Sunday, March 9, 2008

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.
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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.
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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.
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PART V - POLITICAL PROCESS

20 Election
21 Political Parties
22 Referendum
23 Recall
24 Impeachment
25 Emergency
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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.
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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.
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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.
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