Sunday, March 9, 2008

Article 25 - Emergency

Section 1: If the superior Executive head is satisfied that a situation has arisen in which executive head of any subordinate government is not carrying out his work in accordance with the provisions of this constitution, or doing something which is against the unity and integrity of the nation and contrary to the tranquillity then the superior executive head may have power to suspend that executive head for one month. The subordinate Executive Head shall be issued with show cause notice by suspending authority with allegation within one week from the date of suspension, failing which it shall be presumed that subordinate executive head has not performed wrong and shall resume office.
Section 2: On receiving the notice the suspended Executive Head shall reply that show cause notice within one week, failing which it shall be presumed that alleged Executive Head has nothing to urge in his defence.
Section 3: On the expiry of date to receive reply of show cause notice the Superior Executive head shall consider the reply if any and within one week either revoke his suspension or shall have option to send the person either for impeachment by his legislature or shall have option to send the case to constitutional bench of same hierarchy for consideration. In this scenario trial by constitutional bench or impeachment by the competent authority shall begin within Seven days and Suspension of such executive head shall extend for further one month. In these kind of cases the ordering executive head shall act as prosecution.
Section 4: The competent Legislature or Constitutional Bench shall start impeachment and trial within one week from the date of receipt of request and shall complete proceeding within one month. In case he is not found guilty his suspension shall end and he shall resume his office.
Section 5: In case the removal has been decided by impeachment than executive head shall have option to go before constitutional bench, which should decide case within one month by conducting day-to-day hearing of the case. And in case not found guilty by constitutional bench then he shall resume his office as executive head.
Section 6: In case he is found guilty originally by Constitutional Bench he shall have power to go to appeal to higher Judicial Constitutional Bench which shall decide such appeal within one month from the date of receipt of such application.
Section 7: Further appeal shall remain available but special time limitation for hearing shall not be there.
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