Monday, March 10, 2008

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.
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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
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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."
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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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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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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.
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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.
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