Constitution for Free Bharat (India), 2000 A brief Summary

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Constitution for Free Bharat (India), 2000
 A brief Summary


The Preamble: The present Constitution, based on exploitative colonial institutions, is anti-people. It was authenticated by the Constituent Assembly in the name of the people in violation of their trust. As a result, it, in law, lacks legitimacy. It is now a legal necessity to review it through referendum.
 
Given the choice, the people will vote for true democracy in which power flows upward from the people, as advocated by Gandhi based on 4,000-year democratic ethos of India. It is practised in the best functioning democracies of the world such as the Swiss.
 
We request the Prime Minister to direct the Commission for Review of the Working of the Constitution to organise nation-wide consultations, public hearings and local referendums, based on them refine this draft constitution, and get it approved by the people through referendum held along with the next national election.
 
Part 1 Name and transitory provisions; Part 2 nation-state and its obligations; Part 3 Citizenship and its Obligations:
Bharat also called India shall be a nation-state consisting of state and local governments. The national and state governments shall provide higher level infrastructure to enable local governments and people to create an egalitarian, non-exploitative, responsible and self-reliant society, while conserving and enriching the cultural and natural heritage. The society shall respect universal values of humanism.

(This replaces the "Directive Principles of State Policy", that speak of laudable objectives, but do not provide the political and social environment for realising them.)
 
Part 4 Sovereign and Fundamental Rights: The people have the sovereign right to information, consultation through public hearings, participation and referendum. To facilitate exercise of these rights by the people, an institutional mechanism with authority to direct referendums shall be instituted as provided in Part 11.
 
Religious rights: Hinduism is not a religion but a way of life based on dharma that represents universal values of humanism. Hinduism represents henotheism, that is, it believes in various manifestations of the only super-consciousness. Most religions are montheistic that leads to religious conflicts. Society should be structured on universal values of humanim. Personal law should be reviewed through referendum within each community. Religious conversion of persons who are not high school graduates should be regarded as exploitation of poverty and those responsible liable to prosecution.
 
Part 5 Local Governments:
The village parliament consisting of all adult men and women shall be the supreme authority. It shall control all village resources such as land, water systems, forests and minerals, village officials and decision-making. Sub-district governments at the taluk/block level shall coordinate.
 
The district/city government shall constitute the highest level of local governance. It will control adequate resources to handle all local matters. It will be accountable to the people of the district/city through effective transparency laws covering the sovereign rights of the people to information, consultation, participation and referendum.
 
Each district/city shall have a parliament consisting of a district/city assembly and a district/city council of stakeholders. It will have directly elected district/city governor and deputy governor, for fixed term of four years. The district/city parliament will, through its committees, perform various watchdog functions. The council consisting of representatives or various stakeholders shall moderate decision-making for sustainability. The chief district/city judge and the district/city bureaucracy shall also be locally accountable.
 
Parts 6 & 7
State and National Governments: They will have a similar structure, that is, a parliament consisting of elected assembly and council of stakeholders, and directly elected chief executives. They will handle higher level infrastructure, and will coordinate but not interfere in local matters.
 
Part 8 The Judicial System:
The local chief judge will be appointed by the local government with the approval of and impeachable by the local parliament. He will thus be locally accountable. The local governor shall provide budget and coordinate. To meet the needs of justice, he will innovate such as revive village courts, simplify procedures, set up temporary courts and introduce jury trial, to curb delays and corruption. The superior courts will function only as appellate courts.
 
Private jails, especially for under-trial prisoners, can be introduced. Dress code suiting tropical climate will be introduced and colonial summer vacation abolished. Contingency litigation, that is, lawyers bearing expenses and taking share from amount awarded can be introduced in selected cases, such as, dowry harassment.
 
Part 9 Political and Election Systems:
All donations to political parties shall be exempt from income tax. The loss in tax revenue will be treated as state support to the political system. Inner party democracy, that is, inner party primary elections for nomination of candidates for elections shall be mandatory.
 
Half the legislators at all levels shall be elected in the main election along with the chief executive and half after two years in a mid term election. Legislators and chief executives can hold office for maximum two terms. There will be provision for negative vote and recall. All reservations shall be abolished. Instead, affirmative action in education and public contracts shall be provided for disadvantaged communities.
 
Councils of stakeholders shall have representatives of various interest groups such as disadvantaged communities, labour, industry, academics, professionals and NGOs elected or nominated by their representative bodies. The councils will moderate decision-making for sustainability.
 
The chief and deputy chief executives shall be elected as a team through direct election. They shall be citizens of India by birth. A chief executive can hold office for no more than two terms or eight years in any local, state or national government. He can be impeached for misconduct.
 
Part 10 Environmental & Financial Resources:
Local governments shall largely manage environmental resources. Part revenue will be assigned to state and national governments. Taxes will be handled at the appropriate level and shared as provided. Local governments can handle personal income tax.
 
Part 11 Other Constitutional Authorities:
There shall be Sovereign Rights Commissions at the state and national levels, with authority to direct referendums, except on issues fundamental to democracy or the integrity of the nation. Functioning as the conscience keeper of the state based on the values of the society as a whole, they will correct faulty institutions and oversee that that the sovereign rights of the people to information, consultation, participation and referendum are properly instituted and accessible to the people.
 
The other authorities provided are media commission, public attorneys, election commissions, public auditors, national bank, public service commissions, vigilance and investigation agencies, and appointments’ authority for independent functionaries.
 
Part 12 Industry, Trade and Commerce:
Business and industry should function in trusteeship of society, deploying surpluses generated for productive purposes, and not in wasteful consumption. Local accountability shall oversee this. Part of the profit should be set apart in trusts with social objectives.
 
Part 13 Appointed Servants of the People: Every government shall have its own slim bureaucracy. Departmental heads shall be appointed and terminable with the approval of the elected body. They will, as a result, exercise professional autonomy and protect their subordinates from political abuse.
 
Part 14: National and Link Languages:
All recognised 18 languages shall be national languages. Hindi will be the principal national language. Each state will have one as its official language that shall be used in high courts also. English shall be the national and international link language.
 
Part 15 Human Development:
To meet the needs of basic education, healthcare and family welfare, grassroots governments shall have full control to manage these programmes under the overall coordination of district and city governments.
 
Three type of educational institutions should be encouraged, namely (1) state institutions that provide education at subsidised fees, promoting equity, (2) private trusts that provide education at operating costs, often promoting excellence, and (3) commercial institutions that give dividends to investors and provide education at price acceptable by the market, promoting relevance. Private universities shall also be encouraged.
 
Vacation shall be in the winter months to enable youth to imbibe nature and culture and hostel to earn as tourist facilities. Professional councils shall be at state level to facilitate local innovation.
 
Part 16 Regional Planning:
Ministries of Environment and Planning at local, state and national level shall coordinate scientific regional planning, replacing wasteful centralised planning.
 
Part 17 National Emergencies:
can be declared only for external threat and environmental disaster.
 
Part 18 Miscellaneous:
Oath should be of transparency, not secrecy. August 15 when India was partitioned and January 26 when an anti-people Constitution was adopted shall be declared Repentance Days. The day on which this Constitution is adopted shall be celebrated as Swaraj Day.
 
Part 19 Special Status to Kashmir, Tibet and Nagaland:
They may be offered autonomy under joint suzerainty of neighbouring nations.
 
Part 20 Constitution, Laws and Sustainability:
All colonial laws and laws made after independence shall be reviewed and democratised. Einstein is the man of the second millennium. Gandhi is the apostle of the third millennium for realising a sustainable world order.

People First
Managing trusees: Ashok Khosla, SK Sharma
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