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Off-immediate-topic, but very relevant



a) It pleased me no end to know that Prof. Roy had been invited as guest
faculty at the Academy a while ago. I hope OTs from the Academy can
participate in IP and debate/ tell us what they want to do as young IAS
officers for India, and how. Then at least I will have the privilge of
being with my young "student" OTs even while sitting here. Would anyone
who is on this list from the Academy (I don't name names!) please
circulate this list web site to the young OTs. This is a completely open
forum seeking the best views for action. If they don't want to participate
openly they could post anyonymously by first sending me and requesting me
to post anonymously.

Second, was it possible to consider inviting Madhu Kishwar? 

b) VERY IMPORTANT: I am forwarding the "Constitution of a Second Indian
Republic" written by Prof Roy. This is also  avialable at:

	http://www.indiapolicy.org/debate/Notes/2ndrepublic.html

A thorough reading of this is vital, I think.

(Nikhil: could you format it properly given some time). SS

---------- Forwarded message ----------
Date: Mon, 14 Sep 1998 15:18:51 +0530
From: Dr. Subrota Roy <sroy@vgsom.iitkgp.ernet.in>
To: Sanjeev Sabhlok <sabhlok@almaak.usc.edu>
Cc: sroy@vgsom.iitkgp.ernet.in
Subject: Re: Constitution of a Second Indian Republic

Preface 1998:  I wrote and published this some seven years ago; I still
agree with it in the main, with some small changes I won't go into now.
The main ideas include: a quasi US system at the Union level while
maintaining the quasi-UK system at the State level; a tough Upper House of
Parliament where all the present-day notables would be seen as potential PM
candidates.  Will write more depending on the response.   Regards, Suby Roy

Subroto Roy.   October 2 1990, revised March 31 1991.
  Constitution  for a Second Indian Republic : A Speculation
 Preamble
We, the People of India, in order to establish a more perfect Union in which
the ancient virtues of COURAGE, TRUTHFULNESS and JUSTICE may be better
practiced; in which the FREEDOM and WELFARE of all our People may be more
easily secured, do adopt, enact and give to ourselves this Constitution, on
this 26th day of January 2000.
 FOUNDATION
   1.  India, that is Bharat or Hindustan, shall be a Union of States and
Territories, and a sovereign member of the community of nations.
   2.  The Union of India shall be a democratic republic, and the Union
shall guarantee a democratic and republican form of governance in each of
its States and Territories.
   3.  The Union of India shall protect every State and Territory against
foreign aggression and armed rebellion, and shall ensure its governance to
be in accordance with provisions of the Union Constitution.
   4.  A State or Territory may elect to establish its own Constitution, but
no provision of the Constitution of any State of Territory shall be valid if
it violates any provision of the Union Constitution.
 FUNDAMENTAL RIGHTS OF CITIZENS
   5.  Every person born in the territory of India, or either of whose
parents or any of whose grandparents was born in the territory of India, or
who is a citizen of India at the commencement of this Constitution shall be
a citizen of India by birth.  Any person who has been domiciled in India for
five years may become a citizen of India by naturalization according to law.
   6.  Every citizen of India who is not less than 21 years of age shall
have the right to vote, and the right to vote shall not be denied or
abridged on account of religion, race, sex, descent, caste or place of
birth, or by reason of failure to pay any poll tax or any other tax.
   7.  The Union of India or any of its States or Territories shall not deny
to any person within the territory of India equality before the laws or the
equal protection of the laws.
   8.  No person within the territory of India shall be deprived of life,
liberty or property save by authority of law, nor shall private property be
taken for public use without just compensation.
   9.  The rights of citizens to be secure in their persons, homes,
communications, papers and effects, against unreasonable searches and
seizures shall not be violated, and no warrants shall issue but upon
probable cause, supported by oath or affirmation, and describing the place
to be searched, and the person or things to be seized.
  10.  No person accused of a criminal offence shall be compelled to be a
witness against himself or herself, nor shall any person be arrested without
being informed of the grounds of such arrest, nor shall any person in
custody be deprived of the right to legal counsel, nor shall the privilege
of the writ of habeas corpus be suspended unless in the case of war or armed
rebellion the public safety requires it.
 11.  No person shall be prosecuted or punished for the same offence more
than once, nor shall excessive bail be required or excessive fines imposed,
nor shall punishments be cruel or unusual.
 12.  The Union of India or any of its States or Territories shall not deny
to any citizen the right to move freely throughout the territory of India or
to reside or settle in any part of the territory of India.
 13.  The Union of India or any of its States or Territories shall not deny
to any citizen the right to freedom of conscience, or the right to freely
profess or practice religion, or establish, maintain and manage religious
institutions in accordance with law and subject to public safety, order and
health.
 14.  No citizen shall be subject on account of religion, race, caste, sex,
descent or place of birth to any disability, liability or restriction with
regard to public institutions, public places or places of worship, or use of
public facilities, maintained wholly or partly out of public funds or
otherwise dedicated to the use of the public.
  15.  The Union of India or any of its States or Territories shall not deny
any citizen equality of opportunity or discriminate on account of religion,
race, caste, sex, descent or place of birth.
  16.  The Union of India or any of its States or Territories shall not deny
or abridge the freedom of speech, inquiry or expression of citizens, or the
freedom of the press or broadcasting, subject to public safety, order,
health, laws of defamation and standards of common morality.
  17.  The Union of India or any of its States or Territories shall not deny
the right of citizens to form associations and unions, to assemble peaceably
without arms, or to petition for redress of grievances, subject to public
safety, order and health.
  18.  The Union of India or any of its States or Territories shall not deny
to any citizen the right to practice any profession, trade or business, or
carry on any occupation or means of livelihood, subject to public safety,
order, health and standards of common morality.
  19.  Trade, commerce and enterprise throughout the territory of India
shall be free, and the Union of India or any of its States or Territories
shall not make any law to restrict them except in the interests of public
safety, order, health, standards of common morality or economic efficiency.
  20.  No tax shall be levied or collected except by authority of law.

 DUTIES OF CITIZENS
  21.  It shall be the duty of every person within the territory of India to
abide by the Constitution of India and show no disrespect to its
institutions; to participate in democratic processes and to vote in
elections according to law; to make timely payments of taxes, fees and dues
according to law; to keep clean and hygienic streets, roads, highways,
neighbourhoods, waterways, railways, parks, public buildings and
institutions; to protect public property; to protect the natural environment
and to treat living creatures without cruelty; to abjure violence and
promote harmony among all people; to value and preserve the languages and
cultural history of the Indian subcontinent; to renounce practices
derogatory to women or children.

 EXECUTIVE, LEGISLATIVE AND JUDICIAL POWERS
  22. There shall be a President of India in whom shall be vested the
executive power of the Union, and who shall be the Supreme Commander of the
Armed Forces of the Union.  The President shall be elected indirectly by the
citizens of India in the manner prescribed in Article 40 of this
Constitution.

  23.  There shall be a Vice-President of India, who shall exercise the
duties and functions of the President in the event of the death,
resignation, incapacitation, absence or impeachment of the President.  The
Vice-President shall be elected indirectly by the citizens of India in the
manner prescribed in Article 41 of this
Constitution.
 24.  The President of India shall appoint a Prime Minister upon the advice
of the citizens of India in a direct election in the manner prescribed in
Article 43 of this Constitution.  The Prime Minister of India shall be the
Chief Executive Officer of the Union, and the President shall, in exercising
the executive power of the Union, act at all times upon the advice of the
Prime Minister.  The Prime Minister shall keep the President of India
informed at all times, and shall reconsider advice rendered if the President
so requests it.
 25.  There shall be a Union Parliament which shall consist of the
President, the Vice-President, the Prime Minister and two elected Houses.
     The Upper House, or Council of the Nation, shall consist of members
elected directly by the citizens of India according to States in the manner
prescribed in Article 37 of this Constitution.  The Lower House, or House of
the People, shall consist of members elected indirectly by the citizens of
India according to States, in the manner prescribed in Article 35 of this
Constitution.
 The legislative power of the Union of India shall be vested in the Union
Parliament.
 A Bill, except a Tax Bill, may originate in either House.  A Tax Bill, that
is to say any Bill for the raising of revenue, shall originate in the Lower
House.  After a Bill has been passed in one House, it shall be sent to the
other House which shall pass, modify or reject it.  A Bill passed by both
Houses shall be sent to the Prime Minister, upon whose approval it shall be
sent to the President for signature upon which it shall become law.  A Bill
passed by both Houses which does not receive the approval of the Prime
Minister shall be returned to the House where it shall have originated.  If,
after reconsideration, both Houses pass the Bill, each House by two thirds
of its members, then the Bill shall be sent to the Prime Minister who shall
advise the President that it be signed and become law.
 26.  There shall be a Supreme Court of India, consisting of a Chief Justice
and Associate Justices appointed by the President upon the nomination of the
Prime Minister with the advice and consent of the Upper House of the Union
Parliament.  The judicial power of the Union of India shall be vested in the
Supreme Court and such courts inferior to it that it may establish or
authorize.  The Supreme Court of India shall have its seat in the capital of
the Union and also in every State of the Union.
 27.  Each State shall have a Governor appointed by the President of India
upon the nomination of the Prime Minister with the advice and consent of the
Upper House of the Union Parliament.  The Governor shall be vested with the
executive power of the State, and shall be the supreme commander of all
police forces within the State.
 28.  Each State shall have a Parliament, which shall consist of the
Governor of the State and one or two chambers, elected by the citizens of
the State in accordance with the Constitution or laws of the State.  All
legislative power of the State shall be vested in the State Parliament or
such duly elected bodies of local government which the State Parliament
shall establish by law.
 29.  The Governor of a State shall appoint a Chief Minister who shall be a
member of the State Parliament enjoying the confidence of that Parliament.
The Governor shall act upon the advice of the Chief Minister in exercising
the executive powers of the State except in conditions of Emergency as
stated in Article 56 of this Constitution.  In the event no member of the
State Parliament shall have its confidence, or in conditions of Emergency as
stated in Article 56, the Governor of the State shall exercise the executive
powers of the State in consultation with the State Parliament, until such a
time as either such confidence comes to obtain, or new elections to the
State Parliament take place within a maximum time of one year, or conditions
of Emergency come to an end.
 30.  Each State Parliament shall elect its representatives to the Lower
House of the Union Parliament in accordance with the provisions of Articles
34 and 35 of this Constitution.
 31. Each State shall have a Supreme Court consisting of a Chief Judge and
Associate Judges appointed by the Governor as the Constitution or laws of
the State may establish.  The judicial power of the State shall be vested in
the Supreme Court of the State and such courts inferior to it as the
Constitution or laws of the State may establish.
 ELECTIONS AND TERMS OF OFFICE
 32.  All elections in the Union of India and its States and Territories
shall be held on the 2nd day of October in any year, and this day shall be
known as Election Day or Gandhi Jayanti and shall be a bank holiday.  There
shall be no more than 14 other bank holidays in the year, and no more that 2
in any month of the year.
 33.  The power required for the conduct of all elections to the Union
Parliament and all State Parliaments shall be vested in a Chief Election
Commissioner, who shall be appointed by the President upon the nomination of
the Chief Justice of India with the advice and consent of the Prime Minister
and the Upper House of the Union Parliament.   The Chief Election
Commissioner shall be assisted by four Associate Commissioners, one each for
Northern, Central, Southern and Eastern India, and State Election
Commissioners, one for each State.
 34.  Election to any State Parliament shall be for a maximum term of 4
years.  A State Parliament shall consist of no more than 1000 members,
chosen by direct election from territorial constituencies of the State, each
member representing no more than 100,000 citizens so far as is possible.
 35.  Elections to the Lower House of the Union Parliament shall be for a
term of 2 years, and the House shall stand dissolved every 2 years.  The
Lower House shall be elected indirectly by the citizens of the States, the
delegations from a State being elected by members of the State Parliament.
Each member of the Lower House shall represent indirectly 1 million citizens
of the State so far as is possible.  The Lower House of the Union Parliament
shall have no more than 1000 members, each member having one vote.
  36.  The Lower House shall choose its own Speaker; determine the rules of
its own proceedings; punish its members including by expulsion with the
approval of two thirds of its members; keep a record of its proceedings and
publish the same regularly except such parts as may in the judgement of the
House require secrecy in the national interest.  During their attendance in
Parliament or travel to and from Parliament, members shall be privileged
from arrest except for treason, felony or breach of peace.  Nor shall any
speech made in the Lower House be questioned in any other place. No member
of the Lower House shall hold any other office of profit or honour of the
Union of India or any State or Territory of India.
  37.  The Upper House of the Union Parliament shall have no more than 100
members, of whom 90 shall be chosen by direct election from territorial
constituencies of the Union and shall have one vote each.  Elections to the
Upper House shall be for a term of 6 years, with one third of the elected
members retiring every 2 years.  No person shall be elected to the Upper
House for more than three terms successively.
 For purposes of elections to the Upper House, the Union of India shall be
divided into territorial constituencies each of approximately 10 million
citizens, so long as there are no more than 22 constituencies from the
States of Southern India (presently consisting of Tamil Nadu, Kerala, Andhra
Pradesh, Karnataka and Goa); 22 constituencies from the States of Eastern
India (presently consisting of Arunachal Pradesh, Tripura, Mizoram, Manipur,
Meghalaya, Nagaland, Assam, Sikkim, West Bengal and Bihar); 22
constituencies from the States of Northern India (presently consisting of
Uttar Pradesh, Himachal Pradesh, Jammu and Kashmir, Rajasthan, Punjab and
Haryana); and 22 constituencies from the States of Central India (presently
consisting of Gujarat, Maharashtra, Madhya Pradesh and Orissa).  There shall
be one constituency in the Union Territory of Delhi and one constituency in
all other Union Territories together.
 38. The President of India may appoint up to 10 members of the Upper House
each of whom shall have no vote and shall hold one term of office of 2
years.  The President shall make such appointments in view of considerations
such as the representation of the arts, sciences, sports, literature or
social work, as also the representation of any community, caste, religion or
other group which, in the opinion of the President, deserves a voice in the
Upper House in the national interest.
 39.  The Vice President of India shall chair the Upper House but shall have
no vote unless they are equally divided.
 The Upper House shall choose its own Chairman pro tempore in the absence of
the Vice President; determine the rules of its own proceedings; punish its
members including by expulsion with the concurrence of two thirds of its
members; keep a record of its proceedings and publish the same except as may
in the judgement of the House require secrecy in the national interest.
During their attendance in Parliament or their travel to and from
Parliament, members shall be privileged from arrest except for treason,
felony or breach of peace.  Nor shall any speech made in the Upper House be
questioned in any other place.  No member of the Upper House shall hold any
other office of profit or honour of the Union of India or any State or
Territory of India.
 40.  The President of India shall be elected for a term of 5 years by the
Union Parliament, and shall be a citizen of India not less than 35 years of
age.  If there are more than two nominations, there shall be a primary
election in the Upper House by secret vote, and the names of those receiving
the highest and second highest number of votes shall be sent to the Lower
House which shall elect between them by secret ballot.  The President of
India shall not hold any other office of profit or honour.
 41.  The Vice-President of India shall be elected for a term of 5 years by
the Union Parliament, and shall be a citizen of India not less than 35 years
of age.  If there are more than two nominations, there shall be a primary
election in the Lower House by secret vote, and the names of those receiving
the highest and second highest number of votes shall be sent to the Upper
House which shall elect between them by secret ballot.  The Vice-President
of India shall not hold any other office of profit or honour.
 42. The terms of the President and Vice-President shall not be concurrent.
 43. The Prime Minister of India shall be appointed by the President upon
the advice of the citizens of India in a direct election, and shall hold
office for four years.  The Prime Minister shall be a citizen of India not
less than 35 years of age, and no person shall hold the office of Prime
Minister for two terms successively.
 Candidates shall register 12 months prior to the date of the election with
the Chief Election Commissioner.  The Chief Election Commissioner shall
report to the President the results of the election to the office of the
Prime Minister, and the President shall appoint the candidate receiving the
highest number of votes.
 44.  Upon the nomination of the Prime Minister, the President shall appoint
a Deputy Prime Minister and a Council of Ministers, who shall hold office at
the pleasure of the President and who shall assist the Prime Minister in the
discharge of the duties of the office.  The Deputy Prime Minister shall
exercise the duties and functions of the Prime Minister in the event of the
death, resignation, incapacitation, absence or impeachment of the Prime
Minister.
 45.  The Prime Minister, the Deputy Prime Minister and the Council of
Ministers shall from time to time answer the questions of members of the
Union Parliament as requested by the latter, and the Prime Minister shall no
less than once every year address the Union Parliament on the State of the
Republic.
 46.  Neither the Prime Minister nor the Deputy Prime Minister nor any
member of the Council of Ministers shall hold any other office of profit or
honour.

 DUTIES OF THE UNION AND THE STATES
  47.  The duties of the Union of India shall include
-- defence of the Republic from foreign aggression, armed rebellion    and
crime
-- foreign relations and foreign trade
-- management of currency and exchange-rate
-- management of the public debt of the Union
-- inter-State highways, waterways and dams
-- regulation of inter-State railways
-- regulation of harbours and airports
-- regulation of civil aviation
-- regulation of communications and broadcasting
-- protection of national monuments and archives
-- development of space and atomic research, research universities     and
institutes of national importance
-- planning of metropolitan areas
-- environmental protection, national forests, parks and wildlife
-- regulation of banking other than rural banking
-- regulation of stock exchanges and futures markets
-- census, voter registration, and social security

 48.  The Union of India shall in addition
-- promote and encourage State and local democracy
-- reduce disparities of income and wealth consistent with economic
efficiency
-- reduce inequitable transfers of debt to future generations by
ensuring balance in the Union Budget over a quincennial period
-- promote harmony among the nations of the world, abjure violence
  in the settlement of international conflicts, foster respect for
international law, and maintain just and honourable relations   with other
nations.
 49.  The original jurisdiction of the Supreme Court of India shall extend
to substantive questions of law and constitutional interpretation;
fundamental rights of citizens, and relations between the citizen and the
Union and its States and Territories; international law; inter-State
relations and commerce; relations between the Union and any State.
 50.  There shall be a Reserve Bank of India.  Upon the nomination of the
Prime Minister and with the advice and consent of the Upper House of the
Union Parliament, the President of India shall appoint a Governor and Deputy
Governors of the Reserve Bank of India.   It shall be the duty of the
Reserve Bank of India to maintain a sound currency, that is, a stable value
of the Rupee for transactions within the Union and outside it.  The Reserve
Bank of India shall be further responsible for the charter and regulation of
banks, and the efficient working of financial and credit markets.
  51.  Upon the nomination of the Prime Minister and with the advice and
consent of the Upper House of the Union Parliament, the President of India
shall appoint a Comptroller and Auditor General of India, who shall be
responsible for the issue of public moneys and the audit of the accounts of
the Union of India.
  52.  There shall be a Public Services Commission of India.  Upon the
nomination of the Prime Minister and with the advice and consent of the
Upper House of the Union Parliament, the President of India shall appoint a
Secretary-General of the Public Services Commission, who shall be
responsible for all matters relating to the civil services of India.
 53.  The duties of each State of India shall include
-- civil order and police forces in the State
-- State highways, waterways and dams
-- regulation of State railways
-- land registration and tenurial reform
-- agricultural pricing, stocks and extension
-- animal husbandry
-- colleges and non-research universities
-- finance of schools and setting of school standards
-- regulation of electricity
-- regulation of insurance
-- regulation of rural banking
-- management of the public debt of the State
-- vital statistics
-- public health
-- environmental protection
-- State parks and forests
A State of India shall in addition
-- extend processes of democracy by promoting ad encouraging constitutional
local government
-- reduce disparities of income and wealth consistent with requirements of
economic efficiency
-- reduce inequitable transfers of debt to future generations by  ensuring
balance in the State Budget over a quincennial period
-- endeavour to secure a common civil code for citizens of the  State
-- promote harmony among the peoples of India.
The duties of local governments established in a State by law shall include
provision of primary and secondary education or regulation  thereof;
provision of and maintenance of streets, roads and lighting or regulation
thereof; provision of fresh water and sewage disposal or regulation thereof.
  54.  The original jurisdiction of the Supreme Court of a State shall
extend to substantive questions of law and interpretation of the State
Constitution; civil and criminal law within the State; marriage, divorce,
custody and guardianship of minors; fundamental rights of citizens and
relations between citizens and the State.

 WAR AND EMERGENCY
  55.  The President of India, upon the advice of the Prime Minister and
with the consent of a majority of each of the Union Parliament, shall have
authority to declare and make war on behalf of the Union of India and its
State and Territories, and to raise armed forces and resources for this
purpose.  A declaration of war  may include the suspension of fundamental
rights so long as that no such suspension shall continue for longer than 30
days without the consent of a majority of each House of the Union
Parliament.
  56.  The President of India, upon the advice of the Prime Minister and
with the consent of a two thirds majority of the Upper House of the Union
Parliament, shall have authority to declare the whole of India or any part
of its territory to face an imminent danger from foreign aggression, armed
rebellion, disturbance or natural calamity, and proclaim an Emergency
accordingly.  Proclamation of Emergency may include declaration of
Governor's Rule in a State according to Article 29 and suspension of
fundamental rights, so long as that no such suspension shall continue for
longer than 30 days without the consent of a two thirds majority of the
Upper House, and no elections to any State shall be delayed for longer than
one year.
 AMENDMENTS AND MISCELLANY
  57.  Within the groupings of States given in Article 37, new States may be
formed or State boundaries altered by authority of the President of India,
upon the advice of the Prime Minister and with the consent of two thirds of
the members of each House of the Union parliament and the consent of a
majority of each State Parliament affected thereby.
 58.  The provisions of this Constitution may be amended by the authority of
the President of India with the consent of a four fifths majority of each
House of the Union Parliament.
Impeachment from office of the President, Vice-President, Prime Minister or
Deputy Prime Minister of India shall be initiated by a four fifths majority
of each House of the Union Parliament.  The Speaker of the Lower House shall
inform the Chief Justice of India of such a majority in each House,
whereupon the Chief Justice shall constitute a Special Bench of the Supreme
Court of India which shall act as the Court of Impeachment.
Written and printed communications between the Union of India and foreign
nations; between the Union of India and the States of India, and between the
States of India and the Union of India; and between the Union of India and
citizens of India shall be in the Hindustani (Hindi) and English languages.
Any language or dialect of India may be spoken in the Union Parliament or
any State Parliament with the prior permission of the Chairman or Speaker of
the chamber.









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