Saturday, March 15, 2008

Books & Articles by the Author

Proposing a New Constitution:
This will bring change required for the country. To an extent cease the discretionary power of politician and allow a system to function.
Sonia: The Villain (Ek Khalnayeeka):
True life story of Sonia Gandhi leader of Indian National Congress.
कुत्तो से सावधान
To see all articles of writer visit www.bharatsangh.com

Monday, March 10, 2008

Proposing a New Constitution

PROPOSING A NEW CONSTITUTION
RAVINDRA NATH TRIPATHI
Research ScholarRani Durgawati Vishwavidyalaya, Jabalpur,
Preamble
PART - I : Land and the People
Article - 1 : Union & its various territorial units
Article - 2 : Citizenship
PART II - GOVERNANCE
Article 3 - The Government
Article 4 - The Legislature
Article 5 - The Executive
Article 6 - The Judiciary
Article 7 - The Autonomous Body
Article 8 - Planning
Article 9 - Finance and Revenue
Article 10 - Amendment of the Constitution
PART III - FUNDAMENTAL RIGHTS AND DUTIES
Article 11 - Fundamental Rights of Citizens
Article 12 - Fundamental Duties of States
Aritcle 13 - Fundamental Duties of Citizens
PART IV - SOCIAL WELFARE
Article 14 - Social Security
Article 15 - Health
Article 16 - Employment
Article 17 - Language
Article 18 - Education and Literacy
Article 19 - Population
PART V - POLITICAL PROCESS
Article 20 - Election
Article 21 - Political Parties
Article 22 - Referendum
Article 23 - Recall
Article 24 - Impeachment
Article 25 - Emergency
PART VI - ADMINISTRATION OF JUSTICE
Article 26 - Vigilance
Article 27 - Law and Order
Commentary
To see all articles of writer visit www.bharatsangh.com

INTRODUCTORY NOTE

PROPOSING A NEW CONSTITUTION

It is a common perception in our country that people of our country are basically corrupt, only honest is one who is not in a position to extract unlawful money. But it is not true. Most of us want to be honest; the real problem is with the system. If a person joins a government service through honest means, he wants to serve the people. But slowly he realises that he is part of a corrupt system. He finds himself not in a position to stop these corrupt practices. Ultimately he realises that it is better to be part of corrupt system than remain honest and lose the benefits others are availing.
Other reason for booming corruption is lack of social security. Though there is social security, but with increased awareness, a person finds him more insecure. This insecurity induces him to earn more to make him more secure. In this whole exercise his insecurity further increases. There is need to eliminate this insecurity from not only government servants but also from the mass. This can be achieved by providing adequate social security. It is duty of state to ensure that all citizens do feel safe. It is duty of the state to create environment, where people can exercise their fundamental rights.
This corruption, which is the main cause of the problem, can be minimised with increased participation of people and bringing transparency in our system through use of advance technology.
But the increased people participation and use of advance technology is difficult to achieve in the present system. We need a new system for that.
The greatest leader of our country his Excellency President Dr APJ Abdul Kalam, has a vision for developed Bharat. It is duty of all of us to convert his dream of developed Bharat into reality. Unfortunately Dr Kalam is a scientist, and most of the reforms he is suggesting cannot be brought without making political reforms. The present corrupt lot of politician who are governing us today are the biggest hindrance in this direction. What Dr Kalam expects from them they don't deserve to be expected for that.
Thus it becomes essential to change the system and proceed for other reforms. Each one of us is required to make some sacrifice to achieve the larger happiness of all of us.
There are number of old age people in out country, whom you will find saying that the government of British was far better than the present indigenous government. Why there is such opinion, I interacted with lot of people to know the reason behind, and I could find out the real difference between the leader of western countries or so called imperialist countries and our indigenous leaders, the leaders of western countries always remain in search of country from where they may acquire benefit for the betterment of their people, whereas leaders of our country always remain in search of methods by which they may acquire benefit from their own people for their personal benefits.
To achieve the goals, which are going to be discussed in this book, one must give up his colonial mindset. There needs dramatic changes in our system. We have to get rid of emotional blackmailing, which we have been subjected since independence, on the name of language, religion, race, cast etc. We must give a thought as to what we have achieved out of this emotional blackmailing. You will realise the result is only poverty, unemployment, unhygienic condition, famine, illiteracy, corruption etc.
I don't claim any kind of originality in this book; in fact each and every word of this book is indebted to the people of my great nation. It is the ideas given by various people. My contribution is only to the extent of consolidating those scattered ideas. I hope all of you will further contribute in making the system better. Not even a single word written in this book is final, each and every word can be replaced, subjected it would further enhance the quality of us. We need to bind ourselves with sole recognition of being Bhartiya. Nothing else.
My present book provides for changed constitution for better system. This book mainly consists of various provisions of our new constitution I am proposing. To further the cause of common man it is required to make laws according to the constitution. What those laws should be and how it will benefit the people is also being discussed in brief.
This is first edition. I hope to bring second edition of the book very soon. Anyone find it worth any thing must communicate. There are few things, which is not being discussed in this book, mainly how this whole constitution can be implemented. Which political party will implement, and how people should participate in this movement for change. Even today I have reply to these questions, but before writing anything on it, I would like to receive suggestion from all of you. Kindly use reply postcard for the purpose, so that I can reply to your suggestion on the issue.
I express my gratitude to all those who contributed in bringing up this book. I also thank the readers, for sparing the time to read this book. My special thank to all those who wish to contribute in building a strong Bharat and making contribution on the issue.
Before closing this introductory note I wish to mention that it is not money but it is only will which we need to bring change. If you have will, I have the way to show.
With Regard.
Ravindra Nath Tripathi
Author
Balaghat Raod, Dundaseoni,
Dist: Seoni (Madhya Pradesh) Bharat Pin: 480661
Tele: 07692-223554 (R) 9425848586 (M)
To see all articles of writer visit www.bharatsangh.com

PREAMBLE

We the people of Bharat, having solemnly resolved to constitute Bharat into a sovereign, socialist, secular, democratic republic and to secure to all its citizens a good government committed to its citizens, with independent legislature, executive and Judiciary, which is duty bound to secure Fundamental rights of Citizens, and which shall compel its citizens to perform their fundamental duties, which shall provide social security so that every citizen gets basic amenities required to lead life with human dignity by assuring unity and integrity of the nation and shall work for a world with these qualities.
To see all articles of writer visit www.bharatsangh.com

PART I - LAND AND THE PEOPLE

Article 1- Union and its various territorial units
Article 2 - Citizenship
To see all articles of writer visit www.bharatsangh.com

Article 1- Union and its various territorial units

Section 1: Bharat Sangh or Union: All the land of Bharat shall be called the Bharat Sangh, and the Bharat Sangh or Union shall have jurisdiction over all its territory.
Section 2: Rajya or Province: Until law extends it, from East sixty eight degree Latitude to East ninety eight degree latitude, and from North six degree Longitude to thirty six degree Longitude the entire Bharat Sangh should be divided into various parts and each partition must consist two degree latitude and two degree longitude. The each such area shall be known as a block and if any block consist of either one percent population or one percent area of Bharat then it would become a Province, but population must not be less than half percent of Bharat’s population.
Section 3: Jila or District: Each district must consist of ten percent population or ten percent land of the Province. But no district can be formed without two percent population of the Province.
Section 4: Mahanagar: Urban area having population of more than ten million be called Mahanagar.
Section 5: Vrihad Nagar: Urban area having population of more than one million be called Vrihad Nagar.
Section 6: Madhyam Nagar: The urban population of more than hundred thousands but less then a million shall be called Madhyam Nagar.
Section 7: Laghu Nagar: A Nagar can consist of population more than ten thousand but less then hundred thousands is called Laghu Nagar.
Section 8: Vrihad Village: A inhabitant of human being having population more then one thousand but less then ten thousand.
Section 9: Madhyam Village: A inhabitant of human being having population more then hundred but less then one thousand.
Section 10 Laghu Village: A inhabitant of human being having population less then hundred persons shall be called Laghu village.
Section 11: Simant Chetra or Border Area: Area adjacent to the International border at least fifty km shall be called Border Area. This can be reduced and increased by the notification of Union Government, but in no case it can be made less than five kilometres from the international border.
Section 12: Janpad: Area, other then, which is occupied by Nagar, shall be called Janpad. One-fifth to One-tenth village of a district shall consist and become a Janpad. But no Janpad can be formed without ten percent Population of the district and twenty percent rural population of the district.
Section 13: Rajdhani Chetra or National Capital: Any area where the Head Quarter of the Union government shall be established shall be declared National Capital. The law of the Union Legislature can declare boundary of National Capital.
Section 14: Ward: A village or a Nagar shall be divided into approximate similar size in population for administrative and Election purposes and shall be known as ward. A ward should not consist of less then hundred persons. Maximum number of ward in a Nagar can’t be more then hundred and in a village it can’t be more then fifteen.
Section 15: Names of Provinces, districts, Nagars, Villages, Janpad and Ward should be mentioned in Schedule one of the Constitution.
Section 16: After every General Election, Election Commission shall revise the status of local area and after such revision, areas, which qualify or disqualify for lover or upper status should be promoted or demoted to that status.
Section 17: Revision of status of various organ of state should complete before a year of General Election.
Section 18: A territorial unit cannot come under two immediate superior territorial units. It has to become part of any single territorial unit according to wish of inhabitant of that area.
To see all articles of writer visit www.bharatsangh.com

Article 2 - The Citizenship

Section 1: Citizens shall be divided into Natural born Citizens and Legal Citizens.
Section 2: Legal Citizens: the law of the Union Legislature shall regulate the Legal citizenship.
Section 3: Natural Born Citizens: A natural born citizen shall be one whose father and mother are citizens of Bharat and at least one among them shall be the son/daughter of a natural born citizen who was born and brought up in Bharat.
Section 4: All Executive, Judiciary and Legislative posts shall be held by Natural born citizens of Bharat only.
To see all articles of writer visit www.bharatsangh.com

PART II - GOVERNANCE

Article 3 - The Government
Article 4 - The Legislature
Article 5 - The Executive
Article 6 - The Judiciary
Article 7 - The Autonomous Body
Article 8 - Planning
Article 9 - Finance and Revenue
Article 10 - Amendment of the Constitution
To see all articles of writer visit www.bharatsangh.com

Article 3 - The Government

Section 1: The government shall consist of Legislature, Executive and Judiciary.
Section 2: Member of one organ of government cannot be member of another organ. A member when take oath as a member of any organ his membership in the previous organ shall seize.
Section 3: Member of an organ should not utilise power of another organ until contrary is specifically mentioned in the constitution.
Section 4: The actual remuneration of a executive head shall be ten times to Per Capita Income (PCI) in case of Union, five times in case of Province, three times in case of district and Mahanagar, two and half times in case of Vrihad Nagar, two times in case of Madhyam Nagar, one and half times in case of Laghu Nagar and equal to PCI in case of Janpad, Vrihad Village, Madhyam Village and Laghu Village.
Section 5: The actual remuneration of a deputy executive head shall be three fourth of the executive head of that territorial unit.
Section 6: The actual remuneration of a speaker shall be equal to Deputy Executive head of that territorial area and actual remuneration of a Deputy Speaker shall be three fourth of the speaker.
Section 7: The actual remuneration of minister of Executive council shall be three times to that of PCI in case of union, two and half times in case of Province and one third of PCI in all other cases.
Section 8: The actual remuneration of member of legislature shall be two times to that of PCI in case of union, one and half times in case of Province, half of the PCI in case of district, Mahanagar and Vrihad Nagar, and one third of PCI in case of Madhyam Nagar, one fourth in case of Laghu Nagar and Janpad, and one tenth in case of PCI in case of Vrihad Village and Madhyam Village.
Section 9: While calculating the remuneration in proportion to PCI, it should be always equal to the PCI of territorial unit to which concerned person is representing or in proportion to PCI of any Superior territorial unit, whichever is less, and equal to PCI shall actually be equal to the PCI of previous financial year.
Section 10: The Executive head of Union, Province, District, Janpad, Nagars and Village shall be called Rastrapati, Rajyapal, Jiladhish, Janpadadhish, Mayor and Pradhan respectively. Executive Head of National Capital, Border Area shall be called Prashashak and Simant Prashashak, in the same way Chief BAA shall be called Mukhya Simant Prashashak. All deputy heads to be called with the name prefixed with word UP of the executive head of respective territorial units. The Province government can use some other nomenclature for calling different post in their respective territorial unit.
Section 11: The upper house of a territorial unit shall be called Senate and lover house of that territorial unit will be called Pratinidhi Sabha of that territorial unit. Member of respective house shall be called Pratinidhi or Senator of respective territorial unit, as the case may be.
Section 12: Every member of legislature, executive and judiciary, shall, before entering upon his office, make and subscribe in the presence of Speaker in case of member of legislature, Chief Justice of respective territory, in case of member of executive, and before executive head in case of judiciary, and in his absence of them before, person acting on that post, an oath or affirmation in the following term that is to say: - "I (Name of the person taking the oath or affirmation) do (swear in the name of god/solemnly affirm) that I will bear true faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity of Bharat Sangh, that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection ro ill-will."
To see all articles of writer visit www.bharatsangh.com

Article 4 - The Legislature

Section 1: All legislative power should be vested in Legislature, which shall consist of an Upper House and a Lower House.
Section 2: The Lower House shall be composed of members chosen every second year by the citizens.
Section 3: No person shall be a member of Union and Provincial Legislature who shall not have attained to the age of twenty-five years. And shall be inhabitant for at least three year of the Province in which he is a candidate.
Section 4: No person shall be a member of other legislature lower house who shall not have attained to the age of twenty-one year and shall have been inhabitant for at least two year of the area from where he is a candidate.
Section 5: Each lover house shall have minimum one member from each immediate subordinate territorial unit, and strength of the lover house shall be six hundred in case of Union, fifty to hundred in case of Province, fifteen to thirty in case of district, ninety in case of Mahanagar, sixty in case of Vrihad Nagar, thirty in case of Madhyam Nagar, eighteen in case of Laghu Nagar, fifteen in case of Janpad, twelve in case of Vrihad Village, six in case of Madhyam Village, all adult voter in case of Laghu Village and territorial area without local government.
Section 6: Each Upper house shall have minimum three member from each immediate subordinate territorial unit, and strength of the Upper house shall be minimum thirty in case of Province, six to fifteen in case of district, thirty three in case of Mahanagar, twenty in case of Vrihad Nagar, ten in case of Madhyam Nagar, nine in case of Laghu Nagar, six in case of Janpad and Vrihad Village, three in case of Madhyam Village, but there shall not be upper house in Laghu Village.
Section 7: When vacancies happen by resignation or otherwise in the lower house between general election, from any area, the executive head thereof shall nominate and fill the vacancy with approval of two-third majority of Upper house if next general election is not due within next six month.
Section 8: The lower house shall choose their speaker and deputy speaker and other officers and shall have the sole power of impeachment with two third majority. But the speaker and deputy speaker shall be member of the same house.
Section 9: The upper house of legislature shall be composed of three members from each immediate subordinate territorial unit, chosen directly by the citizens for six years and each shall have one vote. One third of member shall be chosen and retired every second year. If vacancies happen by resignation or otherwise, between general election, the executive head thereof shall make nomination for filling that vacancy with the approval of the two third majority of the lower house if the next general election is not due within next six month. Such nominated person shall act as member of the house till next general election; thereof seat will be filled through election for remaining period.
Section 10: No person shall be a member of upper house who shall not have attained to the age of thirty years, and when elected be inhabitant of that territory for minimum five year.
Section 11: The Deputy executive head shall be speaker of the Upper house, but shall have no vote unless they are equally divided.
Section 12: The Upper house shall choose their officers including Deputy Speaker who shall act as speaker pro tempore, in the absence of speaker, or when he shall exercise the office of the executive head.
Section 13: The Upper house shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation when executive head is tried, the chief justice of respective territory shall preside, and no person shall be convicted without the concurrence of two thirds of the members present and voting and majority of the total members of the house.
Section 14: Judgement in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit under the union, but the party convicted shall nevertheless be liable and subject to indictment, tried, judgement and punishment, according to law.
Section 15: The legislature shall assemble at least twice in every year, and there shall not be more than six months gap between two sessions of legislature.
Section 16: Majority members of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent members, in such manner, and under such penalties as provided by the law.
Section 17: The rules of proceedings punish its members for disorderly behaviour, shall be regulated by rules made by each house and by law.
Section 18: Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgement require secrecy, and yes and no of the members of each house on any question shall, at the desire of one third of those present, be entered on the journal.
Section 19: Neither house, during the session, shall, without the consent of the other, adjourn for more then three days.
Section 20: The members of the house shall in any civil cases be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same, and for any speech or debate in either house, they shall not be questioned in any other place.
Section 21: No member of either house shall, during the time for which he was elected, be appointed to any civil office under the authority of the Union, which shall have been created, on the emoluments whereof shall have been increased during such time: and no person holding any office under the union, shall be a member of either house during his continuance in office.
Section 22: All bills for raising revenue shall originate in the lower house, but the upper house may propose or concur with amendments as on other Bills.
Section 23: The Annual Financial Statement shall be presented on the last Friday of January; it can be debated in the month of February and shall be passed from that house on or before last Friday of February. After that upper house will consider the bill for next one week and either approve it or disapprove it with its amendment before first Friday of March. In case lover house is not ready to accept the amendment made by upper house, before second Friday of March than same shall go for consideration in joint meeting, where bill from both the houses shall be discussed and voted on or before third Friday, and the one which succeed shall be presented to the executive head for approval, who can give his approval or disapproval before next Wednesday, failing which it shall be deemed to have got the approval. In case bill is returned with the objection to the legislature, it shall be considered in the joint sitting of legislature, for next three days, from Thursday to Saturday, and than decision of joint sitting of legislature shall be final and shall not require the approval of executive head. Though one copy of the same will be forwarded to his office. This bill will take effect from first April of the same year to thirty first March of next year.
Section 24: When legislature house is considering the Annual Financial Statement, it will not be allowed to consider any other matter except for first one hour of its sitting.
Section 25: Every bill except Annual Financial Statement, which shall have passed the lower house and the upper house, shall before it become a law, be presented to the Executive head of that government, if he approves he shall sign it, If any bill shall not be returned or shall not be denied approval by the executive head within forty five days, same shall become a law, in like manner as if he had signed it, otherwise with his objections executive head shall return the bill to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall like wise be reconsidered, and if approved by two thirds of that house, it shall be presented to the executive head who shall either approve it or can with reasons recorded in writing shall be presented before the people for referendum, who shall have final say on it. But in all such cases the votes of both houses shall be determined by yes and no, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively.
Section 26: Every order, resolution, or vote to which the concurrence of the upper and lower house may be necessary (except on a question of adjournment) shall be presented to The Executive head, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be re-passed by two thirds of both the house, according to rules and limitations prescribed in the case of a bill.
Section 27: The Union Legislature shall have exclusive power to legislate on the subjects related to customs duty and import and export, borrow money from the foreign countries or foreign institutions, to regulate commerce with foreign nations, and among its territorial units, to establish a uniform law of citizenship and naturalisation, and uniform law on the subject of bank receipts throughout Bharat, to coin money, regulate the value thereof and of foreign coin, and fix standard of weight and measures, patient and copy right law, judicial system, to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water, to create any air force, navy and any other force and maintenance of it, uniform law on any other subject for the nation.
Section 28: All Legislatures shall have power to make law on any subject other then those prohibited by any other provision of the constitution but the same should not violate the law enacted by any superior government.
Section 29: The executive head may address either house of legislature or both houses assembled together and for the purpose require the attendance of members.
Section 30: At the commencement of the first session after each general election and at the commencement of first session of each year the executive head shall address both houses of parliament assembled together and inform legislature of the causes of its summons.
Section 31: At any sitting of either house, while any resolution for removal of, speaker, deputy speaker or deputy executive head from his office is under consideration, the person whose removal is under consideration shall not, preside any such proceeding, though he may be present.
Section 32: A member holding office as speaker or deputy speaker of either house shall vacate his office, if he ceases to be a member of that house, on way at any time, by writing under his hand addressed, if such member is the speaker to the deputy speaker and if such member is deputy speaker, to the speaker, resign his office and may be removed from his office by a special Majority. Provided that no resolution for the purpose of removal shall be moved unless at least fourteen days notice has been given of the intention to move the resolution.
Section 33: If any provision of a law made by the legislature of a subordinate government is repugnant to any provision of a law made by legislature of a superior government, the law made by superior legislature, shall prevail and the law made by the legislature of the subordinate government shall, to the extent of the repugnancy, be void.
Section 34: It shall be the duty of legislature to make law for implementation of the provision of the Constitution. If required the judiciary can order the legislature to make the law on the subject in the given time frame.
Section 35: Special majority: Majority of member of that house and two third of person voting.
Section 36: Simple majority: Majority of person voting in that house.
To see all articles of writer visit www.bharatsangh.com

Article 5 - The Executive

Section 1: The executive power shall be vested in a executive head, who shall be elected directly by the people of that territory, he shall hold his office during the term of four years, and together with the Deputy executive Head, chosen for the same term in same manner.
Section 2: A person wants to be a candidate for the post of executive head shall have, attained the age of thirty five years for Union and Province and thirty year for others posts of executive head, should have been at least fifteen year inhabitant of Bharat in case of Union Executive Head, Nine year inhabitant of the Province in case of Province Executive Head and three year inhabitant of the local area from where he wants to be Executive Head and his nomination is supported by one tenth member of Upper house of that government or one fifth member of lower house of that government or has been executive head of last government or is a official candidate of a Recognised party of that level or has been supported for the post by at least one fifth subordinate government.
Section 3: In case of the removal of the Union Executive from his office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the Deputy Executive Head and the Upper house may appoint Executive in case of removal, death, resignation or inability both of the Executive head and deputy executive head.
Section 4: The Executive head shall be Commander-in-Chief of the forces working in his territory.
Section 5: The Union Executive head shall have power, by and with the advice and consent of the upper house to make treaties, provide two thirds of the member of upper house present concur, and he shall nominate, and by and with the advice and consent of upper house, shall appoint ambassadors, other public ministers and consuls, judges of Supreme court, and all other officers of the Union where appointments are not herein otherwise provided for, and which shall be established by law, but legislature may by law regulate the appointment of such inferior officers, as they think proper.
Section 6: The Union Executive shall receive ambassadors and other public ministers, he shall ensure that the law is being faithfully executed.
Section 7: The Executive head and Deputy head and all civil officers, shall be removed form office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanours.
Section 8: A person who holds, or who has held office, as Executive head shall not be eligible for re-election to that office for three consecutive terms.
Section 9: When a executive head is to be impeached for violation of the constitution, the charge shall be preferred by lower house of legislature but no such charge shall be preferred unless the proposal to prefer such charge is contained in a resolution which has been named after at least fourteen days notice in writing signed by not less than one fourth of the total number of member of the house has been given of their intention to make the resolution, and such resolution has been passed by a special majority. When a charge has been so preferred by lower house of legislature, the upper house may with special majority may suspend executive held for next one month during which impeachment proceeding must end. And then charge to be investigated by the upper house, which shall be presided by the chief justice of that area during which the executive head shall have the right to appear and to be represented at such investigation. If as a result of the investigation a resolution is passed by a special majority of the upper house declaring that the charge preferred against the executive has been sustained, such resolution shall suspend the Executive head for next one month during which matter shall be decided by the people of that area through referendum. And that shall be final.
Section 10: The executive head shall have the power to grant pardons, reprieves, respites or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence if the majority of the upper house supports the same.
Section 11: There shall be a council of minister to aid and advice the Executive head, which shall be appointed by the Executive head with the concurrence of the member of upper house. The minister shall hold office during the pleasure of the executive head. Maximum number of minister to aid and advice in the Union shall not be one tenth of the total membership of both houses of legislature. But there shall be minimum one minister to aid and advice the executive head.
Section 12: Save as otherwise provided, Union legislature by law, divided border area into different parts and that will be administered by the Union Executive head, to such extend as he thinks fit, through Chief Border area administrator (CBAA) and Deputy and Assistant (BAA) to be appointed by him with concurrence of the upper house.
Section 13: The Union legislature may regulate the administration of National Capital in the manner and to the extend as mentioned in previous Section about Border area but the area shall be administered by a administrator who shall be responsible to the union executive head.
Section 14: All other Executive head shall perform the same duty as provided in the constitution and as legislature of that government has the jurisdiction.
To see all articles of writer visit www.bharatsangh.com

Article 6 - The Judiciary

Section 1: The judicial power of the Union shall be vested in one Supreme Court in Bharat, a High Court at each Province and in national capital and in such inferior courts as the law may from time to time ordain and establish. The judges of Supreme Court, High Court and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2: Subject to the provisions of this constitution Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Bharat Sangh and any Province or Provinces on one side and one or more then one Province on the other or between two or more Provinces.
Section 3: An appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in the territory of Bharat, whether in a civil, criminal or their proceeding if the High Court certifies that the case involves a substantial question of law as to the interpretation in this constitution, The Union legislature by law confer on Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence. But not withstanding any thing in this Section the Supreme Court may, in its discretion, grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of Bharat.
Section 4: The Supreme Court shall have the advisory power in case the executive head seeks it, and the Supreme Court shall have power to make rules for regulating generally the practice and procedure of court subject to law made by union legislature.
Section 5: The judge of the Supreme Court and High Court can be removed from his office as procedure laid down for removal of Executive head and if the Union Upper house find him guilty he shall be treated as been removed but such proceeding should be chaired by the speaker of the house and the same cannot go for referendum.
Section 6: Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercised jurisdiction.
Section 7: The Union legislature may by law extend the jurisdiction of High Court to, or can set up separate High Court for any border area.
Section 8: Law of the Union legislature and Provincial legislature shall regulate all other provisions.
Section 9: The appropriate legislature may by law provide for trial by tribunal of any disputes, complaints or offences.
Section 10: An autonomous body called All Bharat Judicial Commission shall be set up to aid and advise on the matter of appointment and transfer of the judges of the Supreme Court, High Court and other inferior Courts.
To see all articles of writer visit www.bharatsangh.com

Article 7 - The Autonomous Body

Section 1: Any subject which competent legislature decides to be kept out of political interference shall be brought under an autonomous body, which shall be known as Commission of that subject.
Section 2: The chairman and other members of commission shall be appointed by the competent executive head on the advice of committee made for the purpose and with the concurrence of the special majority of the upper house.
Section 3: A chairman and member of Commission can be removed in the same manner as the Chief judges of the respective territory.
Section 4: All bodies made for adjudication until not working under Judiciary shall be working under an autonomous body.
To see all articles of writer visit www.bharatsangh.com

Article 8 - Planning

Section 1: There should be a planning commission, at each hierarchy of territorial units, which shall make development plan for that area.
Section 2: Plans should be divided into three broad category i.e. short term, medium term and long term.
Section 3: Every plan needs implementation in coming Annual Financial Statement shall be called short-term plan.
Section 4: Every plan needs implementation in next five year shall be known as medium-term plan.
Section 5: Every plan, which will be implemented in more than five years, shall be known as long-term plan.
Section 6: The Union legislature shall provide by law the formula for grant and loan to the subordinate government.
Section 7: The respective planning commission, shall make plan according to requirement and shall send the same to Apex planning commission, after getting approval by the legislature. The Apex planning commission shall take appropriate decision within three month in case of short-term plan, one year in case of medium-term plan and two year in case of long-term plan. In case Apex planning commission fails to approve or disapprove plan made by subordinate planning commissions than same can be implemented by the respective planning commission by utilising their own recourses. In case the Apex planning commission find any thing wrong including insufficiency of fund to implement plan it should communicate the same to the subordinate government within six month from the date of receipt of that proposal otherwise the subordinate government shall be free to conclude that Apex commission did not have problem with the proposal.
Section 8: More resources shall be provided by the Planning Commission in implementation of development projects of backward area.
To see all articles of writer visit www.bharatsangh.com

Article 9 - Finance and Revenue

Section 1: There shall be one Comptroller and Auditor-General (CAG) of Bharat, who shall be an autonomous body.
Section 2: The CAG shall not be eligible for further office either under the Government of Bharat or under any other subordinate government after he has ceased to hold his office.
Section 3: Duty of CAG of Bharat shall be to prescribe the guidelines under which all accounts to be maintained. It shall be his duty to ensure that all records are maintained according to guidelines issued by him.
Section 4: It shall be duty of CAG to Audit the record of all government agencies and the reports of the CAG of Bharat relating to the accounts of the various hierarchy of government shall be submitted to the Executive Head of the respective government, who shall cause them to be laid before each House of respective legislature.
Section 5: The Legislature may exempt from ad valorem taxation tangible personal property that is held or used for the production of income and has a taxable value of less than the minimum amount sufficient to recover the costs of the administration of the taxes on the property, as determined by or under the general law granting the exemption.
Section 6: The Legislature by general law shall exempt from ad valorem taxation household goods not held or used for the production of income and personal effects not held or used for the production of income. But government shall put tax on luxurious items. The Union legislature shall decide by law which item can be termed as luxury.
Section 7: House couldn't be given on rent without prior approval of local government. A twenty percent tax of rent shall be paid to local government on the rent against which local government shall be responsible for recovering the rent and vacating the rented property according to condition laid down in agreement.
Section 8: Real and tangible personal property, unless exempted as required or permitted by this Constitution, whether owned by natural persons or corporations, other than municipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law.
Section 9: The Legislature may provide for the taxation on intangible property and may also impose occupation taxes, both upon natural persons and upon corporations, other than municipals, doing any business, Persons engaged in agricultural pursuits shall never be required to pay an occupation tax.
To see all articles of writer visit www.bharatsangh.com

Article 10 - Amendment of the Constitution

Section 1: Whenever both the house of Union legislature deem it necessary, shall propose amendment to this constitution with two third majority or on the application of the legislature of two thirds Provinces, shall call a convention for proposing amendments, which in either case, shall be valid as constitutional amendments when ratified by the legislature of three fourth Provinces. But if said proposal for the date of it being proposal couldn't get required support than it will lapse after completion of seven year.
To see all articles of writer visit www.bharatsangh.com

PART III - FUNDAMENTAL RIGHTS AND DUTIES

Article 11 - Fundamental Rights of Citizens
Article 12 - Fundamental Duties of States
Aritcle 13 - Fundamental Duties of Citizens
To see all articles of writer visit www.bharatsangh.com

Article 11 - Fundamental Rights of Citizens

Section 1: The state shall not deny to any citizens equality before the law or the equal protection of the law within the territory of Bharat.
Section 2: Nothing in this Article shall prevent the state from providing financial and other required assistance to people who are elderly, sick, disabled, unemployed, widowed or bringing up children.
Section 3: Subject to provisions of other Article of the constitution all citizens shall have right to freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of Bharat and to reside and settle in any part of the territory of Bharat and to practise any profession as to carry on any occupation, trade or business.
Section 4: No citizen shall be convicted of offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor 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. No citizen shall be prosecuted and punished for the same offence more than once, and no citizen shall be accused of any offence shall be compelled to be a witness against himself. No citizen shall be deprived of his life or personal liberty except according to procedure established by law.
Section 5: In all criminal prosecutions, the accused shall enjoy the right to a speedy trial, by an impartial court, and to be informed of the nature and cause of the accusation, to be confronted with the witness against him, to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence.
Section 6: Traffic in human beings and involuntarily servitude and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
Section 7: No citizen who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest in writing and a copy of same shall be provided to the near relative of that citizen, and a copy of same shall be made available within three hours to nearest office of social security department (SSD).
Section 8: Every citizen who is arrested or 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 citizen shall be detained in custody beyond the said period without the authority of a magistrate.
Section 9: No law providing for preventive detention shall authorise detention of a citizen for a longer period than three months unless an advisory board consisting of citizens who are, or have been 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 opinions sufficient cause for such detention.
Section 10: No child below the age of fourteen years shall not be employed to work at any place.
Section 11: Every citizens shall have right to access to all public document which are not classified as secret by the appropriate legislation and copy of such documents shall be provided to citizens on charge provided by law within seven days of such application.
Section 12: Every citizens should have right to early disposal of his application for which any application made to any public authority shall be placed in the BIN (Bhartiya Information Network) and the same shall not remain pending at one hierarchy for more then seven days and in any case should be disposed of within forty five days. In case any public authority keeps that application for more then seven days in pending then he should inform in writing to the applicant for reason of such delay before expiry of that seven days and carry on doing the same till disposal of such application and a copy of same should be displayed of such order in BIN.
Section 13: Every citizen shall have right to compulsory education up to the age of fourteen and further shall not be denied of education and shall be provided with facility at later stage according to other promises of the constitution.
Section 14: A citizen shall have right to free health services according to provisions provided in the constitution and other law made by legislature.
Section 15: A citizen shall have right to fresh water subject to provision of law.
Section 16: A citizen shall have right to exemption from tax on his property being used for personal purpose except luxury items.
Section 17: A citizen shall have right to livelihood according to provisions of constitution and law.
Section 18: Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
Section 19: Marriage shall be entered into only with the free and full consent of the intending spouses.
Section 20: The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Section 21: All marriages shall be registered by the State. It will be unlawful to force anyone to marry against his or her will or to bring about a marriage by fraudulent means.
Section 22: Members of the family are in an advantageous position in matters of succession. If death occurs without a valid will, the spouse and children of the deceased have priority. Children have equal rights of inheritance from parents whether the parents are married or unmarried. But female member of a family can be compensated against his share in property, at the time of marriage. But such compensation should not be less than one half to her actual share in case she could have remained unmarried. If a female feels that she was not compensated adequately at the time of marriage, she shall be free to file a case for recovering such dues within thirty days from date of marriage, otherwise it shall be presumed that she was adequately compensated and no suit shall be entertained which are filed after expiration of given thirty days.
Section 23: Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. Compensation is paid for any losses suffered through compulsory purchase or the deterioration of property as a result of activities by public authorities.
Section 24: The youth courts shall try Children for violating the criminal law.
To see all articles of writer visit www.bharatsangh.com

Article 12 - Fundamental Duties of States

Section 1: The state shall in particular, secure to all men and women equally right minimum means of livelihood according to provisions law.
Section 2: The state to ensure that opportunity for securing justice are not denied to any citizen by reason of economic or other disability.
Section 3: The state shall secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement according to provision of the constitution and law.
Section 4: The state to make law and provide facility so that the fundamental rights of the citizens are secured.
Section 5: The State should establish an environment commission to ensure sustainable development of the nation.
Section 6: There shall be one or more disaster management cell to deal with specific or common disasters, the state to ensure that disaster plan should always remain ready and should be reviewed every two years or earlier. There should be separate disaster plan for different kind and category of natural disaster and man-made disasters. Such plan should clearly mention preparation to be kept by various units and response they should give in case of a specific disaster. Duty of each agency and part of government should be defined properly so that they can act without delay on the receipt of a call of emergency. All relevant agencies will be well acquainted with the duty they need to perform at such time of disaster. Generally a copy of the plan and action should be provided to relevant agencies if such information is not going to adversely affect the national security.
Section 7: The competent legislature shall accept the disaster management plan on the recommendation of disaster management cell.
Section 8: The State shall arrange for compulsory defence training of three month to every citizens of the country.
Section 9: Defence training should be added in education curriculum just after completion of elementary education.
Section 10: State should make all endeavours to ensure that there is no shortage of power for the people. It shall be duty of the state to discourage the wastage of electricity, and ensure that theft of electricity does not take place. It shall be primary duty of the Union government to generate the electricity. Every connection of electricity shall be provided with a mitre to monitor the consumption of electricity. It shall be duty of state to provide minimum required electricity in subsidised rates to domestic consumer. Non-conventional source of energy should be encouraged.
Section 11: There shall be Super Highway, Express Highway, National Highway, Provincial Highway, connecting road, rural road and urban roads. Superhighway must consist of eight lanes, Express Highway of six lanes, National Highway of four lanes, Provincial Highway of two lanes and other roads should be wide so that two vehicles can cross each other. Rural and Urban roads, which are narrow in comparison to the above roads, may be declared one way if required and possible.
Section 12: A road can be declared as certain type of road only when the declaring authority has fulfilled the minimum standard required according to law for that road.
Section 13: All Provincial capital to be connected by the National Highways. In the same manner all district headquarters to be connected by the Provincial Highway. Road connecting villages with the main road and towns shall be known as connecting-road. Road inside the village if not classified as any other type of road, shall be known as rural road. Road available inside the metropolitan or municipality if not classified as any other road than shall be known as urban road.
Section 14: Union Government shall regulate for Construction and maintenance of the Super Highway, Express Highway and National Highway. Provincial Government shall arrange for Construction and maintenance of the Provincial Highways and connecting roads. Respective local Government shall arrange Construction and maintenance of the rural and urban roads.
Section 15: The Union legislature may by law declare any road as strategic road and union government shall arrange for construction and maintenance of such roads.
Section 16: Roads heretofore constructed or which may hereafter be constructed under provision of law for the public purposes are declared public roads. The Legislature shall pass laws to regulate road, freight and passenger tariffs, to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different roads in this state, and enforce the same by adequate penalties; and to the further accomplishment of these objects and purposes, may provide and establish all requisite means and agencies invested with such powers as may be deemed adequate and advisable.
Section 17: Railway heretofore constructed or which may hereafter be constructed in Bharat is hereby declared public railways. The Legislature shall pass laws to regulate railway, freight and passenger tariffs, to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railways, and enforce the same by adequate penalties; and to the further accomplishment of these objects and purposes, may provide and establish all requisite means and agencies invested with such powers as may be deemed adequate and advisable.
Section 18: A railway adjudication tribunal to be established to adjudicate upon dispute arise out of violation of law made to implement provision of this Article.
Section 19: It shall be the duty of the state to discourage cash transaction and encourage transaction through negotiable instruments and electronic money.
Section 20: The State should ensure that each legal personality has a bank account.
Section 21: Until the account holder requests the contrary, all the accounts should be transparent.
To see all articles of writer visit www.bharatsangh.com

Article 13 - Fundamental duties of citizens

Section 1: Every citizen shall be abide by the constitution and respect it ideals and institution, the national flag and the national anthem.
Section 2: Every citizen shall utilise its fundamental rights and other rights in a manner so that it should not violate fundamental rights and legal rights of other citizens.
Section 3: Every citizen to uphold and protect the sovereignty, unity and integrity of Bharat.
Section 4: To defend the country and when required in emergency should be ready to render national service.
Section 5: To promote harmony and the spirit of common brotherhood amongst all the people of Bharat transcending religious, linguistic and regional or Sectional diversities, to renounce practices derogatory to the dignity of any human being including women.
Section 6: To value and preserve the rich heritage of our composite culture.
Section 7: To work for the sustainable development without undermining the national interest.
Section 8: To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
Section 9: To develop the scientific temper, humanism and the sprit of enquiry and reform.
Section 10: To safeguard public property and to abjure unneeded violence.
Section 11: To strive towards excellence in all spares of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
Section 12: The legislature shall make suitable law to ensure adherence of these duties.
To see all articles of writer visit www.bharatsangh.com

PART IV - SOCIAL WELFARE

14 Social Security
15 Health
16 Employment
17 Language
18 Education and Literacy
19 Population
To see all articles of writer visit www.bharatsangh.com

Article 14 - Social Security

Section 1: Until the context otherwise provide direction, superintendence and control of all social assistance including coordinating of all social assistance and other social activity shall be vested in the social security department (SSD). This department shall have its offices at every hierarchy of government and at other required places.
Section 2: It shall be the duty of SSD to establish a information Network in Bharat which shall be known as the Bhartiya Information Network or BIN which shall contain all information of government including all their records which has not been classified as secret and disclosure of which does not jeopardise the public or national interest.
Section 3: The SSD should issue Social Security Number (SSN) to every citizen and in the same manner Identification number should be issued to each valuable items including land and to other legal persons.
Section 4: All transaction related to a person must contain his SSN or Identification Number (IN).
Section 5: Details of property held by a person shall be made accessible through SSN and Identification number and shall also be accessible through location and these should be allowed to cross checked.
Section 6: Every citizen shall have right to a standard living, adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
Section 7: Motherhood and childhood are entitled to special care and assistance. Children, whether born in or out of wedlock, shall enjoy the same social protection.
Section 8: The social security system should aim to provide financial help to people who are elderly, sick, disabled, unemployed, widowed or bringing up children. The system includes contributory national insurance benefits covering sickness, invalidity, unemployment, widowhood, and retirement. There shall be statutory sick pay and maternity pay for their employees by employers. Another part of the system shall consist of non-contributory benefits such as child benefit paid for every child in a family and a range of benefits for severely disabled people and those looking after them.
To see all articles of writer visit www.bharatsangh.com

Article 15 - Health

Section 1: Every local government shall provide one dispensary at local level, where doctor shall be sitting minimum an hour everyday according to schedule and health assistance shall be available round the clock.
Section 2: There shall be Janpad Hospital by Janpad government at each Janpad where a patient can be treated for normal disease and there should be facility for indoor treatment with transport facility to cover the whole area under the Janpad.
Section 3: There shall be a district hospital at each district with indoor and outdoor treatment facility with minimum specialist required to tackle the decease.
Section 4: Each Province shall have a medical collage from where transportation facility to the district Hospital and Special hospital shall be available according to requirement. Provincial government shall establish this.
Section 5: The Union government shall provide one hospital to each Province dedicated to single disease having best specialist. The Union shall also provide number of hospital in the whole union according to requirement, which should be capable of dealing all kind of eventuality with transport facility between various medical collages.
Section 6: Legislature should provide for compulsory medical insurance for those who are in a position to afford it.
Section 7: A local health authority may apply to the court for a childcare order. The court can only make this if it is satisfied that the child is suffering, or is likely to suffer, significant harm.
Section 8: There should be compulsory programs of immunization against diseases likely to harm child.
To see all articles of writer visit www.bharatsangh.com

Sunday, March 9, 2008

Article 16 - Employment

Section 1: Every employer must declare, within two weeks of his employing, any employee in service.
Section 2: The state shall publish pay scales, which can be provided to an employee with no upper limit, and an employer can provide any scale among these. All employers shall pay the salary to their employee through bank only.
Section 3: Each unemployed should get clothes, shelter, food and little money for expenditure according to law, against which he shall be required to work for the state as per direction or go for further education according to desire of state.
Section 4: Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Section 5: Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. The basic working hours shall be about forty hours in a week. A five-day week shall usually work. Overtime shall be paid at same or higher rates.
To see all articles of writer visit www.bharatsangh.com

Article 17 - Language

Section 1: The official language of the Union shall be Hindi in Devnagari script.
Section 2: A territorial unit by referendum may adopt any one language as official language of territorial unit.
Section 3: All education shall be provided either in official language of Union or official language of territorial unit or in English, but in any case at least half syllabus of the education must be taught in English medium except the learning of language.
Section 4: Two or more Province can agree on any language to be the official language for communication between such Provinces. Otherwise the language of communication between the Provinces and between the Provinces and Union shall be Hindi and English.
To see all articles of writer visit www.bharatsangh.com

Article 18 - Education and Literacy

Section 1: A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the State to make suitable law for establishing, supporting and maintenance of an efficient system of public free schools for elementary education and other schools for higher and special education.
Section 2: Education shall be divided into elementary education, Higher education and special education.
Section 3: The local government shall provide for compulsory elementary education.
Section 4: The Provincial government shall provide for Higher education, which shall include most degree level courses of different branches.
Section 5: The Union government shall arrange for establishment, control and maintenance of specialist institution at least one at every Province on one field and in doing so Union government shall ensure that there should not be gape of more then one institution between maximum and minimum institutes in any two Provinces.
Section 6: State must insure that no one is denied admission in any field of education merely because he lacks in monitory resources.
Section 7: State should provide by law recovery of money paid off on education of person, when he start earning at some later stage. But no law can recover money from a citizen who does not have income after completion of education.
Section 8: Yoga and Sports shall be essential part of elementary education.
Section 9: Denial of convergence to every citizen is denial of right to information and education thus at every village and at every ward of a city, the state shall ensure a Convergence centre generally with Internet facility. All citizens below poverty line shall have access to these centres at least one hour a day free of cast. All citizens above poverty line shall be provided with access to these convergent centres at minimum cost, which, shall be decided by law. Internet line to citizen shall be provided chiefly at their residence.
To see all articles of writer visit www.bharatsangh.com

Article 19 - Population

Section 1: There should be two-child norm in general till population of the country come under control.
Section 2: The state should ensure that generally birth of child takes place in government-recognised health centres.
Section 3: There should be compulsory fertility elimination operation after birth of second child.
Section 4: A couple chooses to adopt fertility elimination method after one child, shall be provided with special benefits which must include an amount equal to that of per-capita income of country of one year. Union and Provincial government through provision of law shall provide other benefits.
Section 5: The Union government shall stop providing special benefits by enacting law if in the opinion of Union government population of country has came under control and no more these special methods are required for population control. But any such law will not affect those who have already come under the special benefit.
Section 6: Any person in contravention of this Article give birth to third child, shall be punished with amount equal to that of Per-capita income of two year of nation and he shall cease to be qualified for any post which obtains remuneration from the government. He shall not be provided with any assistance, which is available through social security programme.
Section 7: A person should not be treated violator of two-child norm if his third and next to third child is result of nature, which is not in his control.
Section 8: If a couple want to take benefit of one child norm and get themselves registered for it before date of delivery, and happen to get twin child, the couple and the each child shall be entitled for benefit of one child norm.
To see all articles of writer visit www.bharatsangh.com

PART V - POLITICAL PROCESS

20 Election
21 Political Parties
22 Referendum
23 Recall
24 Impeachment
25 Emergency
To see all articles of writer visit www.bharatsangh.com

Article 20 - Election

Section 1: The superintendence, direction and control of the preparation of the electoral rolls for, and conduct of, all elections of legislature and executive posts under Bharat Sangh shall be vested in a election commission referred to in this constitution as the Election Commission.
Section 2: The election commission shall consist of one chief election commissioner and other two election commissioners, who shall act as an autonomous body.
Section 3: There shall be regional election commissioners who shall be appointed by the executive head of that territory on advice of immediate superior election commissioner.
Section 4: Regional Commissioner shall not be removed from office except on recommendation of CEC.
Section 5: Referendum on any subject shall be conducted by the CEC according to provisions of the constitution and law made for the purpose.
Section 6: All election disputes including first appeal shall be decided by court of same hierarchy and wherever possible by superior hierarchy at lest three days prior to date of oath.
Section 7: Every person who is a citizen of Bharat and who is not less than eighteen year of age on the date of election may be fixed in that behalf by or under law made by appropriate legislature and not otherwise disqualified under this constitution or any other 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.
Section 8: Generally a government servant shall not be allowed to get involved in Political activity. But he wish to be a candidate for any post in local government except of Union and Province, he should give prior notice of one year of his intention to contest election with the area from where he wants to contest. The government once receives such letter should ensure that he is no more posted in the area to which he wants to represent. If a government servant wins the election, he will receive the remuneration same as he was receiving as a government until he resign from that government post and becomes fulltime political member. Such government servant will be given special leave during period for which legislative body to which he is a member is under session. In case such government servant want to contest for the post of Executive head or Deputy Executive Head he will need to give a conditional resignation from service for acceptance of it in case he wins the election. A government servant cannot be a candidate for representing any political post in union or Province government.
Section 9: Election for all the executive and legislative vacancy shall be held through second ballot system. In this system the election is cancelled if no candidate gets absolute majority of votes. And it is held again in which only two candidates (who had secured highest number of votes in the cancelled election) are allowed to context.
Section 10: A person cannot be candidate in election if charge has been framed against him at least three month before the date of election, for offence, for which he may be awarded maximum ten years of imprisonment or has been convicted for such offences. But if a person against whom charges have been framed believes that he has been falsely implicated in the case, he can approach to the court of same hierarchy for which he want to be candidate, at least six weeks before the nomination for the election is filed, and demand his trial within next four weeks. Court thereby to decide whether he is prima facie guilty of that offence or not if answer is negative he shall be allowed to contest in the election.
Section 11: Election for all posts going to be filled by adult franchise shall be held on the second Sunday of November and wherever it is required the second round of election shall be held on forth Sunday of November.
Section 12: The counting of vote should take place in the coming Wednesday next to the date of election.
Section 13: All the legislative bodies should start their function with effect from Second Monday of January.
Section 14: All the executive head shall take oath and takeover their offices with effect from third Monday of January.
Section 15: The internal election of legislative bodies should take place on third day of their first meet or immediate after that day if not possible on that date.
Section 16: In case of equal votes by two contester one who is outgoing holder of that post shall use his decisive vote.
Section 17: No person can contest election for more than one post at once.
Section 18: The notification for the election shall be issued five week before the first round of election. The filing of nomination shall begin four week before the first round of election. The filing of nomination shall close before three week of election. A candidate can take his candidature back before two week of first round of election.
Section 19: A candidate for any post of legislature or executive from a recognised political party shall be one who has been duly elected for such post according to rule of the party until law for such election is made.
Section 20: If a person intend to be candidate for any post, demands, that election to be conducted in presence of observer of election commission then entire internal election of a registered political party shall be conducted in presence of election observer of election commission.
Section 21: All bill deadlocked between Executive Head and legislature shall be placed for referendum at the time of general election.
To see all articles of writer visit www.bharatsangh.com

Article 21 - Political Parties

Section 1: An association or body of individual citizens of Bharat calling itself a political party and intending to avail itself privileges and authority given to a political party, is required to get it registered with the Election Commission of Bharat to be recognised as registered Political Party.
Section 2: The candidates set up by a political party registered with the Election Commission of Bharat will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. Further, registered political parties, in course of time, can get recognition as recognised party of a particular territory, subject to the law made by Union legislature and provision of the constitution. If a political party is recognised for a particular territory, it will be entitled for exclusive allotment of its reserved symbol to the candidates set up by it in that territory.
Section 3: Election commission should not allot any mark as political symbol, which cannot be prohibited, to be carried, inside polling station.
Section 4: The Executive Head of the Political Party should duly authenticate the copy of the party Constitution on each page and the seal of the signatory should be affixed thereon.
Section 5: Three month after the general election organizational election of each political party to be held, this would include election of office-bearers of the party.
Section 6: All posts of office bearer i.e. members of main decision making organs like Executive Committee or Executive council must be elected. Nomination for any post is not allowed under any circumstances.
Section 7: Election for office post should start from lower hierarchy and should go for top hierarchy and must complete before expiration of one year since last election.
Section 8: Normal term of office bearer of a political party should be two year. The President of party and other office bearer should not remain in any post for more than two consecutive terms.
Section 9: A candidate from a political party should be decided by internal election.
Section 10: The Union legislature may by law provide rules and regulations to regulate the internal affairs of the party.
Section 11: A political party shall be treated as a recognised political party of the area, if and only if such party has been engaged in political activity as a registered political party for a continuous period of four years; and has got not less then fifteen percent of valid votes polled by all contesting candidates at such general election of that area and shall be derecognised as Political Party of that area if it fails to get minimum fifteen percent of votes in two consecutive elections.
Section 12: All political parties should maintain a record of money it is receiving, and all such money must provide with receipt.
To see all articles of writer visit www.bharatsangh.com

Article 22 - Referendum

Section 1: The referendum is the power of the electors to approve or reject the proposal of the State.
Section 2: A referendum may be held for any thing as provided in other part of the constitution.
Section 3: A referendum shall preferably be held with the general election.
Section 4: A referendum can be moved by the people with approval of majority of voters of the respective territorial unit.
Section 5: A brief explanatory statement of the nature of a proposed referendum, together with the date of the election and the wording of the proposition as it is to appear on the ballot, shall be published twice in each newspaper in the area which meets requirements set by the Legislature for the publication of official notices of offices and departments of the respective government. The explanatory statement shall be prepared by the Secretary of that government and shall be approved by the Attorney of that government including Election Commission. The Secretary of State shall send a full and complete copy of the proposed referendum to each office of SSD of the area who shall post the same in a public place in the courts at least thirty days prior to the election on said referendum. The first notice shall be published not more than sixty days nor less than fifty days before the date of the election, and the second notice shall be published on the same day in the succeeding week. The Legislature shall fix the standards for the rate of charge for the publication, which may not be higher than the newspaper’s published rate.
Section 6: The referendum shall be held in accordance with procedures prescribed by the Legislature, and the Election Commission shall make returns to the Secretary of government of area, of the number of legal votes cast at the election for and against each referendum. If it appears from the returns that a majority of the votes cast have been cast in favour of a referendum, it shall become a part of respective law, and the appropriate Election Commission thereof shall make Proclamation.
To see all articles of writer visit www.bharatsangh.com

Article 23 - Recall

Section 1: Recall is the power of the electors to remove an elective officer.
Section 2: Recall of a state officer or elected authority shall be initiated by delivering to the Election Commission a petition alleging reason for recall, with or without alternate name of a person whom they propose to appoint or elect in his place. Sufficiency of reason shall not be necessary. Proponents shall have one hundred and eighty days to file signed petitions after such initiation.
Section 3: A petition to recall an officer must be signed by electors equal in number to fifty percent of valid voter of that area.
Section 4: The Election Commission shall maintain record and specimen of the signatures of the voters.
Section 5: A recall election shall be conducted within ninety days if the next general election is not due in next one hundred and eighty days, otherwise it shall be held with next general election.
Section 6: If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor.
Section 7: The Election Commission shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.
Section 8: A state officer who is not recalled shall be reimbursed by the State for the officer's recall election expenses legally and personally incurred. A recall cannot be initiated against the officer until expiry of one year from the date of election or previous recall.
To see all articles of writer visit www.bharatsangh.com