace and security;

(b) maintain just and honorable relations between nations;

(c) foster respect for international law and treaty obligations in the dealings of organized people with one another;

(d) encourage settlement of international disputes by arbitration;

(e) encourage brotherly relations with all neighbors in Asia and Africa and South America to promote the “Confederation Union of Asia & Africa & South America” or “Third World Union”, the ideal of multinational state comprising the continents of Asia, Africa and South America on the lines of European Union;

(f) check the proliferation of nuclear weapons and weapons of mass destruction; and

(g) promote India as a super power, UN Security Council Veto-holding power and a legitimate nuclear weapon power.

(0)(9T) Article 9T. Separation of State and Church

(i) The State shall take steps to separate the secular State from the religious Church to ensure that interests of the State are not subverted by the leaders of the religious Church and citizens’ loyalty to the State should under any circumstances undermined by the loyalty to the Religion.

(ii) The State shall make provisions to propagate modernized Indian worldview of world religions, namely, Indianized Hinduism, Indianized Buddhism, Indianized Jainism, Indianized Sikhism, Indianized Zoroastrianism, Indianized Islam, and Indianized Christianity. The State shall take steps to compile, edit and publish authorized versions of religious scriptures of all major world religions.

(iii) The State shall make provisions to promote and propagate universal religious education and modernization of religious scriptures and training of priests and administrators of religious institutions of all major world religions.

(iv) The State shall take pro-active role in the modernization of world religions to adapt world religions to the 21st Century.

(v) The State shall make provisions to ensure that directly elected representatives of the believers and laity hold senior managerial positions in the management and administration of religious assets and properties and institutions.

(vi) The State shall make provisions to ensue that women hold 50% of top management, administrative and priestly positions in religious institutions or all major world religions in the territories of India.

(vii) The State shall ensure that young adults under the age of 35 years hold 50% of administrative, managerial and priestly positions in the religious institutions of all major world religions and religious denominations and sects in India.

(viii) The State shall make provisions to ensure that only duly qualified and educated persons hold managerial, administrative and priestly positions in the religious institutions of all major world religions in India.

(ix) The State shall make provisions to open foreign branches of the India-based religious institutions and organizations of all major world religions.

(x) The State shall make provisions to establish Religious Television Channels on satellite television, cable television and terrestrial television for all major world religions to propagate Indian version of all major world religions.

(xi) The State shall make provisions to prevent and control mismanagement of religious funds, properties and assets by unscrupulous managers and administrators of religious institutions and organizations.

(0)(9U) Article 9U. Promotion of Inter-Caste Marriages

(i) The State shall take pro-active steps to eliminate the curse of Caste system and promote inter-caste marriages by encouraging young men and women to wed outside their castes, linguistic groups and ethnicity with or without the consent of their parents.

(ii) The State shall make provisions to ensure that young children of the economically dominant ethnic groups and castes marry outside their ethnic groups and castes. The State shall make provisions to ensue that the marriageable young boys and girls belonging to Marwari ethnicity and Bania caste marry outside Marwari community and Bania caste respectively.

(iii) The State shall enact legislation and enforce provisions that marriageable young boys and girls exercise their freedom to choose their marriage partners, without the interference of their parents.

(iv) The State shall make provisions to ensure that Indian males marry a large number of foreign women to spread the influence of Indian civilization world wide.

(0)(9V) Article 9V: Older Person’s Maintenance Care and Protection

(i) The State shall supervise the transfer of the urban properties and arable agricultural lands from 55-years plus older persons to their children and make special provisions that a portion of the incomes of these transferred properties is paid by the children to their older parents as financial support.

(ii) The State shall take pro-active steps to ensure that the part of the incomes of the properties transferred are reserved for payments towards old person Pension payments. It shall be a duty of the children to provide basic amenities to their older parents residing in villages or old-persons homes.

(iii) The State shall make provisions to ensure that in case of misconduct by children after the transfer of property, if the children fail to, or refuse to provide basic amenities and basic physical needs to their old parents, then such transfer of property shall be declared void.

(10) Fundamental Duties

(00)(10) Article 10 Fundamental Duties

It shall be the duty of every citizen of India -

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

(k) to join and serve 5-year duration Universal National Service to serve the nation.

(l) to promote and propagate the world religions worldwide to make India the leader of world religions.

(m) to support charities and voluntary agencies to eliminate illiteracy in the nation.

(n) to promote brotherly relations with neighboring nations, third world nations to encourage the formation of Union of Asia.

(o) to promote inter-caste marriages and to give full freedom to the young men and women to enter into inter-caste marriages.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 20. Web Blog http://360.yahoo.com/HindustanEmpire/  Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(11) The Union Executive

(11) The President of the Union

(00)(11) Article 11. The President of the Union

There shall be a President of India, and the President shall be the Head of the State and the nominal head of the government in India. The Prime Minister shall exercise the executive powers of the State in the name of the President. Prime Minister shall be the head of the Union government in India. The President shall exercise the federal powers over the State governments, and supervisory executive powers over the Chief Ministers of the State governments in India.

(0)(11B) Article 11B. Executive power of the Union

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defense Forces of the Union Shall be vested in the President and the exercise thereof shall be regulated by law.

(3) The President is the Head of the State and the Prime Minister is the Head of the Government. The executive power symbolically resides with the President but exercised de facto in person by the Prime Minister.

(4) The President can declare the State of Emergency at the center and nationwide at the advice of the Prime Minister, initially for a period of one-year extendable for the duration of the Parliament’s term.

(5) Nothing in this article shall - (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President.

(6) Nothing in this article shall be deemed to prevent Parliament from conferring by law additional executive functions or authorities on the President, for direct exercise by the President.

(7) It shall be competent for the President to make special provisions to supervise and to direct the supervision of exercise of executive powers of the State governments and Municipal Corporations, in order to prevent the misuse of State power or to prevent the misuse of resources of the State and Municipalities by the elected officials or government employees.

(8) It shall be competent for the President to make special provisions to supervise and to direct the supervision of exercise of executive powers of the State governments and Municipal Corporations, in order to oblige the State governments to follow common economic and social policies that the Union government or the Parliament directed the State governments to implement, regarding the matters listed in the State List or Concurrent List or Municipality List.

(9) It shall be competent for the President to make special provisions to supervise and to direct the supervision of exercise of executive powers of the State governments and Municipal Corporations, in order to prevent the coalition partners hold the national coalition government at the center to ransom demands, with a threat to withdrawal of their crucial support to the Union government or the State governments.

(10) It shall be competent for the President to make special provisions to supervise and to direct the supervision of exercise of executive powers of the Union, State and Municipal governments, in order to check financial corruption for personal gains by elected officials or government officers

(11) It shall be competent for the President to make special provisions to supervise and to direct the supervision of exercise of executive powers of the Union, State and Municipal governments, in order to expedite the economic transformation of India into a democratic modern capitalist economic super power and to remove any such roadblocks as hinder this process.

(12) It shall be competent for the President to make special provisions to supervise and to direct the supervision of exercise of executive powers of the Union, State and Municipal governments, in order to check the extra-constitutional accumulation of power by any section or any cadre of the salaried government bureaucracy.

(0)(11C) Article 11C. Election of President

(1) The President shall be elected by the members of an electoral college consisting of - (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States.

(2) Nothing in the Constitution shall prevent the Parliament to legislate for the direct election of the President.

(0)(11D) Article 11D. Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the legislative Assembly of each state is entitled to cast at such election shall be determined in the following manner; -

(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;

(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one; (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

Explanation: In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.

(0)(11E) Article 11E: Manner of the Direct Election of President

(1) The Parliament shall be competent to establish the law, by legislation to establish provisions for the direct elections of the President.

(2) The Directly elected President shall be directly elected by the citizens of the State.

(3) The directly President shall be elected by the electors  of an electoral college consisting of the State Legislative Assembly constituencies of lower house of the State Legislatures. That candidate that wins in a State legislative Assembly constituency by a simple majority of the votes cast, shall win an elector for that Legislative constituency. The candidate that wins the maximum numbers of State electors, or wins in the maximum numbers of Legislative constituencies by simple majority shall be declared the directly elected President of India.

(4) The direct election of the President shall be held in accordance with the multiple district, simple majority system, where each legislative assembly district shall constitute a single district in the multiple district electoral college. Such candidate of the Presidential election as wins the maximum numbers of State Legislative Assembly districts by simple majority shall be declared elected as the President of India, by the direct election of the President.

(0)(11F) Article 11F. Term of office of President

(1) The President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that - (a) the President may, by writing under his hand addressed to the Vide-President, resign his office;

(b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61;

(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

(0)(11G) Article 11G. Eligibility for re-election

A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution be eligible for re-election to that office.

(0)(11H) Article 11H. Qualifications for election as President

(1) No person shall be eligible for election as President unless he or she -

(a) is a citizen of India;

(b) has completed the age of thirty-five years;

(c) is qualified for election as a member of the House of the People, and

(d) is natural born citizen of India of Indian parentage.

(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

Explanation: For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

(0)(11I) Article 11-I. Conditions of President's office

(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.

(2) The President shall not hold any other office of profit.

(3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

(4) The emoluments and allowances of the President shall not be diminished during his term of office.

(0)(11J) Article 11J. Oath or affirmation by the President

Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say - "I, A.B., do swear in the name of God / solemnly affirm that I will faithfully execute the office of President (or discharge the function of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India."

(0)(11K) Article 11K. Procedure for impeachment of the President

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless - (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

(0)(11L) Article 11L. Time of holding election to fill vacancy in the office of resident and the term of office or person elected to fill casual vacancy

(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

(0)(11M) Article 11M: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any persons convicted of any offence - (a) in all cases where the punishment of sentence is by a Court Martial;

(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) in all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

(0)(11N) Article 11N. Contingency Powers of the President

(1) Discharge of President's functions in other contingencies: Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in the Constitution.

(2) It shall be competent for the President to develop more pro-active role in directing the economic and scientific policies of the Union and State government, with the prior consent of the Union government.

(3) It shall be competent for the President to establish provisions with the prior consent of the Union government to issue directives to the State governments to guide the fast implementation of economic modernization agenda of the Union government in the States.

(4) It shall be competent for the President to establish the President’s Rule at the Center and take the direct charge of the Union government, in the event the political instability or shifting coalition politics prove to be detrimental for the smooth functioning of the Union government.

(5) It shall be competent for the President to establish the President’s Rule at the Union government, in the event of the failure of the prime ministerial form of the form, and order election of the head of the government under Presidential form of he government, within the period of six months of the proclamation of the President’s rule at the Union government.

(6) It shall be competent for the President to establish system of Presidential form of government at the Union and the State, in the event of the failure or instability of the system of prime ministerial form of the government.

(7) It shall be competent for the President to issue a Proclamation of martial law and with the aid and advice and consent of the Prime Minister, appoint a the martial law administrator, and order new elections within six months, to elect the new President, as Head of the government and head of the state, under the system of presidential form of government.

(8) It shall be competent for the President to dismiss the Prime Minister and the Union government, if in the view of the President, the Prime Minister and the Union government is under the unholy influence of some foreign nationals or foreign powers either due to the compulsion of the coalition politics or if a foreign born national is elected as the leader of the majority political party in the Parliament.

(9) It shall be competent for the President to dismiss an incumbent Prime Minister and appoint a caretaker prime minister, and order a reelection of the Parliament, if the President is convinced that the Prime Minister or many Union Ministers are corrupt and vulnerable to foreign powers or interests, and any delay may harm the national interests of India.

(10) It shall be competent for the President to deny the claims of any foreign-born leader of the majority party in the Parliament for appointment as the Prime Minister of India.

(11) It shall be competent for the President to revoke the recognition of any political party, and revoke the right of its members to contest elections, if in his opinion that political party has come under the benign influence of some foreign political party, or foreign organization or foreign nation hostile to the national interests of India.

(12) It shall be competent for the President to make special provisions to neutralize the conspiratorial machinations of foreign powers, interests, organizations, ideologies and political parties hostile to the national interests of India.

(13) It shall be competent for the President to empower the citizen’s militia and National Cadet Corps, and allow these citizen’s militia and NCC units to carry or hold arms and to exercise temporary police powers, to undertake armed counter-terrorism measures to neutralize the insurgencies and civil unrest caused by Maoist insurgents, fundamentalist terrorists, and Marxist revolutionaries bent upon destroying the pro-religion pro-capitalism and pro-economic development agenda of the government of India.  It shall be competent to establish provisions to against the misuse of democratic freedom by terrorists for the destruction of democracy of freedom itself.

(0(11O) Article 11-O. Matters relating to, or connected with, the election of a President or Vice-President

(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.

(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.

(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.

(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.

(0)(11P) Article 11P. Power of the President to Adapt Laws

(1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Populist Constitution, into accord with the provisions of this Constitution as amended by that Act, the President may by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.

(2) President with the aid and advice of the Prime Minister can modify and nullify any temporary provisions regarding various States.

(3) It shall be competent for the President with the proclamation to abolish special provisions for any state, including the State of Jammu and Kashmir, the State of Assam, the State of Nagaland, the State of Manipur, the State of Tripura, the State of Arunachal Pradesh, etc.

(4) It shall be competent for the President to issue proclamation: (i) to abolish the system of reservation of seats in Parliament and State Legislatures for Scheduled Castes and Scheduled Tribes, and (ii) to abolish the system of reservation of jobs in services of the Union and the States for Scheduled Castes and Scheduled Tribes.

(0)(11Q) Article 11Q. Continuance in force of existing laws and their adaptation

(1) Notwithstanding the repeal by this Constitution of the enactments referred to but subject to the other provisions of this Constitution, all the law in force in the territory if India immediately before the commencement of this Populist Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.

(2) For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution, the President may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide, that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.

(3) Nothing in the powers of the President to adapt laws  shall be deemed - (a) to limit the President to make any adaptation or modification of any law; or (b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President.

(0)(11R) Article 11R. Power of President to promulgate Ordinances

(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

(3) If and so far as an Ordinance promulgated by the President makes any provision which Parliament is competent to enact, it shall be valid and such ordnances shall not be questioned in any court of law, except the Supreme Court, and such Ordnances shall remain in full force unless repealed by the Parliament.

(0)(11S) Article 11S: Right of President send messages Parliament to elect Prime Minister for full Parliamentary term

The President may send message to the lower house of the Parliament to elect a Prime Minister for the fixed period of five (5) years or the remaining period of the full term of the Parliament, in the event of the Hung Parliament when no political party or the coalition of the parties commanded the majority of the members of the Parliament, to avoid political instability or uncertainty about the Union government.

(12) The Vice-President Of India

(00)(12) Article 12. The Vice-President Of India

(0)(12A) Article 12A: The Vice President

There shall be a Vice-President of India.

(0)(12B) Article 12B. The Vice-President to be ex-officio Chairman of the Council of States

The Vice-President shall be ex-officio Chairman of the Council of States, the Upper House of the Parliament and shall not hold any other office of profit: Provided that during any period when the Vice-President acts as President or discharges the functions of the President, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States, the Upper House of the Parliament.

(0)(12C) Article 12C. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.

(1) In the event of the occurrence of any vacancy in the office of the President by reason of this death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.

(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.

(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

(0)(12D) Article 12D. Election of Vice-President

(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be by secret ballot.

(2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.

(3) No person shall be eligible for election as Vice-President unless he - (a) is a citizen on India; (b) has completed the age of thirty-five years; (c) is qualified for election as a member of the Council of States; and (d) is a natural born citizen of India of Indian parentage.

(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

Explanation: For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

(0)(12E) Article 12E. Term of office of Vice-President

The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that - (a) A Vice-President may, by writing under his hand addressed to the President, resign his office;

(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution;

(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

(0)(12F) Article 12F. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy

(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

(0)(12G) Article 12G. Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say - "I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will discharge the duty upon which I am about to enter."

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 25. Web Blog http://360.yahoo.com/HindustanEmpire/  Copyrights All Rights Reserved

 

 

 

  (00)(13) Prime Minister and Union Cabinet

(00)(13) Article 13. Prime Minister & Union Council of Ministers

(0)(13) Article 13. Prime Minister.

(1) Prime Minister shall be the head of the Government, while President shall be the head of the State. India shall be a Parliamentary form of government, with the government headed by the Prime Minister, who shall exercise the Executive powers of the government in the name of the President.

(2) President shall invite such Member of Parliament as enjoys the confidence of the majority of the members of the Parliament, preferably the leader of the majority in the Parliament or the leader of the party enjoying the support of the largest number of MPs.

(3) Prime Minister shall choose its Union Council of Ministers and Union Cabinet and they shall serve at his pleasure. Prime Minister can recommend to the President to remove any member of the Union Council of Minister at his pleasure.

(4) Prime Minister shall aid and advise the President and except on constitutional matters the advice of the Prime Minister to the President is binding on the President.

(5) Prime Minister shall serve for the period of 5-year term, after the majority of the MPs after the General Elections elect him/her as the Prime Minister in the Parliament. Once selected as the Prime Minister by the majority of the Members of Parliament present and voting in the Parliament after the Parliament is convened after the general election, the prime Minister shall serve for the fixed period of five (5) year term.

(6) Prime Minister shall have full discretion to select his Union Council of Ministers, and the ministers preferably should be members of the Parliament either Upper House of Lower House of the Parliament. Prime Minister has discretion to induct any person, who is not a member of the Parliament to join the Union Council of Ministers, provided Parliament ratifies the appointment of all such ministers as are not the members of the Parliament.

(7) Prime Minister shall have discretion to advise the President for the dissolution of the Parliament and to hold fresh elections.

(8) Prime Minister can appoint 50% of the members of the Union Cabinet such persons as are not Members of the Parliament, who shall serve at his pleasure and the appointment of these non-MP members of the Union Council of Ministers would require the ratification of the Parliament.

(9) Parliament can impeach the Prime Minister with two/third (66.7%) majority votes in the Parliament.

(10) Nothing in the Constitution shall prevent the Parliament to legislate for the direct election of the Prime Minister.

(0)(13B) Article 13B. Extent of executive power of the Union & Prime Minister

(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend -

(a) to the matters with respect to which Parliament has power to make laws; and

(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty of agreement:

Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws.

(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.

(0)(13C) Article 13C. Prime Minister & Council of Ministers to aid and advise President

(1) Prime Minister is the head of the Union Council of Ministers and Head of the Government.

(2) There shall be a Council of Ministers headed by the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:

Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.

(3) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

(4) Prime Minister shall appoint one Deputy Prime Minister, who shall head the government in the absence of the Prime Minister.

(5) Prime Minister shall be selected for the full term of 5-years by the majority members of Parliament, immediately after the new Parliament is convened after the general elections.

(6) Prime Minister shall have full discretion to appoint as well as demand the resignation of any member of the Union Council of Ministers.

(0)(13D) Article 13D. Other provisions as to Union Ministers

(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.

(2) The Minister shall hold office during the pleasure of the President.

(3) The Council of Ministers shall be collectively responsible to the House of the People.

(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.

(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.

(7) It shall be competent for the Prime Minister to appoint as Ministers, as the members of the Union Council of Ministers, as many as half (50%) of the total, such persons as are neither members of the lower house of the Parliament (Lok Sabha) nor members of the upper house of the Parliament (Rajya Sabha).

(0)(13E) Article 13E. Conduct of business of the Government of India

(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

(0)(13F) Article 13F. Duties of Prime Minister as respects the furnishing of information to the President, etc.

(1) The Prime Minister shall be the Head of the Government and Head of the Union Council of Ministers. The Prime Minister shall appoint a Deputy Prime Minister. The Prime Minister shall appoint the Ministers in the Union Council of Ministers. The President is the de-jure head of the Executive and the Prime Minister is the de facto Head of the Executive branch of the government.

(2) It shall be the duty of the Prime Minister - (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;

(b) to furnish such information relating the administration of the affairs of the Union on and proposals for legislation as the President may call for; and

(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council of Ministers.

(d) to head and administer the Executive branch of the government.

(e) to nominate the members of the Union Council of Ministers, Cabinet Ministers, Deputy Ministers and Ministers of State.

(f) to supervise the performance of the Union Council of Ministers to realize the goals of the government.

(0)(13G) Article 13G: Effect of failure by State to comply with, or to give effect to, directions given by the Union

(1) Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.

(2) It shall be competent for the President to impose President Rule over a State where a State has failed to comply with or give effect to any direction given by the Prime Minister or President in the exercise of executive power of the Union under any of provisions of this Constitution.

(3) It shall be competent for the President to make executive decisions on any issues in the State List or Municipality list, where any States has failed to comply with directions given by the Union government, and failed to take necessary follow up actions on matters listed in the State List.

(4) It shall be competent for the Parliament to pass legislation on the State List matters that are required to be done as a follow up by the State government or governments to give effect to directions given by the Union government in the exercise of the executive power of the Union government.

(5) Nothing in this Constitution shall suggest that any State Government may refuse to faithfully implement the policies on the State List required to give effect to directions given by the Union government to the State government in the exercise of the executive power of the Union under any provisions of this Constitution.

(6) It shall be competent for the President to make special provisions to establish that India is neither a federation nor a confederation of states, but a centralized Union of States, where State List provide certain autonomy in policy formulations and policy implementations to meet the requirements of a democratic multi-ethnic multi-linguistic society of 1.2 billion people representing more than one sixth of the world population.

(7) It shall be competent for the President to establish Federal (Central) Police Force and deploy it nationwide in all states to jointly share the responsibility of maintenance of law and order with the States.

(8) It shall be competent for the President to develop administrative network of the Union governments in the State to directly enforce the implementation of Union governments directives, advice and policies throughout the territories of the State.

(9) It shall be competent for the President to establish special provisions that obligates the officers of the State government to judiciously implement the direct order of the Prime Minister or the senior officers of the Union government, without seeking clearances from the Chief Minister’s office.

(10) It shall be competent for the President to establish special provisions to enforce that in any event of refusal by the Chief Minister of the State Government to disregard or failure to comply with the directions or direct instructions of the Prime Minister or the Union Government, the directions of the Union government shall prevail and the government servants of the State shall implement the directives of the Prime Minister’s Office or the Union Government.

(11) It shall be competent for the President to establish provisions or for the Parliament to pass legislation that even in the absence of the President Rule in the State, in any event when the directives of the Prime Minister’s Office conflicts with the directives of the Chief Minister, even in matters related to the State List, the directives of the Union Government shall prevail, and the state government officers are obliged to obey and implement the orders of the Prime Minister’s Office.

(12) It shall be competent for the President to establish special provisions to discontinue the present practice in the All-India Services, which attaches the IAS and IPS cadre to specific states, which brings IAS and IPS officers under the control of the Chief Minister’s office, regarding assignments, deputations and transfers. 

(0)(13H) Article 13H: Manner of the Direct Election of the Prime Minister

(1) The Parliament shall be competent to establish the law, by legislation to establish provisions for the direct elections of the Prime Minister.

(2) The Directly elected Prime Minister shall be directly elected by the citizens of the State.

(3) The direct election of the Prime Minister shall be held in accordance with the multiple district, simple majority system, where each Parliamentary district shall constitute a single district in the multiple district electoral college. Such candidate of the Prime Ministerial election as wins the maximum numbers of Parliamentary districts by simple majority shall be declared elected as the Prime Minister of India, by the direct election of the Prime Minister.

(4) The directly elected Prime Minister shall be elected by the electors  of an electoral college consisting of the Parliamentary constituencies of lower house of the Parliament. That candidate that wins in a Parliamentary constituency by a simple majority of the votes cast, shall win an elector for that Parliamentary constituency. The candidate that wins the maximum numbers of Parliamentary electors, or wins in the maximum numbers of Parliamentary constituencies by simple majority shall be declared the directly elected Prime Minister of India.

(14) Attorney-General for India

(00)(14) Article 14. Attorney-General for India

(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India. The Attorney General shall be the chief legal advisor and chief legal counsel to the Government of India. The Attorney General shall be the Chief Investigator and Chief Prosecutor on behalf of the Government of India. The Attorney General can initiate on its own initiative investigation and prosecution proceedings and select the target of investigation as well as when requested by any government agency or on the filing of complaint by any member of the public. Attorney General’s Office shall conduct it operations including investigations and prosecutions in a fair, impartial and transparent manner, to uphold the highest democratic standards of incorruptibility, impartiality, honesty and public accountability.

(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.

(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. The Attorney-General shall maintain an independent office and staff of attorneys, prosecutors and investigators. It shall be competent for the President to sanction suitable expenses for the salaries of the staff of the Attorney-General Office, including investigators, prosecutors, attorneys and security staff, to ensure that the investigations and prosecution of the guilty is not hampered due to the lack of any suitable expenses or resources made available to the Attorney-General Office.

(5) It shall be the duty of the Attorney-General to hire legal team and prosecutors to investigate and prosecute individuals and corporations for corporate and private crimes, offenses and misconduct including: (i) black money, (ii) white collar crime, (iii) tax evasion, (iv) corporate frauds, (vi) banking frauds, (vii) organized crime, (viii) international crime syndicates, (ix) drug cartels, (x) misappropriation of funds of charitable institutions, religious trusts and non-profit organizations, (xi) corrupt public servants, (xii) corrupt public officials, (xiii) illegal aliens, (xiv) foreign secret services, (xv) corporate bribery, (xvi) insurance frauds, (xvii) election frauds, (xviii) extra-constitutional foreign influence over government policy making, (xix) foreign bribery to influence government tenders or procurement, (xx) foreign espionage, (xxi) international terrorism, (xxii) wastage of public money, (xxiii) corruption in nationalized banks and financial institution, (xiv) international smuggling including gold smuggling, (xv) illegal foreign assets and bank deposits of Indian politicians and nationals, and (xvi) corporate frauds, misconduct and violation of securities laws.

(6) It shall be the duty of the Attorney-General to file charges and initiate prosecution proceedings in Administrative Tribunals, Special Tribunals, High Courts or Supreme Court as the case may be.

(7) It shall be competent for the President to set up a Special Tribunal presided by a Judge who is qualified to be appointed a Judge of the High Court to adjudicate by trial the cases the Attorney-General may submit for prosecution.

(8) It shall be competent for the President to provide for police protection and to set up special police unit to provide protection to the staff and for conducting investigation of the alleged crime.

(9) It shall be competent for the President to establish special provisions to guarantee that political influence or corporate bribery does not influence or adversely affect the impartial conduct of investigation by the Attorney-General.

(10) It shall be competent for the President to provide for deterrent punishment for any act of misconduct or misuse of power for personal financial gains or corruption or favoritism by Attorney General or by any member of his staff.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 28. Web Blog http://360.yahoo.com/HindustanEmpire/    Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(15) The Union Legislature- Parliament

(00)(15) Article 15. Union Parliament

(0)(15A) Article 15. Constitution of Parliament

There shall be a Parliament for the Union which shall consists of the President and two Houses to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The sovereignty shall reside in the Parliament in session headed by the Prime Minister, when the legislative act is signed into law by the President and the Supreme Court does not find it repugnant to the provisions of the Constitution of India . India shall be a Parliamentary form of government. President shall be the Head of the State and the Prime Minister shall be the head of the government.

(0)(15B) Article 15B. Composition of the Council of States (Rajya Sabha), the Upper House of the Parliament -

(1) The Council of States (Rajya Sabha) shall consists of -(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of the States and of the Union territories.

(2) The allocation of seats in the Council of States (Rajya Sabha) to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.

(3) The members to be nominated by the President under sub-clause (a) and clause (1) shall consists of persons having special knowledge or practical experience in respect of such matters as the following, namely: -Literature, science, art and social service.

(4) The representatives of each State in the Council of States (Rajya Sabha) shall be elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.

(5) The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.

(0)(15C) Article 15C. Composition of the House of the People (Lok Sabha) the Lower House of Parliament

(1) The House of the People (Lok Sabha) shall consists of - (a) not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States, and (b) not more than twenty members to represent the Union territories, chosen in such manner as Parliament may by law provide.

(2) For the purposes of sub-clause (a) of clause (1), -(a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ration between that number and the population of the State is, so far as practicable, the same for all States; and (b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State:

Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.

(3) In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

(4) Nothing in the Constitution shall prevent the Parliament to establish law by legislation to increase the total numbers of parliamentary constituencies, or to increase the total number of members chosen by the direct election from territorial constituencies in the States.

(5) Nothing in the Constitution shall prevent the Parliament to establish law by legislation to increase the total numbers of members chosen by the direct election from territorial constituencies in the State, by making them double memberships, so that certain Parliamentary constituencies elect two members of parliament, one general member of either sexes, and one female member of the Parliament.

(0)(15D) Article 15D. Readjustment after each census

Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House: Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:

Provided also that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies under this article.

(0)(15E) Article 15E. Duration of Houses of Parliament

(1) The Council of States (Rajya Sabha) the Upper House shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.

(2) The House of the People (Lok Sabha) the Lower House of the Parliament, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of 5 years shall operate as a dissolution of the House:

Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

(0)(15F) Article 15F. Qualification for membership of Parliament

(1) A person shall not be qualified to be chosen to fill a seat in Parliament unless he - (a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule; (b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

(2) No person who has proven criminal background and/or has criminal cases pending against him shall be qualified to be chosen or fill a seat in the Parliament, upper House or lower house of the Parliament.

(3) Citizens can file class action suits to demand that the elections as members of parliament be cancelled for persons with known criminal background.

Article 15G. Sessions of Parliament, prorogation and dissolution

(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its lasting sitting in one session and the date appointed for its first sitting in the next session.

(2) The President may from time to time -(a) prorogue the Houses or either House; (b) dissolve the House of the People, as per the advice of the Prime Minister.

Article 15H. Right of President to address and send messages to Houses

(1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.

(2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

(3) The President may send message to the lower house of the Parliament to elect a Prime Minister for the fixed period of five (5) years, in the event of the Hung Parliament when no political party or the coalition of the parties could command the majority of the members of the Parliament.

(0)(15-I) Article 15I. Special address by the President

(1) At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.

(0)(15J) Article 15J. Rights of Ministers and Attorney-General as respects Parliamentary Houses

Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceeding of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.

(0)(15K) Article 15K. Chairman and Deputy Chairman of the Council of States (Rajya Sabha)

(1) The Vice-President of India shall be ex-officio Chairman of the Council of States, the Rajya Sabha, the Upper House of the Parliament.

(2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof.

(0)(15L) Article 15L. Vacation and resignation of, and removal from, the office of Deputy Chairman

A member holding office as Deputy Chairman of the Council of States - (a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.

(0)(15M) Article 15M. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

(1) While the Office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

(0)(15N) Article 15N. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or as the case may be, the Deputy Chairman, is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100 shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.

(0)(15O) Article 15O. The Speaker and Deputy Speaker of the House of the People

The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.

(0)(15P) Article 15P. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

A member holding office as Speaker or Deputy Speaker of the House of the People - (a) shall vacate his office if he ceases to be a member of the House of the People; (b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been of the intention to move the resolution: Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

(0)(15Q) Article 15Q. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as Speaker

(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.

(0)(15R) Article 15R. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

(0)(15S) Article 15S. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so make, such salaries and allowances as are specified in the Second Schedule.

(0)(15T) Article 15T. Secretariat of Parliament

(1) Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament.

(2) Parliament may by law regulate the recruitment and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament.

(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

(0)(15U) Article 15U. Oath or affirmation by members

Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(0)(15V) Article 15V. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker.

The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House.

(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

(0)(15W) Article 15W. Vacation of seats

(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

(2) No person shall be a member both of Parliament and of a House of the Legislature of a State, and if a person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the expiration of such period as may be specified in rules made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.

(3) If a member of either House of Parliament - (a) becomes subject to any of the disqualifications; or (b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant: Provided that in the case of any resignation, if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

(4) If for a period of sixty days a member of either House of Parliament it without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

(0)(15X) Article 15X. Disqualifications for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament -

(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;

(e) if he is so disqualified by or under any law made by Parliament; and

(f) if he is a person with criminal background and/or criminal charges are pending against him and/or serving jail term.

Explanation: For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.

(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

(3) Any government servant seeking to contest elections for Parliament must first resign his government job before filing for the candidature for the Parliamentary elections.

(0)(15Y) Article 15Y. Decision on questions as to disqualifications of members

(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications, the question shall be referred for the decision of the President and his decision shall be final.

(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.

(0)(15Z) Article 15Z. Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified

If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of membership of Parliament, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.

(16) Union Legislative Bills

(00)(16) Article 16. Union Legislative Bills

(0(16A) Article 16. Powers, Privileges, etc., of the Houses of Parliament and of the members and committees thereof

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.

(0)(16B) Article 16B. Salaries and allowances of members

Members of either House of Parliament shall be entitled to receive such salaries and allowances a may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.

(0)(16C) Article 16C. Provisions as to introduction and passing of Bills

(1) Subject to the provisions of Money Bills and other financial Bills, a Bill may originate in either House of Parliament.

(2) Subject to the provisions, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.

(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.

(4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People.

(5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall subject to the provisions of article 108, lapse on a dissolution of the House of the People.

(0)(16D) Article 16D. Joint sitting of both Houses in certain cases

(1) If after a Bill has been passed by one House and transmitted to the other House - (a) the Bill is rejected by the other House; or

(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or

(c) more than six months lapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: Provided that nothing in this clause shall apply to a Money Bill.

(2) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passes by both Houses: Provided that at a joint sitting - (a) if the Bill, having been passed by one House, has not been passed by other House with amendments and returned to the House in which it originated, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill; (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed, and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

(3) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has intervened since the President notified his intention to summon the Houses to meet therein.

(0)(16E) Article 16E. Special procedure in respect of Money Bills

(1) A Money Bill shall not be introduced in the Council of States.

(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.

(3) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed both Houses with the amendments recommended by the Council of States and accepted by the House of the People.

(4) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.

(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.

(0)(16F) Article 16F. Definition of "Money Bills"

(1) For the purpose of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely: - (a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;

(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d) the appropriation of moneys out of the Consolidated Fund of India;

(e) the declaration of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; and

(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State.

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority of body for local purposes.

(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.

(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States, and when it is presented to the President, the certificate of the Speaker of the House of the People signed by him that it is a Money Bill.

(5) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition or regulation of fines or other pecuniary penalties, for the evasion of taxes, including evasion of income tax, custom duty, central excise and VAT.

(6) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition or regulation of taxes for urban land use for real estate development by any metropolitan corporation of municipality for local purposes.

(7) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties or the confiscation of Black money, or confiscation of companies owned and financed by black money, or confiscation of assets and properties of organized crime, international drug cartels and common criminals.

(0)(16G) Article 16G. Assent to Bills

When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent there from:

Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent there from.

(0)(16H) Article 16H. Annual financial statement- Budget

(1)The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the "annual financial statement".

(2) The estimates of expenditure embodied in the annual financial statement shall show separately -

(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India; and

(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the consolidated Fund of India -

(a) the emoluments and allowances of the President and other expenditure relating to his office;

(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;

(c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

(d)(i) the salaries, allowances and a pensions payable to or in respect of Judges of the Supreme court: (ii) the pensions payable to or in respect of Judges of the Federal Court; (iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in a Governor's Province of the Dominion of India;

(e) the salary, allowance and pension payable to or in respect of the Comptroller and Auditor-General of India;

(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.

(0)(16I) Article 16I. Procedure in Parliament with respect to estimates

(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the President.

(0)(16J) Article 16J. Appropriation Bills

(1) As soon as may be after the grants have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet -

(a) the grants so made by the House of the People; and

(b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament.

(2) No amendments shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

(3) Subject to the provisions, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article.

(0)(16K) Article 16K. Supplementary, additional or excess grants

(1) The President shall -

(a) if the amount authorized by any law to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or

(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be.

(2) The provisions shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorizing the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorization of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.

(0)(16L) Article 16L. Votes on account, votes of credit and exceptional grants

(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power -

(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure for the voting of such grant and the passing of the law in accordance with the provisions in relation to that expenditure;

(b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;

(c) to make an exceptional grant which forms no part of the current service of any financial year, and Parliament shall have power to authorize by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made.

(2) The provisions shall have effect in relation to the making of any grant and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorization of appropriation of moneys out of the Consolidate Fund of India to meet such expenditure.

(0)(16M) Article 16M. Special provisions as to Financial Bills

(1) A Bill or amendment making provision for any of the matters related to finance bills shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.

(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alternation or regulation of any tax by any local authority or body for local purpose.

(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.

(0(16N) Article 16N. Rules of Procedure

(1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States of the speaker of the House of the People, as the case may be.

(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.

(4) At a joint sitting of the two Houses the Speaker of the House of People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.

(0)(16O) Article 16O. Regulation by law of procedure in Parliament in relation to financial business

Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament related to financial business or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.

(0)(16P) Article 16P. Language to be used in Parliament

(1) Business in Parliament shall be transacted in Hindi or in English:

Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.

(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words "or in English" were omitted there from.

(0)(16Q) Article 16Q. Restriction on discussion in Parliament

No discussion shall take place in Parliament with respect of the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as herein after provided.

(0)(16R) Article 16R. Courts not inquire into proceedings of Parliament

(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.

(2) No officer or member of Parliament in whom powers are vested by or vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

(0)(16S) Article 16S. Power of President to promulgate Ordinances during recess of Parliament

(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance - (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, of before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President.

Explanation: Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

(3) If and so far as an Ordinance under this article makes any provision that Parliament would not under this Constitution be competent to enact, it shall be void.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 37. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(17) The Judiciary-Supreme Court

(00)(17) Article 17. Establishment and Constitution of Supreme Court

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.

(3) Every Judge of the Supreme Court shall be appointed by a fair selection process to avoid the problem of nepotism or ideological favoritism.

Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall be consulted but the advice of the Chief Justice shall not be binding on the President.

Provided further that (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a judge may be removed from his office in the manner provide in clause (4).

(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and -

(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; and

(b) ha s been for at least ten years an advocate of a High Court or of two or more such Courts in succession; and

(c) is, in the opinion of the President, a distinguished jurist; and

(d) has been at least five years a Judge of the Session Court or State Judicial Services.

Explanation I: In this clause "High Court" means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.

Explanation II: In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.

(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity.

(5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4).

(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court of before any authority within the territory of India.

(8) More than 50% of the appointments to the Judges to the Supreme Court and State High Courts shall be Judges who have worked in their career as Judges in the State subordinate courts and Judges from State Judicial services.

(9) Every Judge of the High Court and the Supreme Court shall recruit one or more assisting Judges from the State Judicial services and State subordinate courts, who shall work as interns and assistants to the Judges to expedite the clearance of the backlog of court cases.

(0)(17B) Article 17B. Salaries, etc., of Judges

(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.

(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:

Provided that neither the privileges not the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

(0)(17C) Article 17C. Appointment of acting Chief Justice

When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

(0)(17D) Article 17D. Appointment of ad hoc Judges

(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.

(0)(17E) Article 17E. Attendance of retired Judges at sittings of the Supreme Court

Notwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous consent of the President, request any person who as held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:

Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.

(0)(17F) Article 17F. Supreme Court to be a court of record

The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

(0)(17G) Article 17G. Seat of Supreme Court

The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

(0)(17H) Article 17H. Original jurisdiction of the Supreme Court

Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute -

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State of States on one side and one or more other States on the other; or

(c) between two or more States.

if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:

Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad of other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement or which provides that the said jurisdiction shall not extend to such a dispute.

(0)(17I) Article 17I. Executive jurisdiction of the Supreme Court

A Executive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws

(0)(17J) Article 17J. Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases

(1) An appeal shall lie to the Supreme Court from any judgment, decree of final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of this Constitution.

(3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided.

Explanation: For the purpose of this article, the expression "final order" includes an order deciding an issue which, if decided in favor of the appellant, would be sufficient for the final disposal of the case.

(0)(17K) Article 17K. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

(1) An appeal shall lie to the Supreme Court room any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies - (a) that the case involves a substantial question of law of general importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.

(2) Notwithstanding, any party appealing to the Supreme Court may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.

(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.

(0)(17L) Article 17L. Appellate jurisdiction of Supreme Court in regard to criminal matters

(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court - (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or (c) certified that the case is a fit one for appeal to the Supreme Court:

Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf and to such conditions as the High Court may establish or require.

(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.

(0)(17M) Article 17M. Certificate for appeal to the Supreme Court

Every High Court, passing or making a judgment, decree, final order, or sentence, - (a) may, if it deems fit so to do, on its own motion; and (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to, may be given in respect of that case.

(0)(17N) Article 17N. Jurisdiction and powers of the Federal Court.

Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

(0)(17O) Article 17O. Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

(0)(17P) Article 17P. Review of judgments or orders by the Supreme Court

The Supreme Court shall have power to review any judgment pronounced or order made by it.

(0)(17Q) Article 17Q. Enlargement of the jurisdiction of the Supreme Court

(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.

(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.

(0)(17R) Article 17R. Conferment on the Supreme Court of powers to issue certain writs

Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes.

(0)(17S) Article 17S. Transfer of certain cases

(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court of the High Courts and dispose of all the cases itself:

Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.

(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

(0)(17T) Article 17T. Ancillary powers of Supreme Court

Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.

(0)(17U) Article 17U. Law declared by Supreme Court to be binding on all courts

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

(0)(17V) Article 17V. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

(0)(17W) Article 17W. Power of President to consult Supreme Court

(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.

(2) The President may, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after hearing as it things fit, report to the President its opinion thereon.

(0)(17X) Article 17X. Civil and judicial authorities to act in aid of the Supreme Court

All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

(0)(17Y) Article 17Y. Rules of Court, etc.

(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including -

(a) rules as to the persons practising before the Court;

(b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered;

(c) rules as to the proceedings in the Court for the enforcement of any of the fundamental rights;

(cc) rules as to the proceedings in the Court;

(d) rules as to the entertainment of appeals;

(e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court or such review are to be entered;

(f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein;

(g) rules as to the granting of bail;

(h) rules as to stay of proceedings;

(i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexations or brought for the purpose of delay;

(j) rules as to the procedure for inquiries.

(2) rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts.

(3) The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference shall be five:

Provided that, where the Court hearing an appeal under any of the provisions of this Chapter consists of less than five Judges and in the course of the hearing of the appeal of the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.

(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made save in accordance with an opinion also delivered in open Court.

(5) No judgment and so such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.

(0)(17Z) Article 17Z. Officers and servants and the expenses of the Supreme Court

(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct:

Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.

(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorized by the Chief Justice of India to make rules for the purpose:

Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.

(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.

 

(18) Union Comptroller and Auditor-General of India

(00)(18) Article 18. Union Comptroller and Auditor-General of India

(0)(18) Article 18 Comptroller and Auditor-General of India

(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:

Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.

(4) The Controller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.

(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General.

(6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India.

(0)(18B) Article 18B. Duties and powers of the Comptroller and Auditor-General

The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.

(0)(18C) Article 18C. Form of accounts of the Union and of the States

The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe.

(0)(18D) Article 18D. Audit reports

(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union Shall be submitted to the President, who shall cause them to be laid before each House of Parliament.

(2) The report of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.

 

 

 

Populist Draft Constitution of India-Kalki Gaur

(00)(19) The States Executive Government-Governor

(00)(19) Article 19. Governors of States

There shall be a Governor for each State:

Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.

(0)(19B) Article 19B. Executive power of State Government

(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through offices subordinate to him in accordance with this Constitution.

(2) Nothing in this article shall -

(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or

(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

(0)(19C) Article 19C. Appointment of Governor

The Governor of a State shall be appointed by the President by warrant under his hand and seal. The Governor shall be the Head of the State in the State and the Chief Minister shall be the head of the government in the State.

(0)(19D) Article 19D. Term of office of Governor

(1) The Governor shall hold office during the pleasure of the President.

(2) The Governor may, by writing under his hand addressed to the President, resign his office.

(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:

Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

(0)(19E) Article 19E. Qualifications for appointment as Governor

No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

(0)(19F) Article 19F. Conditions of Governor's office

(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.

(2) The Governor shall not hold any other office of profit.

(3) The Governor shall be entitled without payment of rent of the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.

(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.

(0)(19G) Article 19G. Oath or affirmation by the Governor

Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say - "I, A.B., do Swear in the name of God / solemnly affirm that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ...................... (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of .................... (name of the State)."

(0)(19H) Article 19H. Discharge of the functions of the Governor in certain contingencies

The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.

(0)(19I) Article 19I. Power of Governor to grant Pardons

Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

 

(0)(19J) Article 19J. Chief Minister & State Council of Ministers

(0)(19J) Article 19J. Extent of Executive Power of State

Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:

Provided that in any matter with respect of which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.

(0)(19K) Article 19K. Council of Ministers to aid and advise Governor

(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his function, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

(0)(19L) Article 19L. Other provisions as to Ministers

(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Minister shall hold office during the pleasure of the Governor:

Provided that there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

(2) The Council of Minister shall be collectively responsible to the Legislative Assembly of the State, the Lower House of State Legislature.

(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.

(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.

(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be a specified in the Second Schedule.

(0)(19M) Article 19M. Advocate-General for the State

(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.

(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

(0)(19N) Article 19N. Conduct of business of the Government of a State

(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

(2) Orders and other instruments made and executed in the name of the governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

(0)(19 O) Article 19 O. Duties of Chief Minister as respects the furnishing of information to Governor, etc.

It shall be the duty of the Chief Minister of each State –

(a) to communicate to the Governor of the State all decision of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and

(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter of which a decision has been taken by a Minister but which has not been considered by the Council.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 43. Web Blog http://360.yahoo.com/HindustanEmpire/  Copyrights All Rights Reserved

 

 

 

  (00)(20) State Legislature

(00)(20) Article 20. State Legislatures

(1) For every State there shall be a Legislature which shall consist of the Governor, and - Lower House, and some states may have two houses, one Lower House of the legislature, the Legislative Assembly, and second one the Upper House of the legislature, the Legislative Council and (b) in other States, one House, the lower house of the legislature, Legislative Assembly.

(2) Where there are two Houses of the Legislature of a State, one, the upper House shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

(0)(20B) Article 20B. Abolition or creation of Legislative Councils in States

(1) Notwithstanding anything in article -----, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in as State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

(2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.

(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article -----,

(0)(20C) Article 20 C. Composition of the Legislative Assemblies

(1) The Legislative Assembly of each State shall consists of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.

(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.

Explanation: In this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:

(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:

Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment.

(0)(20D) Article 20D. Composition of the Legislative Council

(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in the following clause.

(3) Of the total number of members of the Legislative Council of a State - (a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;

(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;

(c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;

(d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;

(e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).

(4) The members to be elected under sub-clause (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consists of persons having special knowledge or practical experience in respect of such matters as the following, namely: -Literature, science, art, co-operative movement and social service.

(0)(20E) Article 20E. Duration of States Legislatures

(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

(2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.

(0)(20F) Article 20F. Qualification for membership of the State Legislature

A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he - (a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;

(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less that thirty years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament.

(0)(20G) Article 20G. Sessions of the State Legislature, prorogation and dissolution

(1) The Governor shall from time to time summon the House or each House of the Legislature of the state to meet at such time and place as he thinks it, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Governor may from time to time - (a) prorogue the House or either House; (b) dissolve the Legislative Assembly.

(0)(20H) Article 20H. Right of Governor to address and send messages to the House or Houses

(1) The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.

(2) The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect of a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

(0)(20-I) Article 20-I. Special address by the Governor

(1) At the commencement of the first session after each general election

to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.

(0)(20J) Article 20J. Rights of Ministers and Advocate

General as respects the Houses-Every Minister and the Advocate-General for a State shall have the rights to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.

(0)(20K) Article 20K. The Speaker and Deputy Speaker of the Legislative Assembly

Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

(0)(20L) Article 20L. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

A member holding office as Speaker or Deputy Speaker of an Assembly - (a) shall vacate his office if he ceases to be a member of the Assembly;

(b) may at any time by writing under his hand addressed, if such members is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:

Provided further that, whenever the Assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

(0)(20M) Article 20M. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

(0)(20N) Article 20N. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article ----, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

(0)(20-O) Article 20-O. The Chairman and Deputy Chairman of the Legislative Council

The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

(0)(20P) Article 20P. Vacation and resignation, of and removal from, the offices of Chairman and Deputy Chairman

A member holding office as Chairman or Deputy Chairman of a Legislative Council - (a) shall vacate his office if he ceases to be a member of the Council;

(b) may at any time by writing under his hand addressed, if such members is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and

(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.

(0)(20Q) Article 20Q. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

(1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, but such members of the Council as the Governor may

appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

(0)(20R) Article 20R. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office if under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article --- shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council and shall, notwithstanding anything in article ---, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

(0)(20S) Article 20S. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are allowances as are specified in the Second Schedule.

(0)(20T) Article 20T. Secretariat of State Legislature

(1) The House or each House of the Legislature of a state shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature.

(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.

(3) Until provisions made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

(0)(20U) Article 20U. Oath or affirmation by members

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(0)(20V) Article 20V. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

(1) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker of Chairman, or person acting as such. The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one-tenth of the total number of members of the House, whichever is greater.

(4) If at any time during a meeting of the Legislative Assembly of the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or persons acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

(0)(20W) Article 20W. Vacation of seats

(1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

(2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules made by the President, that person's seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States.

(3) If a member of a House of the Legislature of a State - (a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 191; or (b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his seat shall thereupon become vacant:

Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:

Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

(0)(20X) Article 20X. Disqualification for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of the legislative Assembly or Legislative Council of a State - (a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify

its holder;

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;

(e) if he is so disqualified by or under any law made by Parliament.

Explanation: For the purposes of this clause, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State.

(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.

(0(20Y) Article 20Y. Decision on question as to disqualifications of members

(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Government and his decision shall be final.

(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.

(0)(20Z) Article 20Z. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified

If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.

(0)(20ZA) Article 20ZA. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.

(2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of Such a Legislature of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act. 1978.

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature.

(0)(20ZB) Article 20ZB. Salaries and allowances of members

Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding province.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 48. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(21) Legislative Power of the Governor & Passing of State Bills

(00)(21) Article 21. State Legislative Bills

(1) Subject to the provisions with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State, which has a Legislative Council.

(2) Subject to the provisions of Money Bills and other financial bills, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.

(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.

(4) A Bill pending in the Legislative Council of a State, which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.

(5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.

(0)(21B) Article 21B. Restriction on powers of Legislative Council as to Bills other than Money Bills

(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council - (a) the Bill is rejected by the Council; or

(b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or

(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree, the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.

(2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council - (a) the Bill is rejected by the Council; or

(b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or

(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree, the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly.

(3) Nothing in this article shall apply to a Money Bill.

(0)(21C) Article 21C. Special procedure in respect of Money Bills

(1) A Money Bill shall not be introduced in a Legislative Council.

(2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.

(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.

(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.

(5) If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.

(0)(21D) Article 21D. Definition of "Money Bills"

For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely: - (a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;

(c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d) the appropriation of moneys out of the Consolidated Fund of the State;

(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or

(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final.

(4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under article 198, and when it is presented to the Governor for assent under article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.

(0)(21E) Article 21E. Assent to Bills

When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent there from or that he reserves the Bill for the consideration of the President:

Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent there from:

Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

(0)(21F) Article 21F. Bills reserved for consideration

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from:

Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with a message and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

(0)(21G) Article 21G. Annual financial statement

(1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part referred to as the annual financial statement.

(2) The estimates of expenditure embodied in the annual financial statement shall show separately - (a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of the State; and (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State, and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State - (a) the emoluments and allowances of the Governor and other expenditure relating to his office;

(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and, in the case of State having a Legislative Council, also of the Chairman and the Deputy Chairman of the Legislative Council;

(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

(d) expenditure in respect of the salaries and allowances of Judges of any High Court;

(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.

(0)(21H) Article 21H. Procedure in Legislature with respect to estimates

(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legislature of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the Governor.

(0)(21-I) Article 21-I. Appropriation Bills

(1) As soon as may be after the grants have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet - (a) the grants so made by the Assembly; and (b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses.

(2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

(3) No money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article.

(0)(21J) Article 21J. Supplementary, additional or excess grants

(1) The Governor shall - (a) if the amount authorized by any law made to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be.

(0)(21K) Article 21K. Votes on account, votes of credit and exceptional grants

(1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power - (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure for the voting of such grant and the passing of the law in relation to that expenditure;

(b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;

(c) to make an exceptional grant which forms no part of the current service of any financial year, and the Legislature of the State shall have power to authorize by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made.

(0)(21L) Article 21L. Special provisions as to financial Bills

(1) A Bill or amendment making provision for any financial bills shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council:

Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.

(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill.

(0)(21M) Article 21M. Rules of procedure

(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.

(3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.

(0)(21N) Article 21N Regulation by law of procedure in the Legislature of the State in relation to financial business

The Legislature of a State may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the State in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by the House or either House of the Legislature of the State under clause (1) of article ---- or with any rule or standing order having effect in relation to the Legislature of the State under clause (2) of that article, such provision shall prevail.

(0)(21O) Article 21O. Language to be used in the Legislature

(1) Business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English:

Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother-tongue.

(2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, by 1965 shall have effect as if the words or in English were omitted there from:

(0)(21P) Article 21P. Restriction on discussion in the Legislature

No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

(0)(21Q) Article 21Q. Courts not to inquire into proceedings of the Legislature

(1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

(0)(21R) Article 21R. Power of Governor to promulgate Ordinances during recess of Legislature

(1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except, when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if -

(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or

(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or

(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the state assented to by the Governor, but every such Ordinance -

(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and (b) may be withdrawn at any time by the Governor.

Explanation: Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:

Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 52. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

  (00)(22) The High Courts in the States

(00)(22) Article 22. High Courts for States

There shall be a High Court for each State.

(0)(22B) Article 22B. High Courts to be courts of record

Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

(0)(22C) Article 22C. Constitution of High Courts

Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.

(0)(22D) Article 22D. Appointment and conditions of the office of a Judge of a High Court

(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, and in any other case, until he attains the age of sixty-two years: Provided that - (a) a Judge may, by writing under his hand addressed to the President, resign his office;

(b) a Judge may be removed from his office by the President in the manner provided for the removal of a Judge of the Supreme Court;

(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.

(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and - (a) has for at least ten years held a judicial office in the territory of India; or (b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;

(0)(22E) Article 22E Application of certain provisions relating to Supreme Court to High Courts

The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.

(0)(22F) Article 22F. Oath or affirmation by Judges of High Courts

Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him an oath or affirmation according to the form set out for the purpose in the Third Schedule.

(0)(22G) Article 22G. Restriction on practice after being a permanent Judge

No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.

Explanation: In this article, the expression "High Court" does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement of the Constitution (Seventh Amendment) Act, 1956.

(0)(22H) Article 22H. Salaries, etc., of Judges

(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.

(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

(0)(22-I) Article 22-I. Transfer of a Judge from one High Court to another

(1) The President May, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.

(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.

(0)(22J) Article 22J. Appointment of acting Chief Justice

When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

(0)(22K) Article 22K. Appointment of additional and acting Judges

(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein; it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.

(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.

(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.

(0)(22L) Article 22L. Appointment of retired Judges at sittings of High Courts

Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:

Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.

(0)(22M) Article 22M. Jurisdiction of existing High Courts

Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution:

Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.

(0)(22N) Article 22N. Power of High Courts to issue certain writs

(1) Every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and warranto and certiorari, or any of them, for the enforcement of any of the rights conferred and for any other purpose.

(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without - (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favor such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.

(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court.

(0)(22-O) Article 22-O. Constitutional validity of Central laws

Constitutional validity of Central laws not to be considered in proceedings under article-

(0)(22P) Article 22P. Power of superintendence over all courts by the High Court

(1) Every High Court shall have superintendence over all courts and tribunal, throughout the territories in relation to which it exercises jurisdiction.

(2) Without prejudice to the generality of the foregoing provision, the High Court may - (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practizing therein:

Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.

(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.

(0)(22Q) Article 22Q. Transfer of certain cases to High Court

If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may -(a) either dispose of the case itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

(0)(22R) Article 22R. Special Provisions

Special provisions as to disposal of questions relating to constitutional validity of State laws

(0)(22S) Article 22S. Officers and servants and the expenses of High Courts

(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.

(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorized by the Chief Justice to make rules for the purpose:

Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State.

(3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.

(0)(22T) Article 22T. Extension of jurisdiction of High Courts to Union territories

(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.

(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory, -

(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and

(b) the reference to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the president.

(0)(22U) Article 22U. Establishment of a common High Court for two or more States

(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory.

(2) In relation to any such High Court, -

(a) the reference to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;

(b) the reference to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and

(c) the references to the State shall be construed as a reference to the State in which the High Court has its principal seat:

Provided that if such principal seat is in a Union territory, the references to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.

(23) District Judges

(00) Subordinate Courts

(00)(23) Article 23. District Judges

(0)(23B) Article 23B. Appointment of district judges

(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

(0)(23C) Article 23C. Validation of appointments of, and judgments, etc. delivered by, certain district judges

Notwithstanding any judgment, decree or order of any court, -

(a)(i) no appointment of any person already in the judicial service of a State or of any person who has been for not less than seven years an advocate or a pleader, to be a district judge in that State, and

(ii) no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise than in accordance with the provisions of article 233 or article ---- shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions;

(b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.

(0)(23D) Article 23D. Recruitment of persons other than district judges to the judicial service

Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.

(0)(23E) Article 23E. Control over subordinate courts

The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorizing the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

(0)(23F) Article 23F. Interpretation

In this Chapter - (a) the expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge;

(b) the expression "judicial service" means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.

Magistrates

(0)(23G) Article 23G. Magistrates

Application of the provisions of this Chapter to certain class or classes of magistrates

The Governor may by public notification direct that the foregoing provisions of this Chapter and any rules made there under shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 56. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(24) Union Territories

(00)(24) Article 24. Union Territories

(0)(24B) Article 24B. Administration of Union territories

(1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.

(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.

(0)(24C) Article 24C. Creation of local Legislatures or Council of Ministers or both for certain Union territories

(1) Parliament may by law create for the Union territory-

(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or

(b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.

(2) Any such law as is referred to shall not be deemed to be an amendment of this Constitution that it contains any provision which amends or has the effect of amending this Constitution.

(3) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.

(4) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories.

(5) There shall be a Council of Ministers consisting of not more than ten per cent of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion:

Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.

(6) The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President.

(7) The Council of Ministers shall be collectively responsible to the Legislative Assembly.

(8) Parliament may, by law, make provisions for giving effect to, or supplement the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.

Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this constitution.

(0)(24D) Article 24D. Power of administrator to promulgate Ordinances during recess of Legislature

(1) If at any time, except when the Legislature of the Union territory is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf:

Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension.

(2) An Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the Union territory which has been duly enacted after complying with the provisions in that behalf contained in any such law, but every such Ordinance -

(a) shall be laid before the Legislature of the Union territory and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and

(b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf.

(3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in law.

(0)(24E) Article 24E. Power of President to make regulations for certain Union territories

(1) The President may make regulations for the peace, progress and good government of the Union territory of -

(a) the Andaman and Nicobar Islands;

(b) Lakshadweep;

(c) Dadra and Nagar Haveli;

(d) Daman and Diu;

(e) Pondicherry:

Provided further that when ever the body functioning as a Legislature for the Union territory the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointed for the first meeting of the Legislature:

Provided further that when ever the body functioning as a Legislature for the Union territory is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.

(2) Any regulation so made may repeal or amend any Act made by Parliament or any other law, which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.

(0)(24F) Article 24F. High Courts for Union territories

(1) Parliament may by law constitute a High Court for a Union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution.

(2) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court for a State to, or from, any Union territory or part thereof.

(25) Local Self Governments- The Panchayats

(00)(25) Article 25: The Panchayats- Rural Local Self Governments

(0)(25B) Article 25B. Definitions

In this Part, unless the context otherwise requires,-

(a) "district" means a district in a State;

(b) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;

(c) "intermediate level" means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;

(d) "Panchayat" means an institution (by whatever name called) of self-government constituted under Article --- for the rural areas;

(e) "Panchayat area" means the territorial area of a Panchayat;

(f) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;

(g) "village" means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.

(0)(25C) Article 25C. Gram Sabha

A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide.

(0)(25D) Article 25D. Constitution of Panchayats

(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.

(2) Notwithstanding anything in Clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.

(0)(25E) Article 25E. Composition of Panchayats

(1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats:

Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled [by] election shall, so far as practicable, be the same throughout the State.

(2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area.

(3) The Legislature of a State may, by law, provide for the representation -

(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level;

(b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;

(c) of the members of the House of the People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly Panchayat area at a level other than the village level, in such Panchayat;

(d) of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within -

(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;

(ii) a Panchayat area at the district level, in Panchayat at the district level.

(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.

(5) The Chairperson of-

(a) a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and

(b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.

(0)(25F) Article 25F. Duration of Panchayats, etc.

(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in Clause (1).

(3) An election to constitute a Panchayat shall be completed -(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat.

(4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued under Clause (1) had it not been so dissolved.

(0)(25G) Article 25G. Disqualifications for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat -

(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;

(b) if he is so disqualified by or under any law made by the Legislature of the State.

(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned in Clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.

(0)(25-H) Article 25-H. Powers, authority and responsibilities of Panchayats

Subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level; subject to such conditions as may be specified therein, with respect to -

(a) the preparation of plans for economic development and social justice;

(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.

(0)(25I) Article 25I. Powers to impose taxes by, and Funds of, the Panchayats

The Legislature of a State may, by law, -

(a) authorize a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;

(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;

(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and

(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys there from, as may be specified in the law.

(0)(25J) Article 25J. Constitution of Finance Commission to review financial position

(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to -

(a) the principles which should govern -

(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;

(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the Panchayats;

(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.

(2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.

(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.

(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.

(0)(25K) Article 25K. Audit of accounts of Panchayats

The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.

(0)(25L) Article 25L. Elections to the Panchayats

(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

(2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:

Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment

(3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by Clause (1).

(4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.

(0)(25M) Article 25M. Application to Union territories

The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under

(0)(25-N) Article 25-N. References to the Legislature

References to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:

Provided that the President may, by public notification direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.

(26) Municipalities

(00)(26) Article 26 Municipalities- Urban Local Self Governments

(0)(26B) Article 26B. Definitions

In this Part, unless the context otherwise requires, -

(a) "Committee" means a Committee of the Municipality;

(b) "district" means a district in a State;

(c) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;

(d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor;

(e) "Municipality" means an institution of self-government constituted under Article 243Q;

(f) "Panchayat" means a Panchayat constituted under Article 243B;

(g) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

(0)(26C) Article 26C. Constitution of Municipalities

(1) There shall be constituted in every State,

(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;

(b) a Municipal Council for a smaller urban area; and

(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:

Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit by public notification, specify to be an industrial township.

(2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area" means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.

(0)(26D) Article 26D. Composition of Municipalities

(1) Save as provided in Clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.

(2) The Legislature of a State may, by law, provide - (a) for the representation in a Municipality of -(i) persons having special knowledge or experience in Municipal administration;

(ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal are-a;

(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;

(iv) the Chairpersons of the Committees constituted under Clause (5) of Article 243S: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meeting of the Municipality; (b) the manner of election of the Chairperson of a Municipality.

(0)(26E) Article 26E. Constitution and composition of Wards Committees

(1) There shall be constituted Wards Committees, consisting of one or more Wards, within the territorial area of a Municipality having a population of 300,000 (three lakhs) or more.

(2) The Legislature of a State may, by law, make provision with respect to -

(a) the composition and the territorial area of a Wards Committee;

(b) the manner in which the seats in a Wards Committee shall be filled.

(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.

(4) Where a Wards Committee consists of - (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee.

(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the Constitution of Committees in addition to the Wards Committees.

(0)(26F) Article 26F. Duration of Municipalities, etc.

(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:

Provided that a Municipality shall be given a reasonable Opportunity of being heard before its dissolution.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in Clause (1).

(3) An election to constitute a Municipality shall be completed, -(a) before the expiry of its duration specified in Clause (1);

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.

(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under Clause (1) had it not been so dissolved.

(0)(26G) Article 26G. Disqualifications for membership

(1) A person shall be disqualified for being chosen as and for being, a member of a Municipality -

(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State.

(2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in Clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.

(0)(26H) Article 26H. Powers, authority and responsibilities of Municipalities

Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow -

(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibility upon Municipalities, subject to such conditions as may be specified therein, with respect to -

(i) the preparation of plans for economic development and social justice;

(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;

(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

(0)(26J) Article 26J. Power to impose taxes by, and Funds of, the Municipalities

The Legislature of a State may, by law, -

(a) authorize a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;

(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;

(c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and

(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys there from, as may be specified in law.

(0)(26K) Article 26K. Finance Commission

(1) The Finance Commission constituted under Article 243I shall also review the financial position of the Municipalities and make recommendation to the Governor as to - (a) the principles which should govern - (i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;

(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the Municipalities;

(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities.

(2) The Governor shall cause every recommendation made by Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.

(0)(26L) Article 26L. Audit of accounts of Municipalities

The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.

(0)(26M) Article 26M. Elections to the Municipalities

(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission.

(2) Subject to the provisions of the Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.

(0)(26N) Article 26N. Application to Union territories

The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.

(0)(26P) Article 26P: Committee for District Planning

(0)(26P) Article 26P. District Planning Commitee

 (1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.

(2) The Legislature of a State may, by law, make provision with respect to -(a) the composition of the District Planning Committees; (b) the manner in which the seats in such Committees shall be filled:

Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;

(c) the functions relating to district planning which may be assigned to such Committees;

(d) the manner in which the Chairpersons of such Committees shall be chosen.

(3) Every District Planning Committee shall, in preparing the draft development plan, -(a) have regard to-

(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(ii) the extent and type of available resources whether financial or otherwise;

(b) consult such institutions and Organizations as the Governor may, by order, specify.

(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

(0)(26Q) Article 26Q. Committee for Metropolitan planning

(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.

(2) The Legislature of a State may, by law, make provision with respect to -

(a) the composition of the Metropolitan Planning Committees;

(b) the manner in which the seats in such Committees shall be filled:

Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;

(c) the representation in such Committees of the Government of India and the Government of the State and of such Organizations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;

(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;

(e) the manner in which the Chairpersons of such Committees shall be chosen.

(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan, - (a) have regard to -

(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;

(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(iii) the overall objectives and priorities set by the Government of India and Government of the State;

(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;

(b) consult such institutions and Organizations as the Governor may, by order, specify.

(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

(0)(26R) Article 26R. Continuance of existing laws and Municipalities

Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:

Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.

(0)(26S) Article 26S. Bar to interference by Courts in electoral matters

Notwithstanding anything in this Constitution, - no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 63. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft of a New Constitution of India- Kalki Gaur

  (00)(27) Scheduled and Tribal Areas

(00)(27) Article 27 The Scheduled and Tribal Areas

(0)(27B) Article 27B. Administration of Scheduled Areas and Tribal Areas

(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State.

(0)(27C) Article 27C. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefore

(1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified - (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or (b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.

(2) Any such law as is referred to in clause (1) may, in particular, - (a) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;

(b) define the matters with respect to which the executive power of the autonomous State shall extend;

(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;

(d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and

(e) make such supplemental, incidental and consequential provisions as may be deemed necessary.

(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting.

(28) Federal Relations Between the Union and the States

(00) Federal Relations Between the Union and the States

(00)(28) Article 28 Legislative Relations between Union and the States

(0)(28B) Article 28B. Extent of laws made by Parliament and by the Legislatures of States

(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

(2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.

(0)(28C) Article 28C Subject-matter of laws made by Parliament and by the Legislatures of States

(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List").

(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List").

(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List").

(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List.

(0)(28D) Article 28D. Power of Parliament to provide for the establishment of certain additional courts

Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional courts for the better administration of laws made by Parliament or of any existing law with respect to a matter enumerated in the Union List.

(0)(28E) Article 28E. Residuary powers of legislation

(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.

(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.

(0(28F) Article 28F. Power of Parliament to legislate with respect to a matter in the State List in the National interest

(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force.

(2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:

Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.

(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetence, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

(0)(28G) Article 28G. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.

(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetence, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

(0)(28H) Article 28H. Inconsistency between laws made by Parliament under articles --- and --- and laws made by the legislatures of States

Nothing in articles ---- and --- shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.

(0)(28I) Article 28I. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State

(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles --- and --- should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are two Houses, by each of the Houses of the Legislature of that State.

(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which is applies, be amended or repealed by an Act of the Legislature of that State.

(0)(28J) Article 28J. Legislation for giving effect to international agreements

Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

(0)(28K) Article 28K. Inconsistency between laws made by Parliament and laws made by the Legislatures of States

(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.

(2) Where a law made by the legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State:

Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.

(0)(28L) Article 28L. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only

No Act of Parliament or of the Legislature of a State, and no provision in any such Act, shall be invalid by reason only that some recommendation or previous sanction required by this Constitution was not given, if assent to that Act was given -

(a) where the recommendation required was that of the Governor, either by the Governor or by the President;

(b) where the recommendation required was that of the Rajpramukh, either by the Rajpramukh or by the President;

(c) where the recommendation or previous sanction required was that of the President, by the President.

(29) Administrative Relations between Union and the States

(00)(29) Article 29 Administrative Relations between Union and the States

(0)(29B) Article 29B. Obligation of States and the Union

The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may, appear to the Government of India to be necessary for that purpose.

(0)(29C) Article 29C. Control of the Union over States in certain cases

(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance:

Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.

(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.

(4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State.

(0)(29D) Article 29D. Assistance to States by deployment of armed forces or other forces of the Union

(0)(29E) Article 29E. Power of the Union to confer powers, etc., on States in certain cases

(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends.

(2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorize the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.

(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.

(0)(29F) Article 29F. Power of the States to entrust functions to the Union

Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the exclusive power of the State extends.

(0)(29G) Article 29G. Jurisdiction of the Union in relation to territories outside India

The Government of India may be agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.

(0)(29H) Article 29H. Public acts, records and judicial proceedings

(1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.

(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.

(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.

(0)(29I) Article 29I. Adjudication of disputes relating to waters of inter-State rivers or river valleys

(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).

(0)(29J) Article 29J. Provisions with respect to an inter-State Council

If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of -

(a) inquiring into and advising upon disputes which may have arisen between States;

(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or

(c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its Organization and procedure.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 66. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(30) Finance, Finance Commission, Property, Contracts and Suits

(00)(30) Article 30 Finance, Property, Contracts and Suits

(0)(30A) Article 30A. Taxes not to be imposed save by authority of law

No tax shall be levied or collected except by authority of law.

(0)(30B) Article 30B. Consolidated Funds and public accounts of India and of the States

(1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of India", and all revenues received by the Government of a State, all loans raised by that Government by the issue of treasury bills, loans or ways and means advances and all moneys received by that Government in repayment of loans shall form one consolidated fund to be entitled "the Consolidated Fund of the State".

(2) All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be.

(3) No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with a law and for the purposes and in the manner provided in this Constitution.

(0)(30C) Article 30C. Contingency Fund

(1) Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of India" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorization of such expenditure by Parliament by law.

(2) The Legislature of a State may by law establish a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor of the State to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorization of such expenditure by the Legislature of the State by law.

(0)(30D) Article 30D. Duties levied by the Union but collected and appropriated by the States

(1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected -

(a) in the case where such duties are leviable within any Union territory, by the Government of India, and

(b) in other cases, by the States within which such duties are respectively leviable.

(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State.

(0)(30E) Article 30E. Taxes levied and collected by the Union but assigned to the States

(1) The following duties and taxes shall be levied and collected by the Government of India but shall be assigned to the States in the manner provided in clause (2), namely: -

(a) duties in respect of succession to property other than agricultural land;

(b) estate duty in respect of property other than agricultural land;

(c) terminal taxes on goods or passengers carried by railway, sea or air;

(d) taxes on railway fares and freights;

(e) taxes other than stamp duties on transactions in stock-exchanges and futures markets;

(f) taxes on the sale or purchase of newspapers and on advertisements published therein;

(g) taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce;

(h) taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-State trade or commerce.

(2) The net proceeds in any financial year of any such duty or tax, except in so far as those proceeds represent proceeds attributable to Union territories, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that duty or tax is leviable in that year, and shall be distributed among those States in accordance with such principles of distribution as may be formulated by Parliament by law.

(3) Parliament may by law formulate principles for determining when a sale or purchase of, or consignment of, goods takes place in the course of inter-State trade or commerce.

(0)(30F) Article 30F. Taxes levied and collected by the Union and distributed between the Union and the States

(1) Taxes on income other than agricultural income shall be levied and collected by the Government of India and distributed between the Union and the States in the manner provided in clause (2).

(2) Such percentage, as may be prescribed, of the net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Union territories or to taxes payable in respect of Union emoluments, shall not form part of the Consolidated Fund of India, but shall be assigned to the States within which that tax is leviable in that year, and shall be distributed among those States in such manner and from such time as may be prescribed.

(3) For the purposes of clause (2), in each financial year such percentage as may be prescribed of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of Union emoluments shall be deemed to represent proceeds attributable to Union territories.

(4) In this article -(a) "taxes on income" does not include a corporation tax:

(b) "prescribed" means -(i) until a Finance Commission has been constituted, prescribed by the President by order, and (ii) after a Finance Commission has been constituted, prescribed by the President by order after considering the recommendations of the Finance Commission;

(c) "Union emoluments" includes all emoluments and pensions payable out of the Consolidated Fund of India in respect of which income-tax is chargeable.

(0)(30G) Article 30G. Surcharge on certain duties and taxes for purposes of the Union

The Parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part of the Consolidated Fund of India.

(0)(30H) Article 30H. Taxes Levied Collection & Distribution

Taxes which are levied and collected by the Union and may be distributed between the Union and the States. Union duties of excise other than such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied and collected by the Government of India, but, if Parliament by law so provides, there shall be paid out of the Consolidated Fund of India to the States to which the law imposing the duty extends sums equivalent to the whole or any part of the net proceeds of that duty, and those sums shall be distributed among those States in accordance with such principles of distribution as may be formulated by such law.

(0)(30-I) Article 30-I. Prior recommendation of President require to Bills affecting taxation in which States are interested

(1) No Bill or amendment which imposes or varies any tax or duty in which States are interested, or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to States, or which imposes any such surcharge for the purposes of the Union as is mentioned in the foregoing provisions of this Chapter, shall be introduced or moved in either House of Parliament except on the recommendation of the President.

(2) In this article, the expression "tax or duty in which States are interested" means - (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any State; or (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the Consolidated Fund of India to any State.

(0)(30-J) Article 31J. Grants from the Union to certain States

(1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of such States as Parliament may determined to be in need of assistance, and different sums may be fixed for different States: Provided that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of a State such capital and recurring sums as may be necessary to enable that State to meet the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State:

Provided further that there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the State of Assam sums, capital and recurring, equivalent to - (a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this Constitution in respect of the administration of the tribal areas specified in the Sixth Schedule; and

(b) the costs of such schemes of development as may be undertaken by that State with the approval of the Government of India for the purpose of raising the level of administration of the said areas to that of the administration of the rest of the areas of that State.

(2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament: Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission.

(0)(30K) Article 30K. Taxes on professions, trades, callings and employments

(1) No law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.

(2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed two thousand and five hundred rupees per annum.

(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions, trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.

(0)(30L) Article 30L. Savings

Any taxes, duties, cesses or fees which, immediately before the commencement of this Constitution, were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or other local area may, notwithstanding that those taxes, duties, cesses or fees are mentioned in the Union List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by Parliament by law.

(0)(30M) Article 30M. Calculation of "net proceeds", etc.

(1) In the foregoing provisions of this Chapter, "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final.

(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the time from or at which and the manner in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.

(32) Finance Commission

(0)(32) Article 32. Finance Commission

(1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.

(2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.

(3) It shall be the duty of the Commission to make recommendations to the President as to - (a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds.

(4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.

(0)(32B) Article 32B. Recommendations of the Finance Commission

The President shall cause every recommendation made by the Finance Commission under the provisions of this Constitution together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.

(0)(32C) Article 32C. Expenditure defrayable by the Union or a State out of its revenues

The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.

(0)(32D) Article 32D. Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the public accounts

(1) The custody of the Consolidated Fund of India and the Contingency Fund of India, the payment of moneys into such Funds, the withdrawal of moneys there from, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of India, their payment into the public account of India and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by Parliament, and, until provision in that behalf is so made, shall be regulated by rules made by the President.

(2) The custody of the Consolidated Fund of a State and the Contingency Fund of a State, the payment of moneys into such Funds, the withdrawal of moneys there from, the custody of public moneys other than those credited to such Funds received by or on behalf of the Government of the State, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature of the State, and, until provision in that behalf is so made, shall be regulated by rules made by the Governor of the State.

(0)(32E) Article 32E. Custody of suitors' deposits and other moneys received by public servants and courts

All moneys received by or deposited with - (a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or

(b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of State, as the case may be.

(0)(32F) Article 32F. Exemption of property of the Union from State taxation

(1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a State or by any authority within a State.

(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority within a State from levying any tax on any property of the Union to which such property was immediately before the commencement of this Constitution liable or treated as liable, so long as that tax continues to be levied in that State.

(0)(32G) Article 32G. Restriction as to imposition of tax on the sale or purchase of goods

(1) No Law of a State shall impose, or authorize the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place -(a) outside the State; or (b) in the course of the import of the goods into, or export of the goods out of, the territory of India.

(2) Parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1).

(3) Any law of a State shall, in so far as it imposes, or authorizes the imposition of, -

(a) a tax on the sale or purchase of goods declared by Parliament by law to be of special importance in inter-State trade or commerce.

(0)(32H) Article 32H. Exemption from taxes on electricity

Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorize the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is -

(a) consumed by the Government of India, or sold to the Government of India for consumption by that Government; or

(b) consumed in the construction, maintenance or operation of any railway by the Government of India or a railway company operating that railway, or sold to that Government or any such railway company for consumption in the construction, maintenance or operation of any railway, and any such law imposing, or authorizing the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold to the Government of India for consumption by that Government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.

(0)(32I) Article 32I. Exemption from taxation by States in respect of water or electricity in certain cases

(1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorize the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley.

Explanation: The expression "law of a State in force" in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.

(2) The Legislature of a State may by law impose, or authorize the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.

(0)(32K) Article 32J. Exemption of property and income of a State from Union taxation

(1) The property and income of a State shall be exempt from Union taxation.

(2) Nothing in clause (1) shall prevent the Union from imposing, or authorizing the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith.

(3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government.

(0)(32L) Article 32L. Adjustment in respect of certain expenses and pensions

Where under the provisions of this Constitution the expenses of any Court or Commission, or the pension payable to or in respect of a person who has served before the commencement of this Constitution under the Crown in India or after such commencement in connection with the affairs of the Union or of a State, are charged on the Consolidated Fund of India or the Consolidated Fund of a State, then, if - (a) in the case of a charge on the Consolidated Fund of India, the court or Commission serves any of the separate needs of a State, or the person has served wholly or in part in connection with the affairs of a State; or

(b) in the case of a charge on the Consolidated Fund of a State, the court or Commission serves any of the separate needs of the Union or another State, or the person has served wholly or in part in connection with the affairs of the Union or another State, there shall be charged on and paid out of the Consolidated Fund of the State or, as the case may be, the Consolidated Fund of India or the Consolidated Fund of the other State, such contribution in respect of the expenses or pension as may be agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.

(0)(32M) Article 32M. Privy purse sums of Rulers

(33) Property, Contacts, Rights, Liabilities, Obligations and Suits

(0)(33) Article 33. Property, Contacts, Rights, Liabilities, Obligations and Suits

(0)(33A) Article 33A. Succession to property, assets, rights, liabilities and obligations in certain cases

As from the commencement of this Constitution - (a) all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor's Province shall vest respectively in the Union and the corresponding State, and

(b) all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor's Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.

(0)(33B) Article 33B. Succession to property, assets, rights, liabilities and obligations in other cases

(1) As from the commencement of this Constitution - (a) all property and assets which immediately before such commencement were vested in any Indian State corresponding to a State specified in Part B of the First Schedule shall vest in the Union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the Union relating to any of the matters enumerated in the Union List, and

(b) all rights, liabilities and obligations of the Government of any Indian State corresponding to a State specified in Part B of the First Schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Government of India, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the Government of India relating to any of the matters enumerated in the Union List, subject to any agreement entered into in that behalf by the Government of India with the Government of that State.

(2) Subject as aforesaid, the Government of each State specified in Part B of the First Schedule shall, as from the commencement of this Constitution, be the successor of the Government of the corresponding Indian State as regards all property and assets and all rights, liabilities and obligations, whether arising out of any contract or otherwise, other than those referred to in clause (1).

(0)(33C) Article 33C. Property accruing by escheat or lapse or as Bona vacantia

Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona Vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union:

Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State.

Explanation: In this article, the expressions "Rulers" and "Indian State" have the same meanings as in article 363.

(0)(33D) Article 33D. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union

(1) All lands, minerals and other things of value underlying the ocean within the territorial waters, or the continental shelf, or the exclusive economic zone, of India shall vest in the Union and be held for the purposes of the Union.

(2) All other resources of the exclusive economic zone of India shall also vest in the Union and be held for the purposes of the Union.

(3) The limits of the territorial waters, the continental shelf, the exclusive economic zone, and other maritime zones, of India shall be such as may be specified, from time to time, by or under any law made by Parliament.

(34) Borrowing by Union Government

(00)(34) Article 34 Borrowing by Government

(0)(34B) Article 34B. Borrowing by the Government of India

The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.

(0)(34C) Article 34C. Borrowing by States

(1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed.

(2) The Government of India may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any State or, so long as any limits fixed under law are not exceeded, give guarantees in respect of loans raised by any State, and any sums required for the purpose of making such loans shall be charged on the Consolidated Fund of India.

(3) A State may not without the consent of the Government of India raise any loan if there is still outstanding any part of a loan which has been made to the State by the Government of India or by its predecessor Government, or in respect of which a guarantee has been given by the Government of India or by its predecessor Government.

(4) A consent under clause (3) may be granted subject to such conditions, if any, as the Government of India may think fit to impose.

(0)(34D) Article 34D. Power to carry on trade, etc.

The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose: Provided that -

(a) the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and

(b) the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.

(0)(34E) Article 34E. Contracts

(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorize.

(2) Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.

(0)(34F) Article 34F. Suits and proceedings

(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.

(2) If at the commencement of this Constitution -

(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and

(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 72. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(35) Services Under the Union and the States

(00)(35) Article 35 Government Services and Bureaucracy (IFS, IAS, IPS etc)

(0)(35B) Article 35C. Recruitment and conditions of service of persons serving the Union or a State

All civil servants, members of bureaucracy, persons appointed to public services and posts in connection with the affairs of the Union or a State, serve at the pleasure of the President with the aid and advice of the Prime Minister.

(1) It shall be competent for the President or such person as he may direct, to regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State.

(2) It shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts.

(3) It shall be competent for the President or such person as he may direct to make special provisions for a fair, transparent, democratic and merit-only system of recruitment for All-India Services, State services, Public Sector services and National services.

(4) It shall be competent for the President or such person as he may direct to adopt specific provisions using modern management techniques to recruit and train bright persons for employment in government services and bureaucracy to ensure that country is able to harness best talents available in the country to manage the modern capitalist technological economy.

(5) It shall be competent for the President or such person as he may direct to make specific provisions to ensure that the Defense Services, All-India Services and State Services do not become a power unto itself and monopolize top positions in the government, bureaucracy, public sector and national sector in a democratic capitalist economy.

 

(0)(35C) Article 35C. Tenure of office of persons serving the Union or a State

(1) Except as expressly provided by this Constitution, every person who is a member of a defense service or of a civil service of the Union or of an all-India service or holds any post connected with defense or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor of the State, any contract under which a person, not being a member of a defense service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.

(3) Nothing in the provisions for tenure of office of persons serving the Union or a State shall prevent the President or the State to institute modern evaluation procedures to periodically evaluate the academic, managerial and administrative competence of the bureaucrats in the nationwide pool of public employees to recommend the promotion or demotion of public officials before they are promoted to the next level.

(4) It shall be competent for the President or such person as he may direct to make democratic, fair and transparent provisions regarding the tenure of office of persons serving the Union or the State, which is fair to the incumbents as well to new job seekers, so that more new job positions are periodically created in the top positions, to periodically inject fresh talents and managerial skills in the top echelons of the services and bureaucracy.

(5) It shall be competent for the President or such person as he may direct to make specific provisions to continuously attract new talents and new job skills to the top echelons of services and bureaucracy, by periodically replacing senior officials trained in old economy to lesser sensitive jobs.

(6) It shall be competent for the President or such person as he may direct to make special provisions to develop fair, transparent and democratic system for promotions that gives greater weight on skills, qualifications and job performance more than the tenure in the services.

(7) It shall be competent for the President or such person as he may direct to make special provisions to ensure that bureaucracy and All-India Services may not become Mandarins and promote the vested interests of the IFS, IAS and IPS to the detriment of the needs of a modern democratic capitalist economy and society.

(8) It shall be competent for the President or such person as he may direct to establish Anti-Corruption Commission or special tribunals to investigate, prosecute and sentence corrupt government officials and officers of All-India services.

(9) It shall be competent for the President or such person as he may direct to establish Evaluation of Government Policies Commission, to discover the acts of fundamental error in economic and social policies that were implemented in post-independence era to identify the perpetrators of ideological and policy mistakes, to discover if any of the wrong economic policies were the result of foreign influence and foreign design as a part of wider conspiracy.

(0)(35D) Article 35D. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:

Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply – (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction of a criminal charge; or (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.

(4) Nothing in the provisions for tenure of office of persons serving the Union or a State shall prevent the Union Anti-Corruption Commission to dismiss, demote or censure any officer of the IFS, IAS and Subordinate services and State Services.

(5) Nothing in the provisions for tenure of office of persons serving the Union or a State shall prevent the President or State to separate the recruitment functions of the Union Public Services Commission and State Public Services Commission from the promotion and dismissal functions, by making specific provisions o establish a separate Commission or a separate independent body of the Commission that shall be responsible for the continued evaluation, job promotions and matters related to the dismissal, removal or reduction in the ranks of persons employed in Union and State civil services including IFA, IAS, IPS, Allied Services, State Administrative Services, State Police Services and State Allied Services.

(6) It shall be competent for the President or such person as he may direct to make fair and transparent rules for the dismissal, removal or reduction in rank of persons employed in civil capacities in-charge of economic and business entities under the Union or State, to ensure that the best managerial and administrative talents are properly harnessed to productively lead and direct of the economic resources of the nation to promote fastest economic growth in the democratic capitalist populist economy. It shall be competent for the President or such person as he may direct to establish provisions that the considerations of fast national economic growth and development shall prevail over the personal considerations of salaried government employees including those in the All-India services.

All-India Services (IFS, IAS, IPS)

(0)(35E) Article 35E. All-India Services (IFS, IAS, IPS)

(1) If the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all-India services, including Indian Foreign Service, Indian Administrative Service, Indian Police Service, India Judicial Service common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.

(2) Nothing in the constitutional provisions for All-India Services shall prohibit the President or the State to end the monopoly over top positions, Joint Secretary, Additional Secretary and Secretary at the Union or a State to ensure that the top diplomatic and administrative positions are open to competent officials that do not belong to All-India Services such as IFS, IAS, IPS etc.

(3) Nothing in the provisions for tenure of office of persons serving the Union or a State in IFS, IAS, IPS and State Administrative Services cadres shall prevent the President or the State to appoint, without any limit to numbers of appointments, to senior-most positions in Union services to competent professionals outside the All-India Services cadre, by means of a fair and impartial, transparent and nepotism free selection process.

(4) All-India Services shall not have any monopoly over appointments to top most positions in government bureaucracy.

(5) All promotions, transfers and appointments in All-India Services shall be strictly on the basis of merit, job expertise, managerial competence and past job performance, without any consideration for caste-based reservation of jobs.

(6) Nothing in the provisions for tenure of office of persons serving the Union or a State in IFS, IAS, and IPS cadres shall prevent the President or the State to end the system of automatic promotions based on tenure in All-India Services.

(7) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from reorganizing the services cadres, Indian Foreign Service, Indian Administrative Service, Allied Services, Indian Police Services, State Administrative Services and State Police Services, including the transfer of personnel from one cadre to another.

(8) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State or the President from abolishing any particular services cadre, including Indian Foreign Service or Indian Administrative Service.

(9) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from modifying the promotion procedures, including automatic promotions based on tenure.

(10) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from ending the separate State Cadres for IAS and State Administrative Services and to replace it by National Services Cadre both for services under the Union and the States.

(11) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from reforming the recruitment process, selection process, and promotion process presently conducted by Union Public Service Commission and State Service Commissions.

(12) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from inducting qualified persons from academics and business to hold top positions in the Union and State Government services.

(13) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from providing suitable promotion opportunities to all such qualified candidates from public sector, academics, and business if they are found to be better qualified and more suited for the job than the incumbent bureaucrats from IFS or IAS cadre.

(14) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from ending the present system that allows the IFS and IAS cadre to monopolize the top bureaucratic positions in the Union, State and Public Sector services.

(15) Nothing in the provisions of this Constitution for services under Union and States shall prevent the State and the President from abolishing the system of reservation of jobs for Scheduled Castes and Scheduled Tribes in the Union and State services and public sector.

(16) Nothing in the provisions for tenure of office of persons serving the Union or a State in IFS, IAS, IPS and State Administrative Services cadres shall prevent the President or the State to discontinue with the present practice that allows the IFS, IAS and IPS cadres to overwhelmingly monopolize the top bureaucratic positions in Union or a State governments that deprives the government from better talent available in subordinate services and the academic or business sectors.

(17) Nothing in the provisions for tenure of office of persons serving the Union or a State in IFS, IAS, IPS and State Administrative Services cadres shall prevent the President or the State to make special provisions to ensure that topmost positions in bureaucracy, of the ranks Union joint secretary and above are open to all qualified persons in public bureaucracy, public sector, state sector, academics and business.

(0)(35F) Article 35F. Power of Parliament to vary or revoke conditions of service of officers of certain services

(1) Parliament may by law vary or revoke, whether prospectively or retrospectively, the conditions of service as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the UPSC or Public Service Commissions, or government of India to serve under the Government of India or of a State in any service or post.

(2) Nothing in this article shall affect the power of any legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in the clause above.

(3) It shall be competent for the President or such person as he may direct to periodically review the conditions of services of government officers including those in the All-India services, IFS, IAS and IPS to periodically retrain and reeducate government officers to provide bureaucracy with best tools in management and technology to better equip it to lead India develop into an advanced prosperous, democratic, capitalist populist economic super power.

(4) It shall be competent for the President or such person as he may direct to develop specific fair and transparent provisions to ensure that the national interests of fast economic growth and prosperity shall prevail over the conflicting vested interests of the bureaucracy.

(5) It shall be competent for the President or such person as he may direct to make specific provisions to ensure that political interference, nepotism, favoritism and influence peddling do not influence the decisions regarding the promotion, dismissal, transfers and revocation of conditions of services.

(0)(35G) Article 35G. Transitional provisions

Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Populist Constitution.

(0)(35H) Article 35H. Provision for protection of existing officers of certain services

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 75. Web Blog http://360.yahoo.com/HindustanEmpire/  Copyrights All Rights Reserved

 

 

 

  (00)(36) Commissions

Public Service Commissions

(00)(36) Article 36 Public Service Commissions

(0)(36B) Article 36B. Public Service Commissions for the Union and for the States

(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.

(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.

(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.

(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.

(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.

(6) It shall be competent for the President or such person as he may direct to separate the selection and recruitment functions of the Union Public Service Commissions from the job-training, promotion, dismissal functions, under two separate independent divisions of the UPSC. The separation of the selection cum recruitment functions of the Union Public Service Commission, from those of  training, evaluation, promotion, demotion and dismissal functions shall be done to make services and bureaucracy more responsive and more agile to meet the requirements of a modern capitalist industrial cum information age economy.

(7) It shall be competent for the President or such person as he may direct to develop regulatory checks to ensure that the pre-independence pro-colonial anti-Indian bias of Indian Civil Service does not continue to misdirect India’s economic, social and foreign policies through hidden centers of power in Indian bureaucracy and Polity, to promote the interests of foreign powers and colonial powers. It shall be competent for the President or such person as he may direct to make provisions for the dismantling of any such hidden centers of power and centers of decision making in civil services.

(8) It shall be competent for the President or such person as he may direct to create a new independent division of the Union Public Service Commission to continuously evaluate the job performance of the civil servants in IFS, IAS, IPS and Allied Services to recommend the promotion or demotion or dismissal of the senior civil servants through a fair, impartial and transparent evaluation process, to ensure that best officers are promoted to the crucial positions to expedite economic growth and prosperity.

(0)(36C) Article 36C. Appointment and term of office of members of Public Service Commission

(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Union Government or under the Government of a State shall be included.

(2) If the office of the Chairman of the Commission becomes vacant or if any such Chairman if by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.

(3) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier.

(4) A member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;

(5) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

(0)(36D) Article 36D. Removal and suspension of a member of a Public Service Commission

(1) The Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehavior after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything in above clauses, the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be, - (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior.

(0)(36E) Article 36E. Power to make regulations as to conditions of service of members and staff of the Commission

In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations - (a) determine the number of members of the Commission and their conditions of service; and (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.

(0)(36F) Article 36F. Prohibition as to the holding of offices by members of Commission on ceasing to be such members

On ceasing to hold office - (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;

(b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;

(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;

(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

(0)(36G) Article 36G. Functions of Public Service Commissions

(1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointment to the services of the Union and the services of the State respectively.

(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted -

(a) on all matters relating to methods of recruitment to civil services and for civil posts;

(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;

(c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;

(d) on any claim by or in respect of a person who is serving or has served

under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;

(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor of the State, may refer to them: Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.

(5) All regulations made under the proviso the clause (3) by the President or the Governor of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid.

(6) It shall be the duty of the Union Public Service Commissions to develop innovative selection process to eliminate the hidden colonial influence of the British-era Indian Civil Services that trained bureaucrats to promote the interests of the colonial powers and colonial interests at the detriment of economic, social and political national interests of India.

(7) It shall be the duty of the Union Public Service Commissions to rationally sub-divide itself into two separate and independent divisions, where one division shall exclusively focus on the selection and recruitment process of the services and other division shall exclusively focus on job-training, promotion, retirement, dismissal and demotion of the persons serving in the services and bureaucracy.

(0)(36H) Article 36H. Power to extend functions of Public Service Commissions

An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

 

(0)(36I) Article 36I. Expenses of Public Service Commissions

The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India, as the case may be, the Consolidated Fund of the State.

(0)(36J) Article 36J. Reports of Public Service Commissions

(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.

(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 78. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

 (00)(37) Administrative Tribunals

(0)(37) Article 37 Administrative Tribunals

(37B) Administrative Services Tribunals

(0)(37B) Article 37B. Administrative Services Tribunals

(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.

(2) A law made to establish Administrative Services Tribunal may - (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;

(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court, with respect to the disputes or complaints referred to in Administrative Services Tribunal Act;

(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

(f) repeal or amend any order made by the President;

(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

(4) It shall be competent for the President or such person as he may direct to make special provisions for Administrative Tribunals to adjudicate on matters of conflicting jurisdictions of various services to ensure that opportunities for promotion to senior and top positions in government services and public sector are available to the competent and talented offices employed in any department of government services, public section and national sector.

(5) It shall be competent for the President or such person as he may direct to develop procedures adopted by the Administrative Tribunals to ensure low-cost speedy adjudication and trials for the fast resolution of disputes and complaints, preferably within a month of the filing of the complaint or dispute with the Administrative Tribunal and no more than 2 appearances before the Tribunal by Defendant of Complainant.

(6) It shall be competent for the President or such person as he may direct to establish procedures for Administrative Tribunals for Civil Services to independently undertake initial investigation, prosecution and sentencing of allegations or complaints of financial corruption and for having assets beyond known sources of income.

(7) It shall be competent for the President or such person as he may direct to hold any act of corruption in bureaucracy as cognizable criminal offense that allow the Administrative Tribunals to investigate on its own any and every act of financial corruption by civil servants including officials in All-India Services, State Administrative Services and Armed Forces such as own, control or hold property and assets beyond their known sources of income.

(8) It shall be competent for the President or such person as he may direct to make provisions for deterrent punishment for such acts of financial corruption by members of Administrative Services Tribunal for misuse of their powers.

(9) It shall be competent for the President or such person as he may direct to make provisions for exclusion the jurisdiction of all courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the Administrative Services Tribunals and Special Tribunals.

(37C) Specialized State Tribunals for Other Matters

(0)(37C) Article 37C. Specialized State Tribunals for Other Matters

(1) The Parliament or the appropriate State Legislature may, by law, provide for the adjudication or trial by special State Administrative tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified below with respect to which such Parliament or State Legislature has power to make laws.

(2) The matters referred to special State Administrative Tribunals may focus on the following, namely: - (a) levy, assessment, collection and enforcement of any tax;

(b) foreign exchange, import and export across customs frontiers;

(c) industrial and labor disputes;

(d) land reforms by way of acquisition by the State of any estate as defined under fundamental right to property or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;

(e) ceiling on urban property;

(f) elections to either House of Parliament or the House or either House of the Legislature of a State;

(g) production, procurement, supply and distribution of food-stuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;

(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;

(i) offences against laws with respect to any of the matters specified in above sub-clauses and fees in respect of any of those matters and any matter incidental to any of the matters specified above in sub-clauses.

(3) A law made under State Administrative Tribunals may - (a) provide for the establishment of a hierarchy of tribunals;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;

(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said State Administrative Tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the said tribunals;

(e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

(f) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

(4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

(5) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of Special Administrative Tribunals for any acts of financial corruption.

(6) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for Specialized Tribunals, which shall directly report to the Tribunal to provide the Tribunals necessary full-time policed protection and enforcement capabilities nationwide and statewide.

(37D) National Urban Land Ceiling Tribunal

(0)(37D) Article 37D: National Urban Land Ceiling Tribunal

(1) The Parliament or the appropriate State Legislature may, by law, provide for the adjudication or trial by special Urban Land Ceiling Administrative Tribunal for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to Urban Land Ceiling. The President or Parliament may establish National Urban Land Ceiling Tribunal and the Governor or State Legislature may establish State Urban Land Ceiling Tribunal, to prosecute allegations of corruption and misuse of political authority regarding the real estate development on lands that was brought under the Urban Land Ceiling Act.

(2) National Urban Land Ceiling Tribunal as well as State Urban Land Ceiling Tribunals shall be the courts of original jurisdiction for issues related to tax evasion and black money, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing. The Chief of the National Urban Land Ceiling Tribunal shall hold the rank equal to the Judge of High Court of a State.

(3) It shall be competent for the President or such person as they may direct or Parliament to make nationwide uniform implementation of the provisions of Urban Land Ceiling Act to ensure that the urban lands acquired are developed as residential or commercial or industrial property and the incomes of such developments are equitably distributed for the good of the people and for economic development.

(4) It shall be competent for the President or such person as they may direct or State Legislature to make nationwide uniform implementation of the provisions of Urban Land Ceiling Act to ensure that the urban lands in the State whether acquired are developed as residential or commercial or industrial property and the incomes of such developments are equitably distributed for the good of the people and for economic development of the State.

(5) It shall be competent for the President or such person as they may direct or Parliament to make specific provisions and investigate the allegations that on one hand the urban lands under Urban Land Ceiling were confiscated by the metropolitan development boards in New Delhi, Lucknow, Kanpur, Allahabad, Agra, Dehradun and Patna, where original land owners of lands under urban land ceiling Act get very limited compensation. On the other hand there was no confiscation by state-owned agencies the lands under urban land ceiling Act in Bombay, Ahmedabad, Hyderabad and Bangalore and it allowed the original owners of the lands make huge profits by securing permits for the real estate development projects on these lands, which were hitherto under Urban Land Ceiling Act.

(6) It shall be competent for the President or such person as they may direct or Parliament to make special provisions by Proclamation or by legislation to impose special fines on the property owners or owners of the properties developed on these lands which were hitherto under Urban land Ceiling Act as well as recover portion of the incomes or profits made by the erstwhile original owners of the lands under Urban Land Ceiling Acts in cities such as Bombay, Pune, Ahmedabad, Baroda, Surat, Bangalore, Hyderabad, Mysore, Mangalore and Chennai.

(7) Any violation of the Urban Land Ceiling Act, whether with or without permission of the respective metropolitan or municipal authorities may be recognized as cognizable criminal offense, which allows the National or State Urban Land Ceiling Tribunals to initiate on its own, initial fact finding, investigation, prosecution and conviction for offenses under the said Act and to initiate proceedings for recovery of the punitive fines from alleged buyers of these properties built upon as well as original owners of the lands under land ceiling.

(8) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the Urban Land Ceiling Tribunals and to stipulate that there shall be no statue of limitation for offenses under Urban Land Ceiling Act and to stipulate that these Tribunals shall have original jurisdiction on all matters related to violation of the Urban Land Ceiling Act anywhere.

(9) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the Urban Land Ceiling Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for tax recovery operations, which shall directly report to the National Taxation Tribunal.

(10) It shall be competent for the President or such person as he may direct to make provisions for exclusion the jurisdiction of all courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the Urban Land Ceiling Tribunals. The President or the Governor may establish a special police force for urban land ceiling operations, which shall directly report to the National Urban Land Ceiling Tribunal.

(37E) National Taxation Tribunal

(0)(37E) Article 37E. National Taxation Tribunal

(1) The Parliament or the appropriate State Legislature may, by law, provide for the adjudication or trial by National Taxation Tribunal or State Taxation Tribunals respectively for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to taxation including income taxes, sales taxes, custom duty, excise duty, stamp duty, etc. The President or Parliament may establish National Taxation Tribunal and the Governor or State Legislature may establish State Taxation Tribunal, for confiscation of black money, prosecution for tax evasion, black marketeering.

(2) National Taxation Tribunal as well as State Taxation Tribunals shall be the courts of original jurisdiction for issues related to tax evasion and black money, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing. The Chief of the National Taxation Tribunal shall hold the rank equal to the Judge of High Court of a State.

(3) National Taxation Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the tax evaders and organized crime and to confiscate the black money. National Taxation Tribunal shall have legal authority to auction, sell or assign confiscated property of tax evaders, organized crime and black money operators.

(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Taxation Court and to stipulate that there shall be no statue of limitation for offenses of tax evasion, possession of black money and laundering of incomes of organized crime and black money and to stipulate that National Taxation Tribunals shall have original jurisdiction throughout India on all matters related to tax evasion, generation and possession of black money, and criminal money of the organized crime.

(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target special economic dominant ethnic groups and castes such as members of the Marwari community, Bania caste and other economically dominant ethnic groups for initiating proceedings for tax evasions, hoarding of black money and for laundering of incomes of the organized crime and drug syndicates.

(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of Special Administrative Tribunals found guilty for any acts of financial corruption while discharging their duties under National Taxation Tribunal.

(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Taxation Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for tax recovery operations, which shall directly report to the National Taxation Tribunal.

(37F) National Agricultural Lands Tribunal

(0)(37F) Article 37F: National Agricultural Lands Tribunal

(1) The Parliament or the appropriate State Legislature may, by law, provide for the adjudication or trial by National Taxation Tribunal or State Taxation Tribunals respectively for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to: (i) rural arable agricultural land, (ii) transfer of land ownership to working adults from old persons above the age of 55 years, (ii) rural agricultural companies, (iii) rural industries, (iv) rural real estate development, (v) non-arable agricultural land, (vi) equitable transfer of manufactured goods from urban areas to rural areas in exchange for agricultural goods, (vii) prohibition of absentee landlords to transfer agricultural incomes to metropolitan or municipal areas, (viii) resettlement of urban older generation above 55 years in rural areas, (ix) rural agricultural income tax.

(2) National Agricultural Lands Tribunal as well as State Agricultural Lands Tribunals shall be the courts of original jurisdiction for issues related to tax evasion and black money, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing. The Chief of the National Agricultural Lands Tribunal shall hold the rank equal to the Judge of High Court of a State.

(3) National Agricultural Lands Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the tax evaders and organized crime and to confiscate the black money. National Agricultural Lands Tribunal shall have legal authority to auction, sell or assign confiscated property of tax evaders, organized crime and black money operators.

(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Agricultural Lands Tribunal and to stipulate that there shall be no statue of limitation for offenses of misappropriation of rural agricultural lands by urban interests and to stipulate that National Agricultural Lands Tribunals shall have original jurisdiction throughout India on all matters related to rural agricultural land, rural agricultural taxation, etc.

(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target special economic dominant ethnic groups and castes for initiating proceedings for illegal possession or ownership of agricultural lands.

(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of National Agricultural Lands Tribunal found guilty for any acts of financial corruption while discharging their duties under National Agricultural Lands Tribunal.

(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Agricultural Lands Tribunals and police support for the investigation and for execution, implementation and enforcement of Tribunals’ judgment. The President or the Governor may establish a special police force for land reforms operations, which shall directly report to the National Agricultural Lands Tribunal.

(37G) National Anti-Smuggling Tribunal

(0)(37G) Article 37G: National Anti-Smuggling Tribunal

(1) The Parliament may by legislation or the President by proclamation may provide for the adjudication or trial by National Anti-Smuggling Tribunal for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to: (i) smuggling of foreign goods including gold, (ii) black money money-laundering, (iii) incomes of the crime syndicates and drug cartels, (iv) importation of goods by avoidance of custom duties etc. The Governor may be proclamation or a State Legislature by legislation may establish State Anti-Smuggling Tribunal, for confiscation of assets and property of: (i) smugglers of gold or foreign goods, (ii) hawala operators, (iii) organized crime, (iv) corrupt politicians, (v) corrupt bureaucrats, (vi) black marketers and (vii) hoarders of black money.

(2) National Anti-Smuggling Tribunal as well as State Anti-Smuggling Tribunals shall be the courts of original jurisdiction for issues related to smuggling of gold or foreign goods, avoidance of custom or excise duty, black money, hawala transactions, foreign currency violations, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing. The Chief of the National Anti-Smuggling Tribunal shall hold the rank equivalent to the Judge of High Court of a State.

(3) National Anti-Smuggling Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the smugglers, organized crime and hoarders of the black money. National Anti-Smuggling Tribunal shall have legal authority to auction, sell or assign confiscated property of smugglers, crime syndicates, drug cartels, terrorists and black money operators.

(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Anti-Smuggling Tribunals and to stipulate that there shall be no statue of limitation for offenses of smuggling, avoidance of custom duties, possession of black money and laundering of incomes of smugglers, organized crime or black money and to stipulate that National Anti-Smuggling Tribunals shall have original jurisdiction throughout India on all matters related to smuggling, hawala transactions, custom duty evasion, black money, and incomes of the organized crime.

(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target special economic dominant ethnic groups and castes such as dominate in the smuggling of gold and foreign goods or Hawala operations, and money laundering of Black money for initiating proceedings against them.

(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of National Anti-Smuggling Tribunals found guilty for any acts of financial corruption while discharging their duties under the Tribunal.

(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Anti-Smuggling Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for anti-smuggling operations and which shall directly report to the National Anti-Smuggling Tribunal and which shall provide full time police protection nationwide.

(37H) National Anti-Corruption Tribunal

(0)(37H) Article 37H: National Anti-Corruption Tribunal

(1) The Parliament by legislation or the President by Proclamation may provide for the adjudication or trial by National Anti-Corruption Tribunal for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to Corruption, financial corruption and bribery by government officials including public sector employees, officers of the Defense services, Judges of the High Court and subordinate courts, and politicians holding public offices. The Governor by proclamation or State Legislature by legislation may establish State Anti-Corruption Tribunal, for confiscation of black money, prosecution for tax evasion, black marketeering.

(2) National Anti-Corruption Tribunal as well as State Taxation Tribunals shall be the courts of original jurisdiction for issues related to Corruption, including corruption, and it can on its own initiative initiate proceedings for initial investigation, prosecution and sentencing.

(3) National Anti-Corruption Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the corrupt officials, corrupt politicians as well as to confiscate the black money. National Anti-Corruption Tribunal shall have legal authority to auction, sell or assign confiscated property of persons found guilty of the crime of corruption.

(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Anti-Corruption Tribunal and to stipulate that there shall be no statue of limitation for the offense of corruption by government officials, public officials, and businessmen and to stipulate that National Anti-Corruption Tribunals shall have original jurisdiction throughout India on all matters related to corruption including financial corruption by government employees, public servants, public officials and businessmen.

(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target special groups and castes and other economically dominant ethnic groups for initiating proceedings for corruption including financial corruption.

(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of National Anti-Corruption Tribunals found guilty for any acts of financial corruption while discharging their duties under National Anti-Corruption Tribunal.

(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Anti-Corruption Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force for tax recovery operations, which shall directly report to the National Anti-Corruption Tribunal.

(37I)National Policy Evaluation Tribunal

(0)(37-I) Article 37-I. National Policy Evaluation Tribunal

(1) The Parliament by legislation or the President by Proclamation may provide for the adjudication or trial by National Public Policy Evaluation Tribunal for adjudication or trial of any disputes, complaints, or offences with respect to all or any of the matters related to evaluation regarding the formulation of public policies having long-term impact on society and economy, to investigate or adjudicate whether these policies that are later found to be disastrous, were formulated in the first place with malice or band intent under the influence of hidden foreign hand of the foreign power. The primary concern of the National Policy Evaluation Tribunal shall be to judge whether bad economic, political, or diplomatic policies were formed by error of judgment and lack of expertise and incompetence, or were consciously formulated and implemented with malice intent to promote the interests of some extra-constitutional hidden foreign or domestic power.

(2) National Policy Evaluation Tribunal shall be the courts of original jurisdiction for issues related to acts of corruption, incompetence or treason, by public servants and public officers regarding issues related to the formulation of harmful economic and public policies with an intent to harm the national interests of India for promoting the interests of some domestic or foreign power.

(3) National Policy Evaluation Tribunal shall have branch offices throughout India and it shall have legal authority enforce confiscation of the property of the corrupt officials and corrupt politicians found guilty of intentionally formulating and implementing bad policies, with an intent to harm the national interests of India and economic interests of India. National Policy Evaluation Tribunal shall have legal authority to auction, sell or assign confiscated property of persons found guilty of the crime of conscious formulation and implementation of bad policies with an intent to harm the national interests of India.

(4) It shall be competent for the President or Governor or any such person as they may direct to make provisions for exclusion the jurisdiction of all courts including High Courts, except the jurisdiction of the Supreme Court, with respect to all or any of the matters falling within the jurisdiction of the National Policy Evaluation Tribunal and to stipulate that there shall be no statue of limitation for the offense of corruption by government officials and public officials, and to stipulate that National Policy Evaluation Tribunals shall have original jurisdiction throughout India on all matters related to willful formulation of bad economic, political or diplomatic policies with an intent to harm India’s national interests.

(5) It shall be competent for the President or Governor or any such person as they may direct to make provisions to target select group of public servants and public officials for initiating proceedings for willful formulation of bad economic, political and diplomatic policies, with a conscious intent to harm the national interests of India, or to promote the extra-legal interests of some hidden foreign or domestic power.

(6) It shall be competent for the President or Governor or such person as they may direct to make special provisions providing for deterrent punishment for the Members of National Policy Evaluation Tribunal found guilty for any acts of financial corruption while discharging their duties under National Policy Evaluation Tribunal.

(7) It shall be competent for the President or Governor or such person as they may direct to provide for police protection for the officers of the National Policy Evaluation Tribunals and police support for the investigation and for execution, implementation and enforcement of its judgment. The President or the Governor may establish a special police force, which shall directly report to the National Policy Evaluation Tribunal.

(8) It shall be competent for the President or Governor or any such person as they may direct to establish the evaluation procedure to identify and confirm the intent of malice and existence of a wider conspiracy to establish that concerned officials, whether serving or retired, consciously planned to formulate and implement bad public policies to harm the national interests of India, at behest of some hidden hand of domestic or foreign power. It shall be competent for the President or Governor or any such person as they may direct to make provisions for punishment that could be imposed by the Tribunal on such person, public servant and public official as are found guilty by the Tribunal.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 84. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(38) Election Commission of India

(00)(38) Article 38: Election Commission of India

(0)(38B) Article 38B. Election Commission of India

Superintendence, direction and control of elections to be vested in an election commission

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).

(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that the President makes behalf by Parliament.

(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.

(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission.

(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:

Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:

Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

(6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission.

(0)(38C) Article 38C. Single Electoral Roll

No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex

There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

(0)(38D) Article 38D. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

(0)(38E) Article 38E. Power of Parliament to make provision with respect to elections to Legislatures

Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.

(0)(38F) Article 38F. Power of Legislature of a State to make provision with respect to elections to such Legislature

Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.

(0)(38G) Article 38G. Bar to interference by courts in electoral matters

Notwithstanding anything in this Constitution - (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made, shall not be called in question in any court;

(b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.

(0)(38H) Article 38H. Special provision as to elections to Parliament in the case of Prime Minister and Speaker

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 85. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft Constitution of India- Kalki Gaur

  (00)(39) Reservations

(00)(39) Article 39 Reservations Relating to Certain Castes, Tribes, Classes

(0)(39A) Article 39A: Representation of Certain Castes, Classes in Parliament and State Legislatures

(1) Seats shall be reserved in House of People (Lok Sabha) and State Legislative Assemblies for (i) Scheduled Castes, (ii) Scheduled Tribes, (iii) Backward Classes.

(2) Seats shall be reserved in House of People (Lok Sabha) for Anglo-Indian Community.

(3) Seats shall be reserved in House of People (Lok Sabha) for Non Resident Indians.

(4) Seats shall be reserved in House of People (Lok Sabha) for People of Indian Origins.

(5) Seats shall be reserved in House of People (Lok Sabha) for Religious Leaders.

(6) Nothing in the special provisions for reservation of seats in Parliament’s House of People (Lok Sabha) and Legislative assemblies of the states, shall prevent the Parliament to abolish the system of reservations of seats in House of People or State Legislative Assemblies by passing a legislation with a simple majority.

(7) Nothing in the special provisions for reservation of seats in Parliament’s House of People (Lok Sabha) and Legislative assemblies of the states, grants a right to permanent reservations and reservations should not continue beyond 50-years after the start of the system of reservations and the system of reservations of seats for Scheduled Castes, Scheduled Tribes and Backward Classes must end before 26th January 2010.

(0)(39B) Article 39B. Representation of the Anglo-Indian community in the House of the People

The President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People, including one female member.

(0)(39C) Article 39C. Representation of the Anglo-Indian community in the Legislative Assemblies of the States

The Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, nominate two members of that community to the Assembly, including one female member.

(0)(39D) Article 39D. Special provision for Anglo-Indian community in certain services

(1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.

During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent, than the numbers so reserved during the immediately preceding period of two years:

Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.

(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.

(0)(39E) Article 39E. Special provision with respect to educational grants for the benefit of Anglo-Indian community

During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State for he benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948.

During every succeeding period of three years the grants may be less by ten per cent, than those for the immediately preceding period of three years:

Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo-Indian community, shall cease:

Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent of the annual admissions therein are made available to members of communities other than the Anglo-Indian community.

(0)(39F) Article 39F. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

(1) Seats shall be reserved in the House of the People (Lok Sabha) for - (a) the Scheduled Castes; and (b) the Scheduled Tribes; and half of these seats shall be exclusively reserved for the female members of the Scheduled Castes and Scheduled Tribes.

(2) The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the House of the People as the population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory.

(4) Nothing in the Special Provisions Relating to reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (Lok Sabha) of the Parliament, shall prevent Parliament from making any law for the abolition of the system of reservation of seats for Scheduled Castes and Scheduled Tribes in the House of People (Lok Sabha) or for the abolition of reservation of seats in State Legislatures by simple majority.

(0)(39G) Article 39G. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every State; and half of these seats shall be exclusively reserved for the female members of the Scheduled Castes and Scheduled Tribes.

(3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.

(6) Nothing in the Special Provisions Relating to reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assembly of the States, shall prevent Parliament from making any law for the abolition of the system of reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assembly of the States, by a simple majority.

(0)(39H) Article 39H. Reservation of seats and special representation to cease after fifty years

(1) Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to - (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and (b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of fifty years from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.

(2) The Parliament and the State shall make special provision to end the system of reservation of seats in Parliamentary House of People (Lok Sabha) for Scheduled Castes, Scheduled Tribes and Backward Castes after 50 years from the promulgation of Indian Constitution in 1950. The system of reservation of seats in House of People (Lok Sabha) and State Legislative Assemblies and the system of reservation of government jobs and public sector for Scheduled Castes, Scheduled Tribes, and Backward Castes shall end positively 60 years after the promulgation of Indian Constitution, before 26 January 2010.

(0)(39-I) Article 39-I. Claims of Scheduled Castes and Scheduled Tribes to services and posts

(1) The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

(2) Nothing in the provisions of reservation of Scheduled Castes and Scheduled Tribes shall prohibit the President, with the advice of the Prime Minister, to abolish the system of reservation of jobs in the Union services, State services and public sector services, with an Executive order.

(0)(39J) Article 39J. National Commission for Scheduled Castes, Scheduled Tribes

(1) There shall be a Commission for the Scheduled Castes and Scheduled Tribes to be known as the National Commission for the Scheduled Castes and Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and five other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. Half of the members of members of the Commission shall be women.

(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission - (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes and Scheduled Tribes;

(c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and Scheduled Tribes and to evaluate the progress of their development under the Union and any State;

(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes and Scheduled Tribes; and

(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes and Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) requiring the discovery and production of any documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents; and

(f) any other matter which the President may by rule determine.

(9) The Union and every State Government shall consult the Commission on all major police matters affecting Scheduled Castes and Scheduled Tribes.

(10) In this article, references to the Scheduled Castes and Scheduled Tribes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission, by order specify and also to the Anglo-Indian community.

(0)(39K) Article 39K. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

(1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States. The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable.

(2) The executive power of the Union shall extend to the giving of directions to a State as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.

(0)(39L) Article 39L. Appointment of a Commission to investigate the conditions of backward classes

(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labor and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.

(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.

(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.

(0)(39M) Article 39M. Scheduled Castes

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

(0)(39N) Article 39N. Scheduled Tribes

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

(40) Languages

(0)(40) Article 40. Hindi as Official Language

(0)(40B) Article 40B. Hindi as Official language of the Union

(1) The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.

(2) The second official language of the Union and the national language of the Union shall be Sanskrit in Devanagari script.

(3) The national script of all Indian languages shall be modernized devanagri script.

(4) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, up to 26 January 1965, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement, and the President may, during the said period, by order authorize the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.

(5) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of - (a) the English language, or (b) the Devanagari form of numerals, for such purposes as may be specified in the law.

(6) Teaching of Hindi language in Devanagari script shall be compulsory in all schools in India.

(7) Special efforts shall be made to develop national language vocabulary, which shall incorporate words and expressions from all major languages of India, including Sanskrit and Pali.

(8) The widespread use of English as medium of instruction in schools and colleges shall end and the teaching of major international languages, such as Spanish, Russian, Mandarin, Arabic and French promoted to end the dominance of English language in Indian educational system, society and economy.

(9) Special efforts shall be made to develop a national script common to all national languages of India. The Common national script of India shall include features of scripts of Hindi, Tamil, Telugu, Malayalam, Bengali and Thai languages.

(10) Teaching of simplified Sanskrit language in the Devanagari script or in the script of regional languages shall be compulsory in all schools and colleges in India.

(11) Special efforts shall be made in partnership with China, Japan, Korea, Indonesia and Thailand to develop a single common Oriental Script for Asian languages, just as Roman script became the widespread common script for all West European languages.

(0)(40C) Article 40C. Commission and Committee of Parliament on official language

(1) The President shall, at the expiration of five (5) years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.

(2) It shall be the duty of the Commission to make recommendations to the President as to -

(a) the progressive use of the Hindi language for the official purposes of the Union;

(b) restrictions on the use of the English language for all or any of the official purposes of the Union;

(c) the language to be used for all or any of the purposes;

(d) the form of numerals to be used for any one or more specified purposes of the Union;

(e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use.

(3) In making their recommendations, the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services.

(4) There shall be constituted a Committee consisting of thirty (30) members, of whom twenty (20) shall be members of the House of the People and ten (10) shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.

(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon. The President may, after consideration of the report shall issue directions in accordance with the whole or any part of that report.

Chapter II – Regional Languages

(0)(40D) Article 40D Regional Languages

(0)(40E) Article 40E. Official language or languages of a State

The Legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the Language or Languages to be used for all or any of the official purposes of that State.

(0)(40F) Article 40F. Official language for communication between one State and another or between a State and the Union

The language for the time being authorized for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:

Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.

(0)(40G) Article 40G Special provision relating to language spoken by a section of the population of a State

On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognized by that state, direct that such language shall also be officially recognized throughout that State or any part thereof for such purpose as he may specify.

(0)(40H) Article 40H Language of the Supreme Court, High Courts, etc.

(0)(40G) Article 40G. English Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.

(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides - (a) all proceedings in the Supreme Court and in every High Court, (b) the authoritative texts - (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State; (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language.

(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may, with the previous consent of the President, authorize the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.

(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.

(0)(40-I) Article 40-I. Special procedure for enactment of certain laws relating to language

During the period of fifteen years from the commencement of this Constitution, up to 1965, no Bill or amendment making provision for the language to be used for any of the purposes shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted and the report of the Committee constituted.

(0)(40J) Article 40J. Language to be used in representations for redress of grievances

Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

(0)(40K) Article 40K. Facilities for instruction in mother-tongue at primary stage

It shall be the endeavor of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

(0)(40L) Article 40L. Special Officer for linguistic minorities

(1) There shall be a Special Officer for linguistic minorities to be appointed by the President.

(2) It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Government of the States concerned.

(0)(40M) Article 40M. Directive for development of the Hindi language

It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 90. Web Blog http://360.yahoo.com/HindustanEmpire/   Copyrights All Rights Reserved

 

 

 

Populist Draft of a New Constitution of India- Kalki Gaur

  (00)(41) Emergency Provisions

(0)(41) Article 41 Emergency Provisions

(0)(41B) Article 41B. Proclamation of National Emergency by President

(1) Proclamation of Emergency: If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory thereof as may be specified in the proclamation. Explanation: A proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression or by armed rebellion may be made before the actual occurrence of war or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof.

(2) A President’s Proclamation of Emergency issued may be varied or revoked by a subsequent Proclamation.

(3) The President shall not issue an Emergency Proclamation or a Proclamation varying such Proclamation unless the decision of the Union cabinet, that is to say, the Council consisting of the Prime Minister and other Ministers of Cabinet rank that such a Proclamation may be issued has been communicated to him in writing.

(4) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:

Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People has been dissolved, or the dissolution of the House of the People takes place during the period of one month referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of six months from the date on which the House of the People first sits after its reconstitution, unless before the expiration of the said period of six months a resolution approving the Proclamation has been also passed by the House of the People.

(5) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing of the second of the resolutions approving the Proclamation:

Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause:

Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States but no resolution with respect to the continuance in force of such Proclamation has been passed by the house of the people during the said period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of six months, a resolution approving the continence in force of the Proclamation has been also passed by the House of the People.

(6) A resolution may be passed by either House of Parliament only by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

(7) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a Proclamation issued or a Proclamation varying such Proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continence in force of, such Proclamation.

(8) Where a notice in writing signed by not less than one-tenth of the total number of members of the House of the People has been given, of their intention to move a resolution for disapproving, or, as the case may be, for disapproving the continuance in force of, a Proclamation issued or a Proclamation varying such Proclamation, - (a) to the Speaker, if the House is in session; or (b) to the President, if the House is not in session, a special sitting on the House shall be held within fourteen days from the date on which such notice is received by the Speaker, or, as the case may be, by the President, for the purpose of considering such resolution.

(9) The power conferred on the President by this article shall include the power to issue different Emergency Proclamations on different grounds, (i) being war or (ii) external aggression or (iii) armed rebellion or (iv) imminent danger of war or (v) financial crisis, whether or not there is a Proclamation already issued by the President and such Proclamation is in operation.

(10) The power conferred on the President by this article shall include the power to establish Special Emergency Tribunals to provide for the adjudication or trial by administrative tribunals of complaints with respect to misuse of discretionary powers against public servants and public officials, under Emergency Proclamation for personal financial gains and financial corruption.

(11) It shall be competent for the President or Governor or such person as they may direct to require that all such officers as exercise discretionary powers under Emergency provisions, shall be subject to extra scrutiny to ward of temptations for personal financial gains while exercising discretionary powers during the time emergency proclamation is in force.

(12) It shall be competent for the President or Governor or such person as they may direct to provide extra resources, staff and authority to prosecute under special powers under Emergency Proclamation to prosecute for misuse of emergency powers for personal financial gains and financial corruption.

(0)(41C) Article 41C. Effects of Proclamation of National Emergency

(1) While a Proclamation of National Emergency is in operation, then - (a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised; (b) the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List or Concurrent List.

(2) Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, - (i) the executive power of the Union to give directions and the power of Parliament to make laws, shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.

(3) It shall be competent for the President to make special provision to the effect  that while a Proclamation of Emergency is in operation, then those holding discretionary powers under provisions of Emergency Proclamation, shall come under special scrutiny and special deterrent punishment for any act of misuse of powers for personal financial gains or corruption.

(0)(41D) Article 41D. Revenue Sharing During National Emergency

(1) Application of provisions relating to distribution of revenues while a Proclamation of National Emergency is in operation: The President may, while a Proclamation of National Emergency is in operation, by order direct that some or any of the provisions of constitution shall for such period, not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit.

(2) Every order made by the Union government, while the proclamation of national emergency is in operation shall, as soon as may be after it is made, be laid before each House of Parliament.

(0)(41E) Article 41E. Duty of Union to Protect States Against Internal Disturbances

(1) Duty of the Union to protect States against external aggression and internal disturbance: It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

(2) It shall be competent for the President to make special provision for the timely and speedy deployment of Central troops or Central police forces to protect ever State against internal disturbances, communal riots, political insurgency, strikes, with or without prior request by the State government to the Union for the deployment of such forces.

(3) It shall be competent for the President to make special provision for the timely and speedy prosecution by federal institutions of the terrorists, insurgents and violent organizations, with or without the consent of the concerned State governments.

(4) It shall be competent for the President to make special provision to the effect that federal police forces may also have direct role for the maintenance of law and order throughout the territories of India, and federal police forces may undertake direct preventive actions with or without the involvement of the State police forces.

(5) It shall be competent for the President to make special provision to the effect to establish Federal Police Force that could directly arrest and prosecute criminals, insurgents, terrorists, Maoist rebels, organize crime, drug cartels and anti-social elements on federal criminal charges, with or without the involvement of the State police forces. It shall be competent for the President to make special provision to the effect that Federal Police Force shall maintain federal police stations and federal jails throughout the territories of India, with a right and duty to arrest criminals for the commitment of federal crimes.

(6) It shall be competent for the President to make special provision to make the maintenance of law and order, operation of jails, preventive measures against political insurgency, and prosecution of drug cartels and organized crime in the State the joint responsibility of State police forces and Federal police force.

(7) It shall be competent for the President to make special provision to the effect that police officials of a State can continue the hostile chase of the criminals into the neighboring border regions of the respective States.

(8) It shall be competent for the President to make special provision to allow the Union government to punish or transfer of corrupt police officials or corrupt bureaucrats from one State to another, to break the unholy nexus of crime-police-politicians in any State, with or without the consent of the State government.

(0)(41F) Article 41F. Emergency Proclamation for a State- President’s Rule in a State

(1) Provisions in case of failure of constitutional machinery in States: If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation for President’s Rule in a State - (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State:

Provided that nothing in this clause shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.

(2) Any such Emergency Proclamation for a State may be revoked or varied by a subsequent Proclamation by the President.

(3) Every Emergency Proclamation for a State for under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of six months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:

Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of six months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of six months from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of six months a resolution approving the Proclamation has been also passed by the House of the People.

(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Emergency Proclamation for a State:

Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:

Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of six months from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of six months a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People:

(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless - (a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and

(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:

(0)(41G) Article 41G. Legislation during President’s Rule in a State

(1) Exercise of legislative powers under Proclamation of Emergency in a State: Where by a Proclamation of Emergency in a State issued by the President, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent -

(a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorize the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;

(b) for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;

(c) for the President to authorize when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament.

(2) Any law made in exercise of the power to the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation of Emergency, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.

(0)(41H) Article 41H. Rights & Freedoms During National Emergency

(1) Suspension of provisions of rights during emergencies: While a Proclamation of Emergency declaring that the security of India or any part of the territory thereof is threatened by war or by external aggression is in operation, nothing in fundamental rights shall restrict the power of the States defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetence, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect:

Provided that where such Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.

(2) Nothing in clause (1) shall apply - (a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or (b) to any executive action taken otherwise than under a law containing such a recital.

(3) It shall be competent for the President to make special provision to the effect to require from all such public servants and elected public officials as directly exercise discretionary powers under the Emergency provisions, while proclamation of emergency is in operation, must also submit to the jurisdiction of emergency anti-corruption tribunals established to adjudicate by trials charges or allegations of corruption for personal financial gains against persons that exercise discretionary powers under emergency provisions.

(4) It shall be competent for the President to make special provisions to check the misuse of emergency provisions by public servants and public officials during the time the emergency proclamation in operation. It shall be competent for the President to make special provision to outline the duties of the public officials and public servants to prevent the misuse of the emergency powers.

(0)(41-I) Article 41-I. Suspension of Rights During Emergency

(1) Suspension of the enforcement of the rights conferred by the Constitution during emergencies: Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by the Constitution as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

(2) An order made as aforesaid may extend to the whole or any part of the territory of India: Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of Indian in which the Proclamation of Emergency is in operation, considers such extension to be necessary.

(3) Every order made under Proclamation of Emergency shall, as soon as may be after it is made, be laid before each House of Parliament, whenever it is convened.

(4) While an order made when proclamation of emergency is in operation, for the suspension of the rights conferred by the Constitution, nothing in the constitutional provisions conferring those rights shall restrict the power of the State to make any law or to take any executive action which the State would otherwise be competent to make or to take.

However, any State law so made shall, to the extent of the incompetence, cease to have effect as soon as the executive order of the State aforesaid ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect. The executive acts and decisions made the operation shall not be reversed after the end of the proclamation of emergency, except with the prior consent of the President.

(5) Where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.

(6) Nothing in this clause shall apply - (a) to any law which does not contain a recital to the effect that such law is in relation to the Proclamation of Emergency in operation when it is made; or (b) to any executive action taken otherwise than under a law containing such a recital, and these legislative laws and executive actions shall continue to be in full force, even after the revocation of the proclamation of emergency. If legislative laws are made and executive actions taken by the State or the Union under normal provisions of the Constitution, even during the period proclamation of emergency is in operation, these laws and executive actions continue to have full validity and applicability after the end of proclamation of emergency.

(0)(41K) Article 41K. Proclamation of Financial Emergency

(1) Provisions as to Financial Emergency: (a) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration of financial emergency to that effect.

(b) If the President is satisfied that a situation has arisen whereby the continuance of fast economic growth of India is threatened and unless fast remedial measures are taken the Capitalistic economic transformation and modernization of India may slow down or derail, he may make a Proclamation of Financial Emergency, to that effect.

(c) If the President is satisfied that a situation of financial emergency has arisen, but if the President is not satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by proclamation, make a declaration of financial emergency without invoking provisions of general emergency to that effect in respect of the whole of India, which shall not adversely affect democratic political process, while giving the Union Executive the financial emergency powers.

(d) If the President is satisfied that a situation of financial emergency has arisen, but the President is not satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may make a Proclamation of Financial Emergency, without invoking President’s Rule in one or more States.

(2) A Proclamation of Financial Emergency issued - (a) may be revoked or varied by a subsequent Proclamation; (b) shall be laid before each House of Parliament; (c) shall cease to operate at the expiration of six months, unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.

If any such Proclamation of financial emergency is issued at a time when the House of the People has been dissolved or the dissolution of the House of the People takes place during the period of six months after the declaration of financial emergency, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the proclamation shall cease to operate at the expiration of six months from the date on which the house of the People first sits after its reconstitution unless before the expiration of the said period of six months a resolution approving the Proclamation has been also passed by the House of the People.

(3) During the period any such Proclamation of Financial Emergency , the executive authority of the Union shall extend to the giving of directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose.

(4) Notwithstanding anything in this constitution - (a) any such direction to any State by the Union may include - (i) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State; (ii) a provision requiring all Money Bills or other Bills to reserved for the consideration of the President after they are passed by the Legislature of the State; (iii) a provision that the State government officers shall give precedence to the directives of the Union government and Prime Minister’s Office over any conflicting directive of the Chief Minister or the State government; (iv) a provision that restrictions on the right to property and on the freedom for trade, commerce and intercourse, shall be undertaken with a sole purpose of economic growth of India.

(b) It shall be competent for the President during the period any Proclamation issued under this article is in operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts.

(c) It shall be competent for the President during the period any Proclamation issued under this article or otherwise to implement the economic programs, on very fast track, for fast implementation of economic policies, which President is otherwise competent to do.

(5) If the President is satisfied that a situation has arisen whereby the fast transformation of old economy to capitalist oligopolistic post-industrial economy, required to make India an economic super power, manufacturing hub of the world, and to improve the financial stability or credit of India the declaration of financial emergency is warranted, he may by a Proclamation make a declaration to that effect and appoint a Financial Martial Law Administrator to undertake the fast reorganization of economy, trade and industry.

(6) It shall be competent for the President during the period any Financial Emergency Proclamation is in operation or otherwise, to make special provision – (i) to safeguard against the misuse of power for personal financial gains by those holding discretionary powers under provisions of the financial emergency, and (ii) to establish rules and procedures to severely punish acts of financial corruption and misuse of power for personal financial gains by persons holding discretionary powers under provisions of Financial Emergency Proclamation, and (iii) to establish National Financial Emergency Tribunal to investigate, prosecute and sentence, by adjudication or trial, any charges of financial corruption or misuse of power for personal financial gains against any or all officers holding discretionary powers under Financial Emergency Proclamation.

(7) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation, or otherwise to make special provisions –  (i) to organize peaceful transfer of all older men and women above the age of 55 from metropolitan and municipal cities to smaller townships and villages to make cities less overcrowded, and (ii) to ban the entry of older men and women above the age of 55 years into metropolitan areas and cities, and (iii) to transfer the land ownership titles of rural arable agricultural lands to younger members of the rural families from older men and women above the age of 55.

(8) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation, or otherwise to make special provisions –  (i) to confiscate the Black money, and (ii) to confiscate the assets of organized crime, criminals and smugglers, and (iii) to confiscate the assets of corrupt officials that hold property and assets more then their known sources of income, and (iv) to confiscate the assets and property of tax evaders and black marketers, and (v) to recover long-over due or long-evaded taxes specially by economic dominant communities, including Marwaris and Banias etc.

(9) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation or otherwise, to make special provisions –  (i) to enforce involuntary mergers of family owned retails stores, by consolidation of every 1000+ retail stores into larger super market chain to make India’s retail industry become more competitive and to profit by economics of scale, and (ii) to enforce that half of the counter sales jobs in the retail sector are reserved for women, and (iv) to enforce professional management of all family owned business enterprises and large business and industrial houses, and (v) to permanently ban strikes and to confiscate the assets of the such trade unions as in the past resorted to unnecessary strikes and shut downs of the industrial and financial enterprises.

(10) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation or otherwise, to make special provisions –  (i) to make India into a industrial and consumer goods manufacturing hub of the world, and (ii) to make India into Information Technology capital of the world, and (iii) to make India an economic export super power of the world, and (iv) to empower India’s professionally managed capitalist industrial and trading corporations grow into multinational enterprises, and (v) to make India the preferred location for Foreign Direct Investments.

(11) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation or otherwise, to make special provisions to promote –  (i) Commonwealth Common Market, and (ii) Asian Common Market, and (iii) Third World Common Market, and (iv) Rupee as convertible common foreign exchange reserve currency of all soft-currency countries of the Third World.

(12) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation, or otherwise to make special provisions to identify and deport all illegal aliens from Bangladesh and their descendants that entered India after 26 January 1965, even when are born in India, have voted in Indian elections, hold ration cards or may also have Indian passports.

(13) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation, or otherwise to make special provisions to require that all religious institutions, religious trusts or charities, religious places of worship, set aside half (50%) of its total assets and properties for exclusive use of women and under exclusive administration and management by women believers of their respective religions and sects.

(14) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation, or otherwise to make special provisions to ensure that no law enacted and no executive acts undertaken by the Union or State during the time proclamation of financial emergency is in operation shall be reversed after the revocation of the financial emergency proclamation, unless with the prior consent of the President and approval of the Parliament.

(15) It shall be competent for the President to make special provisions to ensure that reforms and economic reorganization implemented and confiscation of property undertaken during the period a Financial Emergency Proclamation is in operation, shall not be undone, after the proclamation of financial emergency cease to be in operation.

(16) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation, or otherwise to make special provisions to ensure that while economic rights are curtailed during the period financial emergency is in operation, the political rights or the people shall not be adversely curtailed during financial emergency, unless it is found necessary that political rights should also be curtailed for the fast implementation of the required economic modernization and reorganization of the economy.

(17) It shall be competent for the President to issue Financial Emergency Proclamation, without invoking the curtailment of political rights and political process in the State and the Union and without invoking the provisions of National Emergency and without imposing President’s Rule in the States.

(18) It shall be competent for the President during the period a Financial Emergency Proclamation is in operation, or otherwise to make special provisions to establish special tribunals to protect the political freedom of the people, and to prosecute by adjudication or trial public officials and public servants for misuse of financial emergency provisions for either personal financial gains or for illegal curtailment of democratic political process and political freedoms enshrined in the Constitution.

© 2006 Author Kalki Gaur, “Populist Constitution of India” email  DiplomatKalkiGaur@Yahoo.Com; Page 96. Web Blog http://360.yahoo.com/HindustanEmpire/  Copyrights All Rights Reserved

 

 

 

Populist Draft of a New Constitution of India- Kalki Gaur

  (00)(42) Constitutional Amedment

(00)(42) Article 42 Power of Parliament to amend the Constitution and procedure therefor

(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:

Provided that if such amendment seeks to make any change in basic constitutional provisions as included in the Schedule 12, or or (a) any of the Lists in the Seventh Schedule, or (b) the representation of States in Parliament, or (c) the provisions of this article, the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.

(3) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.

(43) Special Provisions

(00)(43) Article 43 Miscellaneous Special Provisions

(0)(43B) Article 43B. Protection of President and Governors

(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties:

Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge:

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefore, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.

(3) Notwithstanding anything in this constitution, it shall be competent for the President to make special provisions –  to investigate the charges of financial corruption and misuse of power for personal financial gains, against holder of political offices, after they demit the elected or appointed public office to hold them accountable for any act of misrule or corruption.

(4) Nothing in this constitution shall provide immunity to holders of elected public offices or salaries government positions from investigation or prosecution or adjudication by trial  by National Anti-Corruption Tribunal, for any act of financial impropriety, or misuse of political or bureaucratic power for personal financial gain or corruption.

(5) It shall be competent for the President to establish special provisions to investigate the allegations or complaints against Union or State Ministers, including Prime Minister and Chief Minister, two years after they demit the office, to develop a fair, impartial and transparent system and institution, for prosecution of corrupt politicians and corrupt public officials, to establish the rule that even the highest politicians are not above law, for any act of corruption or misuse of political authority for harming the national interests o India.

(0)(43C) Article 43C. Protection of publication of proceedings of Parliament and State Legislatures

(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice: Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.

(2) It shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any program or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper. Explanation: In this article, "newspaper" includes a news agency report containing material for publication in a newspaper.

(0)(43D) Article 43D. Rights and privileges of Former Rulers of Indian States

(1) Recognition granted to Rulers of Indian States to cease and Privy purses to be abolished

Notwithstanding anything in this Constitution or in any law for the time being in force - (a) the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognized by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognized by the President as the successor of such Ruler shall, on and from such commencement, cease to be recognized as such Ruler or the successor of such Ruler; (b) on and from the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the Ruler or, as the case may be, the successor of such Ruler, referred to in clause (a) or any other person shall not be paid any sum as privy purse.

(2) It shall be competent for the President to make special provisions: (i) to restore some or all of the property owned by these erstwhile former Rules of Indian States in pre-independence India, and (ii) to provide income tax and property tax abatements, and (iii) to provide financial help and business loans to former Rulers to help them adapt to modern capitalism by transforming the former royal holdings into corporate assets of modern business and industrial houses, and (iv) to compensate them for their loss of Privy Purses.

(3) Nothing in this Constitution suggests that the accumulation of assets and property by former royal families is disproportionate to the business assets of large capitalist business houses.

(4) It shall be competent for the President to make special Proclamation or Parliament to make legislation to provide guarantees to any Ruler of any foreign country that agrees to confederate or federate with India, to merge its lands and territories into India that future governments of India shall honor its obligations, entered into with full faith of the nation.

(5) Former Ruler of Sikkim should get special business loans to reward him for accession into India.

(6) It shall be competent for the President to prepare a new draft for accession to India, by any sovereign state or dependent state, the terms of accession into India, and to guarantee that future governments shall honor any agreement Indian government shall make, while formalizing the terms that country and Indian government agree, for uniting that country with India, in confederation, federation or union.

(0)(43E) Article 43E. Bar to interference by courts in disputes arising out of certain treaties, agreements

(1) Notwithstanding anything in this Constitution, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of an International treaty, agreement, covenant, engagement, sanad or other similar instrument, which is entered into or executed by the Government of India.

(0)(43G) Article 43G. Special provisions as to major ports and aerodromes

(1) Notwithstanding anything in this Constitution, the President may by public notification direct that as from such date as may be specified in the notification - (a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or (b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification.

(2) Explanation - (a) "major port" means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port; (b) "aerodrome" means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.

(0)(43-H) Article 43-H. Definitions

In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say -

(1) "Agriculture income" means agricultural income as defined for the purposes of the enactments relating to Indian income tax;

(2) "An Anglo-Indian" means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only;

(3) "Article" means an article of this Constitution;

(4) "Borrow" includes the raising of money by the grant of annuities, and "loan" shall be construed accordingly;

(5) "Clause" means a clause of the article in which the expression occurs;

(6) "Corporation tax" means any tax on income, so far as that tax is payable by the companies and is a tax in the case of which the following conditions are fulfilled: - (a) that it is not chargeable in respect of agricultural income; (b) that no deduction in respect of the tax paid by the companies is, by any enactments which may apply to the tax, authorized to be made from dividends payable by the companies to individuals; (c) that no provision exists for taking the tax so paid into account in computing for the purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals;

(7) "Corresponding Province", "corresponding Indian State" or "corresponding State" means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question;

(8) "Debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and "debt charges" shall be construed accordingly;

(9) "Estate duty" means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass;

(10) "Existing law" means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation;

(11) "Federal Court" means the Federal Court constituted under the Government of India Act, 1935;

(12) "Goods" includes all materials, commodities, and articles;

(13) "Guarantee" includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;

(14) "High Court" means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes - (a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and (b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution;

(15) "Indian State" means any territory which the Government of the Dominion of India recognized as such a State;

(16) "Part" means a Part of this Constitution;

(17) "Pension" means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable, a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund;

(18) "Proclamation of Emergency" means a Proclamation issued under clause (1) of article 352:

(19) "Public notification" means a notification in the Gazette of India, or, as the case may be, the Official Gazette of a State;

(20) "Railway" does not include -(a) a tramway wholly within a municipal area, or (b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway;

(22) "Ruler" means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognized by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognized by the President as the successor of such Ruler;

(23) "Schedule" means a Schedule to this Constitution;

(24) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution;

(25) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this constitution;

(26) "Securities" includes stock;

(27) "Sub-clause" means a sub-clause of the clause in which the expression occurs;

(28) "Taxation" includes the imposition of any tax or impost, whether general or local or special, and "tax" shall be construed accordingly;

(29) "Tax on income" includes a tax in the nature of an excess profits tax;

(29A) "Tax on the sale or purchase of goods" includes -

(a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;

(b) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;

(c) a tax on the delivery of goods on hire-purchase or any system of payment by installments;

(d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;

(e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;

(f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made; and

(30) "Union territory" means any Union territory specified in the First Schedule and includes any other territory comprised within the territory on India but not specified in that Schedule.

(0)(43-I) Article 43-I. Interpretation

(1) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor, as the case may be.

(2) For the purposes of this Constitution "foreign State" means any State other than India. Subject to the provisions of any law made by Parliament, the President may be order declare any State not to be a foreign State for such purposes as may be specified in the order.

(0)(43J) Article 43J. Power of Parliament to amend the Constitution and procedure therefore

(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:

(3) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.

(4) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend one or all provisions of this Constitution, including the enactment of a new Constitution, by means of a single constitutional amendment.

(5) Parliament shall convene a Constitutional Assembly to review the Constitution every fifty (50) years, to recommend changes and amendments to make the Constitution more relevant to the changing times.

(44) Temporary, Transitional and Special Provisions

(00)(44) Article 44 Temporary, Transitional and Special Provisions

(0)(44B) Article 44B. Emergency Powersw of Parliament for Matters in State List

(1) Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List: Notwithstanding anything in this Constitution, Parliament shall, have power to make laws with respect to the matters in the State List following matters as if they were enumerated in the Concurrent List, namely: -

(a) Trade and commerce within a State in, which affects inter-state commerce and international commerce, matters that affects manufacturing, exports and imports, international trade, including but not limited to and the production, supply and distribution of, cotton and woolen textiles, raw cotton, cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), mining and minerals, coal (including coke and derivatives of coal), iron, steel and mica;

(b) Offences against laws with respect to any of the international trade, exports and imports, jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court, but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetence, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof; and

(c ) Educational curricula in primary, secondary and higher education, professional and vocational education, and engineering, technical and medical education, and accreditation of schools, colleges, universities, engineering colleges, medical colleges and television and Internet based education. 

(2) During the period the proclamation of national emergency, or proclamation of financial emergency, or proclamation of President’s Rule in the State is in operation, (i) the Executive branch of the Union government shall have authority to make executive directives on all matters listed in the State List and Municipality List, and (ii) the Parliament shall have authority to make laws on all matters listed in the State List and Municipality List, and these executive acts and legislative laws shall continue to be in full force after the proclamation of emergency ends.

(0)(44C) Article 44C. Temporary provisions with respect to the State of Jammu and Kashmir

(1) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify.

(2) The recommendation of the Constituent Assembly of the State shall not be necessary before the President issues such a notification.

(3) Nothing in the special provision for the State of Jammu and Kashmir shall prevent the President, with the advice of the Prime Minister, to end the Special Provisions related to the State of Jammu and Kashmir by Proclamation. 

(0)(44D) Article 44D. Temporary provisions with respect to the North Eastern States, Nagaland, Mizoram, Nagaland, Tripura, Meghalaya and Assam

(1) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify.

(2) The recommendation of the Constituent Assembly of the State shall not be necessary before the President issues such a notification.

(0)(44E) Article 44E. Temporary provisions with respect to the Reservation of Seats in Parliament and State Legislature for Scheduled Castes, Backward Castes and Other Backward Castes

(1) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify.

(2) The recommendation of the Constituent Assembly of the Parliament or State shall not be necessary before the President issues such a notification.

(0)(44F) Article 44F. Temporary provisions with respect to the Reservation of Seats in Educational Institutions for Scheduled Castes, Backward Castes and Other Backward Castes

(1) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify.

(2) The recommendation of the Constituent Assembly of the Parliament or State shall not be necessary before the President issues such a notification.

(0)(44G) Article 44G. Temporary provisions with respect to the Reservation of Jobs in All India Services, Union Services, State Services and Public Sector for Scheduled Castes, Backward Castes and Other Backward Castes

(1) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify.

(2) The recommendation of the Constituent Assembly of the Parliament or State shall not be necessary before the President issues such a notification.

(0)(44H) Article 44H. Courts, authorities and officers to continue to function subject to the provisions of the Constitution

All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.

(0)(44-I) Article 44-I. Provisions as to Judges of High Courts

(1) The Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for in respect of the Judges of such High Court. Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.

(2) The judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, continue to hold office until the expiration of such period as the President may by order determine.

(3) In this article, the expression "Judge" does not include an acting Judge or an additional Judge.

(0)(44-J) Article 44-J. Provisions as to Comptroller and Auditor-General of India

The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.

(0)(44K) Article 44K. Provisions as to Public Commissions

(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

(2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

(0)(44L) Article 44L. Power of the President to remove difficulties

(1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the 1950 Constitution of India, to the provisions of this Populist Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient: Provided that no such order shall be made after the first meeting of Parliament duly constituted.

(2) Every order made under above clause shall be laid before Parliament.

(3) The powers conferred on the President by this article, before the commencement of this Populist Constitution, shall be exercisable by the President of India.

(45) Title & Commencement of Constitution

(00)(45) Article 45 Short title

This Constitution may be called the Constitution of India.

(0)(45B) Article 45B. Commencement

This article and articles shall come into force at once, and the remaining provisions of this Constitution shall come into force of the day, which day is referred to in this Constitution as the commencement of this Constitution.

(0(45C) Article 45C. Authoritative text in the Hindi language

(1) The President shall cause to be published under his authority, - (a) the translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this Constitution made before such publication; and (b) the translation in the Hindi language of every amendment of this Constitution made in the English language.

(2) The translation of this Constitution and of every amendment thereof published under above clause shall be construed to have the same meaning as the original thereof and if any difficulty arises in so construing any part of such translation, the President shall cause the same to be revised suitably.

(3) The translation of this Constitution and of every amendment thereof published under this article shall be deemed to be, for all purposes, the authoritative text thereof in the Hindi language.

 

 

END OF THE POPULIST CONSTITUTION OF INDIA- DRAFT 2006

END PAGE 101

 

Populist Constitution of India

© 2006 Author Kalki Gaur, “Populist Constitution of India” DiplomatKalkiGaur@Yahoo.Com

TABLE OF CONTENT                                                                              1

(1) Preamble                                                                                                    2

(1) Article 1 Name and territory of the Union of India                           2

(2) Article 2: Citizenship at the commencement of the Constitution                  3

(3) Article 3: Fundamental Rights                                                               4

(4) Article 4: Fundamental Freedoms                                                                     6

(5) Article 5: Protection in respect of conviction for offenses

(6) Article 6: Protection of life and personal liberty.                                                6

(7) Article 7: Prohibition of traffic in human beings and forced labor            7

(8) Article 8: Right to Property Trade Commerce and Intercourse                   10

(9) Article 9: Directive Principles of State Policy                                          14

(10) Article 10: Fundamental Duties                                                               19

(11) Article 11: The President of the Union                                                      20

(12) Article 12: The Vice-President Of India                                                     24

(13) Article 13: Prime Minister & Union Council of Ministers                      25

(14) Article 14: Attorney-General of India                                                     27

(15) Article 15: Union Parliament                                                                    28

(16) Article 16: Union Legislative Bills                                                 32

(17) Article 17: Establishment and Constitution of Supreme Court             36

(18) Article 18: Union Comptroller and Auditor-General of India                 40

(19) Article 19: Governors of States                                                               41

(20) Article 20: State Legislatures                                                                  43

(21) Article 21: State Legislative Bills                                                 48

(22) Article 22: High Courts for States                                                   52

(23) Article 23. District Judges                                                              55

(24) Article 24: Union Territories                                                                     55

(25) Article 25: The Panchayats- Rural Local Self Governments                57

(26) Article 26: Municipalities- Urban Local Self Governments                59

(27) Article 27: The Scheduled and Tribal Areas                                       62

(28) Article 28: Legislative Relations between Union and the States            63

(29) Article 29: Administrative Relations between Union and the States            65

(30) Article 30: Finance, Property, Contracts and Suits                             66

(32) Article 32: Finance Commission                                                                  68

(33) Article 33: Property, Contacts, Rights, Liabilities, Obligations and Suits     70

(34) Article 34: Borrowing by Government                                                      71

(35) Article 35: Government Services and Bureaucracy (IFS, IAS, IPS)     72

(36) Article 36: Public Service Commissions                                                    75

(37) Article 37: Administrative Tribunals                                                          77

(37B) Article 37B: Administrative Services Tribunals

(37C) Article 37C: Specialized State Tribunals for Other Matters                        78

(37D) Article 37D: National Urban Land Ceiling Tribunal                         79

(37E) Article 37E: National Taxation Tribunal                                                80

(37F) Article 37F: National Agricultural Lands Tribunal

(37G) Article 37G: National Anti-Smuggling Tribunal                                    81

(37H) Article 37H: National Anti-Corruption Tribunal                                    82

(37-I) Article 37-I. National Policy Evaluation Tribunal

(38) Article 38: Election Commission of India                                         83

(39) Article 39: Reservations Relating to Certain Castes, Tribes, Classes            84

(40) Article 40: Hindi as Official Language                                                          87

(41) Article 41: Emergency Provisions                                                         89

(42) Article 42: Power of Parliament to amend the Constitution                  95

(43) Article 43: Miscellaneous                                                               96

(44) Article 44: Temporary, Transitional and Special Provisions                     99

(45) Article 45: Short title                                                                                  101

 

© 2006 Copyrights All Rights Reserved- Kalki Gaur

diplomatkalkigaur@yahoo.com

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Kalki Gaur, “MANIFESTO OF NEOCONSERVATISM” (2006)

Kalki Gaur, “HINDU HOLY GITA – MOKSA VIA RELIGIOUS WARS” (2006)

Kalki Gaur, “DA VINCI CODE AS CLASH OF RELIGIONS” (2006)

Kalki Gaur, “GLOBAL CLASH OF RELIGIONS” (2006)

Kalki Gaur, “GNOSTIC BIBLE” (2006)

Kalki Gaur, “POPULIST MANIFESTO” (2006)

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Kalki Gaur, “MANIFESTO OF NEOCONSERVATISM” (2006)

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The complete text of 5,000 pages of Books by Kalki Gaur available for free download at following Kalki Blogs for academic and non-commercial usage.

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