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Article 11.1
Sovereign Rights Commissions
Independent
authorities called "Sovereign Rights Commissions"
shall be instituted at the national and state levels with
authority to direct referendums, except on issues fundamental to
democracy or the integrity of the nation. There can, for
instance, be no referendum on making the state theocratic, or a
region seceding.
These commissions will hear petitions, hold consultations
with various stakeholders such as political parties, industry,
labour unions, farmers, women organisations and disadvantaged
communities, and organise public hearings at selected rural and
urban locations. Based on these, they will identify issues on
which a large number of citizens have expressed concern,
professionally draw up the issues with explanatory memorandums,
and direct the Election Commissions to organise referendums on
them along with the following local, state or national election,
as may be appropriate. On approval by the people in referendum,
the commissions with authenticate it in the name of the people
whereupon it shall become the law of the land.
The Sovereign Rights Commissions shall also be the
constitutional authority for interpretation of the Constitution.
If its interpretation is challenged before and set aside by a
superior court, it can seek decision by the people through
referendum.
In the bygone day, there used to be a royal priest ostensibly
functioning as the conscience keeper of the state, advising the
monarch on righteous conduct. The royal priest sometimes abused
authority. Superior to the royal priest, the Sovereign Right
Commissions will function as the conscience keeper of the state,
based on values of the society as a whole. They will
correct faulty institutions, policies and practices thereby
ensuring that is no or minimal exploitation and promoting an
egalitarian, self-reliant society. Often referendums may not be
necessary, since elected representatives, realising that there
was a higher authority — the people — that could overrule
it, would take decisions that the society as a whole would
favour.
The present Law and Human Rights Commissions shall stand
integrated in the Sovereign Rights Commissions. The Minorities
Commission, SC & ST Commissions, Backward Classes
Commissions, and Women’s Commissions shall stand integrated
with multi-stakeholder upper houses at the local, state and
national levels where they can best negotiate for their rights.
Note: Law and Human Rights Commissions will be integrated with
the Sovereign Rights Commissions, as their functions are
complementary. The Minorities, SC & ST, Backward Classes and
Women’s Commissions too will be integrated with the Sovereign
Rights Commissions so that, through the committees of the
Sovereign Rights Commissions, they can best negotiate for their
rights. They will also have opportunity to effectively negotiate
for their rights in the stakeholder upper houses at the local,
state and national levels.
Article
11.11 Local Sovereign Rights Councils
If more than 50
per cent grassroots parliament in any local entity through
resolution so demand, the Sovereign Rights Commissions at the
state level shall institute a Sovereign Rights Council in the
said local entity. It will consist of member identified by the
said Commission and will oversee that the sovereign rights of
the people to information, consultation, participation and
referendum are properly instituted and accessible to the people
in the said jurisdiction.
Article
11.12 Review of Resource Allocation
An important
function of the Sovereign Rights Commissions and Councils shall
be to review every five years whether the allocation of
resources to local, state and national governments was
reasonable and appropriate or whether any adjustment was needed.
The proposals of the Commissions shall be referred to the people
for approval through referendum.
Article
11.13 Power of People to Demand Referendums
If more than 10
per cent grassroots parliaments, that is, village and/or urban
neighbourhood assemblies, in any local jurisdiction, through
resolution in open assembly, demand referendum on any issue,
local referendum on that issue will become mandatory. Thus if a
sovereign rights commission, under political or business
pressure, does not direct referendum on an issue, grassroots
parliaments can initiate local referendum on it.
If, through a similar process, 10 per cent local governments in
a state adopt such a resolution, a state referendum on that
issue will become mandatory. And if 10 per cent states in the
nation adopt such a resolution, a national referendum on that
issue will become mandatory.
Article
11.2 Media Commissions
Press, often
called the fourth estate (the legislature, executive and
judiciary being the first three), plays an important role in
democracy. Of late, the electronic media is becoming
increasingly important. An independent and forthright media is
vital for nurturing responsible democracy. However, controlled
by business interests and often lacking professional autonomy,
the media is not able to play its due role. The present Press
Council of India lacks adequate authority to promote
accountability of the media to the society.
Independent constitutional authorities called media commissions
shall be instituted at the national and state levels. They will
replace the present Press Council and oversee that the print and
electronic media play an independent role essential in
democracy.
In order that the media is able to play its due role, it is
vitally important that the professional staff enjoys a fair
amount of autonomy to serve the community and inform it of
public matters without fear or favour. To facilitate this, the
media commissions shall protect the professional autonomy of the
editorial and reporting personnel of the print and electronic
media in the manner indicated below.
Whenever the appointment of the principal editor of a print or
electronic media is to be made, the owners shall select a
suitable professional for appointment. The selected professional
shall then have to appear before an appointments committee of
senior media and other professionals constituted by the
concerned media commission. The committee, if satisfied, shall
approve the appointment on contract for five years. The
termination of the contract and refusal to extend it up to the
age of 60 years shall also require the approval of the
appointments committee of the concerned media commission. The
principal editor shall in turn control the appointment and
termination of the other media professionals in the organisation.
The principal editor shall, as a consequence, exercise
professional autonomy and protect the other media professionals
so that they can report and edit without fear or favour. Media
that abides by such discipline shall be entitled to display
"Media professions protected by Media Commission" on
its publication or visuals. Such media alone shall be eligible
for state recognition and government advertisements and other
patronage.
The Media Commissions at the national and state levels shall
thus nurture the development of a responsible media accountable
to the society thereby facilitating responsible democracy. They
will give special attention to the development of a sound,
responsible media at the local level.
Article 11.3 Public
Attorneys
There shall be autonomous
district/city, state and national attorneys called District/City
Attorney, State Attorney General and Attorney General of India.
The District/City Attorney will be an independent constitutional
authority who will be in overall charge to civil litigation on
behalf of the state and who alone will have the authority to
sanction criminal prosecution of any citizen for crime in his
jurisdiction. The State Attorney General and the Attorney
General of India will be constitutional authorities sanctioning
civil and criminal appeals and arranging defence on behalf of
the state before the superior courts. They shall also advise the
state on constitutional issues.
Article 11.4 Election
Commissions
There shall be a National
Election Commission, State Election Commissions, and Local
Election Commissions, each consisting of three members. The
National and State Election Commissions shall issue guidelines.
The Local Election Commissions shall control and conduct all
elections.
The local election commissions shall give recognition to local
parties, the state election commissions to state parties and the
National Election Commission to national level parties. They
will have the power to revoke the recognition if after giving
due opportunity, they are satisfied that the party has violated
the regulations, guidelines or code of conduct.
Article 11.5 Public
Auditors
Every district and city
government shall have a District/City Auditors, every state
government a State Accountant General and the national
government an Auditor General of India. They will examine the
accounts and submit periodic and annual reports to the concerned
parliaments. Joint committees of the concerned assembly and
council shall consider their reports and examine the concerned
departmental heads. Based on these, the committees will prepare
their reports for consideration by the concerned parliament.
Article 11.6 National Bank
of India
The real national reserve
being the social and environmental wealth at the local level,
the Reserve Bank of India shall be renamed National Bank of
India. It shall be an autonomous body overseeing the monetary
policy and banking regulations. It will exercise strict control
over state borrowings and overdrafts. It will prescribe banking
regulations and oversee that they are adhered to. It will
coordinate with the finance ministry of the national government
but will function in an autonomous manner on monitory policy and
such other matters.
Article 11.7 Public
Service Commissions
Autonomous Public Service
Commissions shall be established at the local, state and
national levels for recommending candidates for public
appointment at the local, state and national levels
respectively. Promotions and termination of services at the
officer level will also require the approval of the concerned
public service commission.
The appointment of departmental heads on contract, with the
approval of the concerned parliament, shall be outside the
purview of the public service commissions. However, if the chief
executive wants it to propose panels for specified positions,
the commissions shall undertake to do so.
Article 11.8 Vigilance and
Investigation Agencies
Autonomous vigilance
commissions and bureau of investigation shall be instituted at
the local, state and national levels to keep vigilance and
investigate charges of corruption and other malpractice. The
Appointments Authority of Independent Functionaries shall be the
appointing authority of the heads of the vigilance and
investigation agencies.
Article 11.9 Public Trusts
Authority
In the context of Article
12.4 motivating business to promote public trusts, public trusts
promoted by it will play an increasing role in provisioning
social infrastructure such as education and health-care to
supplement the efforts of the state in reaching them to the
disvantaged and developing the talented amongst their youth. The
public trust authorities at the national and state levels shall
register such trusts and oversee the genuineness of their
efforts.
Article 11.10 Appointments
Authority for Independent Functionaries
Autonomous Authority for
Independent Functionaries consisting of a chairperson and
nominees of the courts and various independent functionaries
shall be set up at the local, state and national levels for
selecting head and members of various independent constitutional
authorities including the judges of local, state and national
courts. Joint committees of the two houses of the concerned
parliament shall approve after interview the appointments
proposed.
Article 11.11 Ban on being
member of a political party and tenure
No member of any
constitutional authority, shall be a present or past member of
any registered political party, nor can become one after
relinquishing office. No person can hold office as member of
independent authorities for more than a total of six years.
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