Monday, March 10, 2008

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.
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