Monday, March 10, 2008

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.
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