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A Model of New Constitution For India

Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

Few proposals suggested in the Book can be summarizes in the following manner:-

 

A Citizen should understand his Fundamental Duties, before seeking remedy against infringement of his Fundamental Rights. Therefore, he should affirm that he not infringes fundamental rights of another citizen. Impact of these provisions would restrain citizen from committing crime.

 

Rights of property accumulated by way of legal means and from bona-fide sources would be guaranteed.

   

Protection of an accused against arrest should be ensured, provided within time fixed under the law he come forward to record his true statement before Court of Law in respective matters.

 

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 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 the political system to unite the people instead of the present system to divide the people. In early years when system would be adopted it may be possible that there may be elections for Two/Three Times for majority number 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 election procedure, 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 whether those candidates would 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 mandated to adhere the democratic principles in the all the matters of its working and affairs. 

 

A mechanism is given under which election of one-third ladies Members would be ensured without reservation of the Constituencies.

Welcome!

Before reading the Book you may be interested to knew about me. In the year of 1996, I started writing of the Articles, which were published in the Hindi Newspapers in India including Nav Bharat Times, Jansatta, Hindustan, Dainik Jagaran, Danik Aaj, Rajasthan Patrika, Sanmarg; Kolakata, Daink Tribune, Dainik Ajit Samachr, Danik Milap; Hyderabad, Ranchi Express; Ranchi, Uditvani, Jamshedpur, Amar Ujala; Uttar Pradesh, Lok Tej; Surat,  Dainik Divya Himachal; Dharamsala, Chautha Sansar; and Dainik Naidunia, Indore, Deshbandhu; Raipur,

Jagran; Bhopal, Navbharat; Madhya Pradesh and Maharashtra, Swadesh; Gwalior, Lokmat Samachar; Maharashtra, Janpath Samachar; Siliguri, Sentinel; Guwahati, & few more Hindi and English Newspapers containing my suggestions in respect of changes in the Constitution and legal system to ensure removal of the Individual-controlled politics, in practical terms cast, religion, language, reason based politics, which has strengthened the policy of English Rulers to divide Indian to Rule the country and to get powers. Resulting thereby in every segment of the society politics-crime-nexus became part of the life.

 

The purpose of my suggestion were to ensure strong democratic system, elections based on representative nature and character, ensure unity amongst all parts of the country and people irrespective of their cast, religion, etc. Gates of the politics would be opened for the honest and sincere people. Individuals and Parties without any restrictions can survive in the politics, if they adhere to moral and legal values. I got very good response from the Newspapers as well as from the Readers. Therefore on the basis of those suggestions referred in Articles and few new ideas, in the year of 1999-2000 I innovated “A Model of New Constitution for India”. I also submitted it to the National Commission for Review of Working of the Constitution of India. I received acknowledgement Letter from the Secretary of the Commission. Commission forwarded me its each printed Report. But I find that my name was not included in the list of the persons who submitted representation.

 

In considerations of my different experiences, I decided not to disclose “A Model of New Constitution for India”., before get it registered under Copy Rights Act. Therefore, on 27th September 2004, I submitted my application to the Registrar of Copyrights, India, and now it was registered vide Registration No. L-23511/2005.

 

Now in this Website I am publishing the BOOK: A MODEL OF NEW CONSTITUTION FOR INDIA with request to readers/visitors to send their  comments, if they realy eager to see good governance, corruption free strong democracy, unity amongst people, without any bias for religion, cast, reason or any thing which can divide the people on various counts. 

  

To read my others suggestions and detail addresses of my other websites kindly visit: http://milapchoraria.tripod.com/msp

 

I am referring my some of experiences, which prompted me to get my Book Registered under Copyright Act, since such experinces caused serious doubts that few people always sitting to stole your ideas. In respect of my ideas, it was seems that I was cheated, when my work was not recognised in my own name.

 

On 30th June 1997 I submitted a concept before Indian Railway based on which TATKAL Scheme was lunched in July 1997. Recently I started to get information under Right to Information Act-2005. The Central Public Information Officer, Railway Board, informed me that my suggestion letter is not available in file, though I deposited the same against signed receipt. I wanted to see the file, and after going by file, it seems that respective Senior Railway Personnel manipulated the matter not to recognise my name for the Scheme. Otherwise, Railway should have written a letter of appreciation.

 

On 20th March 1996 I submitted a Petition before the Election Commission of India suggesting thereby to issue direction under Article 326 of the Constitution of India, under which every candidate for the State Assemblies and Parliament should file affidavits disclosing information relating to criminal Case pending against them. By Letter no. 509/Disqln./97-J.S.I Dated 28th August 1997 Election Commission issued an Notification with directions that every candidate for election to State Assemblies or Parliament should furnish some information. The Affidavit evolved in the Notification was completely based on concept referred in my said Petition dated 20th March 1996. On 27th October 2005 I submitted application under Right to Information Act-2005 to know what action was taken on the basis of my said Petition. By Letter dated 17th November 2005 Election Commission replied that my Petition is not available on records. Thereafter I submitted photocopy of the petition and signed receipt, then Election Commission accepted that my petition is available in the file and examined but found not fit. Under the Right to Information Act-2005 I sought photocopy of my Petition and wanted access to entire file relating to entire proceedings by which my Petition is found not fit and further wanted access to another file by which said Notification is issued. With my utter surprise Election Commission supplied me photocopy of my Petition, but from which it appears that the same was edited photocopy, not the true photocopy. 

 

I submitted detail Model of New Civil Procedure Code and suggestions to amend in various Laws before Supreme Court by filing Writ (Civil) Petition No. 151 of 1996. The Hon’ble Court passed order, but I was understood that my name was not recognised even recent amendments in Civil Procedure Code were based on my suggestion.

Please get in touch with me for any of your comments or reactions:
Milap Choraria,
National Convenor:
Movement for Accountability to Public (MAP)

TRUTH SHALL PREVAIL