Date: 2/4/2006


A MODEL OF NEW CONSTITUTION FOR INDIA///// India is a democratic country. Democracy means “Rule of Law”, governed by the people, for the people and through the people. Rule of Law means a system, which shall ensure that: (i) no one, whoever he may be, is above the law; (ii) transparent and good governance; (iii) corruption free accountable bureaucracy; and (iv) Guaranteed expeditious remedies. ///// The Preamble of the Constitution of India has adopted one of the basic objects to ensure Economical, Political and Social Justice. Is Indian Democracy moving in such direction? I must put on straight record that “No not at all”. ///// In fact contrary to objects and assurances referred in the Constitution of India, in last 58 years, India has gained experiences on every counts with total dissatisfaction, as pointed out in Vohra Committee Report, thus results are: q Each and every level of the governance, immense corruption with immunity, become important part of the system; q Violation of Law with immunity is not a matter of surprise, for any one; q Remedial measures are not easily available in respect of any matter of ill-governance, prevailing under nexus between the powerful: politicians, bureaucrats and organised mafia; q Immense economical, social and political exploitation is not at all a matter of concern for any politician; and q From the whole of the country a single person from the common man can be identified who can justify that he has no grievances relates to governance at one or other level. ///// One question may arise, that why such situation has developed? To answer, we must know the backgrounds of democratic system adopted in India. In my views Constitution of India failed to ensure good governance. Once British Prime Minister Winston Churchill viewed that the “Democracy is worst form of government except all those other forms that have been tried.” I am of the firm views that before formulation of his views Churchill should have defined the meaning of the real Democracy. In my opinion “Any form of the so-called democracy should not be defined or called a “democracy”, till following fundamental principles are not inserted in system itself, with concrete mechanism for their implementation in real practical terms”:-///// 1. Truth shall prevails; 2. Justice must be above all; 3. Reins of the powers should be in the hands of the people; 4. Unity, based on self reliance, self respect and self dependence amongst the people must be supreme objects; 5. Each, including Constitutional Authority should be accountable before the law and system irrespective of his status or position; 6. Justice delivery system should be easy, affordable and within reasonable time; 7. In the Election mechanism value should be given to the Voters not to the Voting; 8. Individualized Politics should not be allowed at any level and at any cost; 9. Promotions in the Politicians should be based on experience, competency and performance; 10. Distribution of the benefit of the progress and economical betterment of the country should be horizontal; 11. System should not allow to be found the ways to discriminate one to protect the powerful using skills or expertise. 12. Each Individual should be kept away from the democratic process, if he does not obey these principles with the latter and sprit. ///// Keeping the aforesaid principles in mind, I have innovated and written in a Book: “A MODEL OF NEW CONSTITUTION FOR INDIA”. If you want to see a strong democratic India, kindly visit and compare it with our present Constitution: http://constitutionindia.tripod.com//// On the basis of aforesaid basic principles, time-to-time I have also made suggestions before authorities. Some were implemented in peace-meal manner, but most are never considered. Some such suggestions are referred: http://mcho3.tripod.com/goodgovernance ///// Milap Choraria National Convenor, Movement for Accountability to Public (MAP) ///// P.S.:- Few people ask me to summarize my proposals in the Book:-///// A Citizen should understood his Fundamental Duties, so he can seek remedy against infringement of his Fundamental Rights if he affirm that he not infringes fundamental rights of another citizen. //// Property Rights of a citizen would be guaranteed against any property accumulated by way of legal means and from bona-fide sources.///// Protection of an accused against his arrest should be ensured, provided he come forward within time fixed under the law in respective matters to record his true statement before Court of Law. ///// Right to damage is guaranteed against misuse of the powers committed by any authority.//// Polity related suggestions in the Book are summarized in the following manner:- //// Each Parliamentary Institution including Loksabha (Except RajyaSabha and State Councils) should be constituted for a maximum fixed tenure of THREE YEAR.//// A citizen, in his/her whole lifetime should be allowed to contest only for two terms for any Parliamentary/Democratic single office starting from any Office at the Local-Self Governmental level or up to the office of the President or Prime Minister. ///// Any person successfully hold any office at the Local-Self Governmental levels for consecutive two terms without being charged for any crime or corruption, should allowed to contest the election for any State Assembly, likewise any person hold Office of the Membership of any State Assembly for consecutive two terms without being charged for any crime or corruption should be allowed to contest election for Loksabha. //// One can get elected for any office at the Local-Self Governmental levels, if he gets 30% and get elected to any State Assembly or Loksabha if he get 20% VOTES of the Voters listed in the Voters Lists of the respective Constituency. It will help to encourage to political system to unite the people instead of the present system to divide the people. In few early year when system would be adopted it may possible that there may be elections for Two/Three Times for majority numbers of Seats. But, this complicity would be removed once system would be developed. //// Recognistion of a Political Party at the National Level would be based on 10% of the Total Numbers of the Voters Listed in the Voters Lists at the National Level and likewise similar provision would apply for recognistion of a State Level Political Party. //// National Political Party would be entitled to declare its candidate for the Office of the Prime Minister six months prior to the determined date for the next General Election. The Person names as candidate by any Recognised National Political Party through appropriate procedure, he automatically gets Membership of the Loksabha. The Recognised National Political Party gets Highest Votes through all of its respective candidates for Loksabha during the General Elections -no matter those candidates may be elected or defeated-, its pre-announced candidate get elected for the Office of the Prime Minister for the fixed tenure of Three Years. ///// Each Political Party and its Parliamentary Party should be regulated by Law and should adhere the democratic principles in the matters of its working and affairs. ///// For details kindly go through the Book: ///// http://constitutionindia.tripod.com 000000000