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A Model of New Constitution For India

FUNDAMENTAL DUTIES AND RIGHTS
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

PART-III

FUNDAMENTAL DUTIES AND RIGHTS

(Article 5 to 22 should be in place of Article 12 to 35 and 51A of the existing Constitution)

5.       Definition.

(1) In this Constitution, unless the context otherwise requires, “the State” including the Government of Bharat and all State Governments and Parliament of BHARAT and the Legislature of each of the States and all units of local self Governments, Judges of all categories, Non-Governmental Organisations, Public Limited Companies or Corporations or all local or other authorities within the territory of BHARAT or under the control of the Government of Bharat or under any State Government.

 

(2) In this Constitution, unless the context otherwise requires, “the Public Servant” includes any person holding any office mentioned under any provision of the Constitution or working as employee of Government of Bharat or any of State Government, Members of Parliament of BHARAT or of Legislature of any State or Judges of Supreme Court or High Courts or their sub-ordinates or Chief Election Commissioner and other Election Commissioners, Chairman and Member of any Commission constituted under Constitution or Law, and Auditor & Comptroller General of Bharat or working as employee of any units of local self Governments, or holding any office or working under a Non-Governmental Organisation or Public Company or Corporation or Executive Committee Member of any Association or Organisation, and all local or other authorities within the territory of BHARAT or under the control of the Government of Bharat or under any State Government.

 

6.       Laws inconsistent with the PREAMBLE OF THE CONSTITION or with the or in derogation of the fundamental rights and duties.        

(1)    All laws in force in the territory of BHARAT, immediately before the midnight of the 15th August 1947 shall be void, unless any such law is not declared valid by the Parliament, within five years from commencement of this Constitution.

(2)    Any law, in force in the territory of Bharat, in so far as, inconsistent with the PREAMBLE of the Constitution, or with this Part, to the extent of such inconsistency, shall be void.

(3)    Parliament or any State legislative shall not make any law which dilute the fundamental duties of a Citizen or takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(4)    In this article, unless the context otherwise requires: -

(a)    “Law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of Bharat the force of law;

(b)    “Laws in force” includes laws passed or made by Parliament, any State Legislative Assembly, Supreme Court or any other competent authority in the territory of Bharat.

(5)    Parliament shall not make any amendment in the Preamble and Part III of the Constitution of Bharat.

(6)    Validity of laws made by Parliament shall not be examined by any High Court.

 

7.         Equality before law.

(1)      The State shall not make any law or to deny any person equality before the law or equal protection of the laws, except in respect of the provisions provided under Article 4 of this Constitution, within the territory of Bharat.

(2)      The equality before the law does not provide any kind of rights or liberty to any person to explore possibility of exploitations of the interests of others, in the garb of his fundamental rights.

(3)      Every one, whatever office or position he might holds, should be accountable before the law. 

 

8.                   Prohibition of discrimination on grounds of religion race, title, caste, sex or place of birth.

(1)    The State shall ensure by appropriate law that any citizen on the grounds of religion, race, caste, sex, any distinct language, script or culture, place of birth or in the name of untouchable or in the name of title or any of them, shall not be discriminated at any place or in any manner whatsoever.

(2)    Every Indian Citizen shall have right to protect language, script or culture of its own, conserve the same. 

(3)    The State shall make law as directed under Article 4(6) of this Constitution, and for any person or authority responsible to cause any discrimination, shall loss his office, holding at the time of such violation, or rights as Citizen under Article 4, for the period prescribed under such law.

 

 9.    Rights to get equal opportunity in education.

(1)    Notwithstanding any religion, race, caste, sex, place of birth, and economic status, every child, born before the commencement of this Constitution and a child born after commencement of this Constitution- provided his both parents shall have total two children, should get all equal opportunity purely based on merit in the education at every level of education available in Bharat.

(2)    No children, defined under clause (1), shall deprived of education, at any level, because of financial constrains and State shall arrange all necessary funds for his education, purely on merit basis.

(3)    No citizen shall be denied admission into any educational institution maintained or assisted by the State, on the grounds of religion, race, caste, language, script or culture, untouchables, or likewise grounds, except on the pure grounds of merits, regulated by the appropriate rules framed by the Law Commission of Bharat.

(4)    Parliament shall make appropriate law in compliance to this Article, within three years from the date of commencement of this Constitution, with the support of seventy-percentage strength of each house of Parliament.

(5)    If Parliament fails to fulfill its compliance, Supreme Court of Bharat in consultation with the National Judicial and Law Commissions, within four years, shall make temporary law to that effect, which will applicable till Parliament fulfills its compliance.

 

10.   Protection of certain rights regarding freedom of speech, etc.

(1)    All citizens shall have the right-

(a)    to freedom to speech and expression;

(b)    to assemble peaceably and without arms and without violation of law in any manner;

(c)    to form associations or unions to protect fundamental duties and rights of the citizen and strictly should run in accordance with this Constitution and the law made in this respect.

(d)    to move, reside and settle freely throughout the territory of Bharat, without damaging local heritage and culture.

(2)    Freedom to speech and expression to an individual does not include making false statement with intention to injure any one.

(3)    The law regarding right to form associations should ensure that matters and affairs of any association should not run as a matter and affairs of one individual person. All activities of such associations or unions shall transparent to public, and that no person be elected as a member of executive committee of an association, if he would not supported by the majority of all members of such association.

(4)    When rights of citizen under clause 1(d), are not secured in any State, the executive powers of the government of Bharat shall extend to issue such direction to a State as may be necessary to ensure protection of such rights, and State shall comply with such directions. 

 

11.       Protection in respect of properties

(1)    A Citizen shall have right to properties, acquired by rightful and honest means, and State shall not deprive him from such properties, except State shall have right to acquire any immovable property on advance payment at tax free market price.

(2)    Any immovable property acquired by any illegal means or based on consideration money earned by any dishonest or illegal means shall vest upon the State, without any compensation.

(3)    Law of Limitation shall not temper to the provisions provided under this Article.

(4)    The Parliament shall make appropriate law in compliance of this article and a register shall be prepared in respect of each and every immovable property in the country, with the name of the owner and other details, which shall be authentic document for ownership of such property.  

 

12.    Protection in respect of conviction for offence.

(1)        No person shall be convicted of any offence except for violation of law in force at the time of the commission of an offence, nor be subjected to a penalty greater than that, which might have been inflicted under the law in force at the time of the commission of the offence.

(2)    No person shall be prosecuted and punished for the same offence more than once, except in respect of an offence to infringe the fundamental rights of other citizen.

(3)    No person shall be arrested, by investigating authority, in connection with any offence, if he records his true statement on oath, about his knowledge with reference to, or his involvement in such offence, within the period prescribed by law.

(4)      The clause (3) shall not applicable in respect of any person who for time being is an enemy alien; or declared as terrorist or for likewise offender;

(5)      No accused person shall entitle to get bail in any criminal matter, if his arrest is made under order of a Court, unless and until he complies his duty under clause (3).

(6) Any person subscribing or making a false statement by affirmation of an oath before any authority shall be liable to stringent punishment, not less than five years, which shall run separately, from any other punishment, if any.

 (7)  Any person not to comply, the conditions laid down by clause (3), shall be punished for not less than half of the highest punishment arises, against offences referred in the complaint, with reference to an offence, whether he committed or not, and such punishment shall run separately, without any mercy. Similarly for the absolutely false complaint lodged by any one with clear intention to injure the person named as accused in the complaint, the complainant shall suffer similar punishment.

(8)   Punishments for two separate offences shall not run   together. 

(9) Parliament shall make appropriate law, within two years from the date of commencement of the Constitution, to fulfill the requirement of this Article.

(10) In case Parliament fail to fulfill such requirements, Supreme Court of Bharat Shall make appropriate Law within two years and six months from the commencement of this Constitution. Law declared by the Supreme Court shall continue till Parliament shall fulfill its obligation under this article. 

 

13.    Protection against inefficiency

No person can be compelled to pay anything on account of inefficiency of the State or an individual.

 

14.    Rights to recover damages.

Every citizen has right to recover damages, caused by any individual or by the State.

 

15.    Protection of life and personal liberty.

No person shall be deprived of his life or personal liberty except according to procedure established by law. This provision shall not applicable in respect of a matter; when State fails to provide protection of life and property of one against another.

 

16.   Right to information and justice.

(1)    Every citizen shall have right to information in respect of every public acts, activities, matters pertained to governmental functions, agreements with the foreign governments and Companies, Public Limited Companies or Corporations, except part of such information, which are protected as a matter of technology or highly sensitive with regards to security concerns.

(2)    Every Citizen shall have right to get justice. Supreme Court of Bharat in active consultation with the National Judicial Commission and Law Commission of Bharat shall ensure that the justice should be guaranteed, by appropriate procedures based on the Core Principle of the Jurisprudence that justice based on the truth shall be above all, within reasonable time. Such procedures should ensure that –

(a) every citizen shall have right to sue or defend any person or authority or public servant before an appropriate court having jurisdiction, for his rights, titles, interests, claims and disputes, provided he shall come before such court with true facts and without hiding anything at the first hand; 

(b) a complainant of a criminal offence shall have right to interfere through his counsel, in court proceedings, relating to such complaint; 

(c) an accused shall defend charges against him, provided he has recorded his own true statement within the time prescribed by the law, regarding the matter in proceeding;

Provided that the cost of the entire proceedings for both side should be born by the looser of the matter, if the judgment is based on the fact(s) only, and if based on the law or both then no order should be passed as to the cost.       

(3)    Full Bench of the Supreme Court, in consultation with the National Judicial Commission, and Law Commission of Bharat shall make temporary (except in respect of clause (4) herein) law in respect of the Fundamental duties and Rights provided Parliament fails to make such Laws within reasonable time, not beyond three years, from the commencement of this Constitution. Such temporary laws shall effective in the manner as if made by the Parliament, till such law is not made by Parliament or not enacted. In case, Parliament or Supreme Court not enacts any law to this effect, citizen has right to move before Supreme Court, to get justice.

(4)    Immediately after commencement of this Constitution, Supreme Court, in consultation with National Judicial Commission and Law Commission of Bharat, shall frame Civil Procedure Code, Criminal Procedure Code and Civil and Criminal Rules and Orders after inviting written suggestions from Central and State Governments, High Courts, Bar Associations, litigants and individual Citizen, in an open and transparent manner.

(5)    Judicial Stamp duty shall not be imposed in such a manner, which deprive a Citizen’s right to get justice.  

 

17.           Protection against arrest and detention in certain cases.

(1)        The Investigating Agency and Police shall detain no person in the custody, if he is arrested for threats to tranquility and peace of the society or national security, without permission from a Judicial Magistrate.

(2)        No person shall be arrested, in respect of any crime, already committed, unless he not make or subscribe his true statement within the period prescribed by law, or unless court directs for his arrest.

(3)        Nothing in clauses (1) and (2) shall apply in respect of -

(a)    any person who for time being is an enemy alien;

(b)    any person who is declared as terrorist or likewise offender;

(c)    any person who is arrested or detained under any law with necessary Rules, providing for preventive detention.

(d)    Without framing and declaration of necessary Rules, provision under clause (3) shall not be applicable.

(4)        An Advisory Board consisting of Chief Justice and Two Senior Most Judges of respective High Court, under whose jurisdiction such arrest or detention is made, automatically constituted as and when any arrest under clause (3) is made.

(5)        An order of such Board to release such detainee shall be applicable only after expiry of 30 days period of Appeal. 

 

18.           Right for just and humane conditions of work and maternity relief and Prohibition of traffic in human being and forced labour.

(1)    Every person working at place as an employee or worker or labour have right for just and humane condition of work, and for maternity relief, if her last issue is second issue, and should be regulated by appropriate law and Rules.

(2)    Traffic in human beings and begar and other similar forms of forced labour by an individual are prohibited and any contravention of this provision shall be an offence punishable in accordance with law, besides he will loose his rights upon the properties earned through such means.

 

19.            Prohibition of employment of children.

(1)     State shall arrange compulsory education of a Child up to the age 16 years, through Non-Governmental Organisations in active participation of the Industry.

(2)     No child below the age of sixteen shall be employed in any work.

(3)     Violation of such law shall make principle employer responsible for such employment, and liable to suffer punitive punishment, and to loose his fundamental rights to properties as provided under this Part.  

 

20.           Freedom to manage religion affairs and propagation of religion.

(1)    Subject to public order, morality, health and fraternity amongst people, every religion denomination or any section thereof, without effecting the similar rights of others, all persons are equally entitled to freedom of conscience and shall have right-

(a)    to freely profess, practice and propagate religion in a transparent manner, but without offering any types of economic benefits or assurances for social upliftment to the people from other religion;

(b)    to establish and maintain, in a transparent manner, institutions for religious, charitable and educational purposes; 

(c)    to manage its own affairs in matters of religion;

(d)    to own and acquire movable and immovable property;

(e)    to administer such property in accordance with law;

(f)     provided that sale and transfer of such properties in any manner whatsoever shall be strictly in accordance with the Law and Rules framed to that effect.

(2)    In any educational institution, instructions shall be provided in such a manner, which no way or means can damage fraternity among all section of the society.

(3)    In any educational institution, religious worship may be conducted in such a manner, which shall not affect fraternity amongst all sections of the society.

(4)    Parliament shall make necessary laws to regulate, transparency in the matters of rights provided under this Article, not by bureaucracy, but by some organisations having undoubtful credentials of impartiality to all religion.

(5)    If Parliament fails to make appropriate law within two years from the commencement of this Constitution, with the support of clear three forth majority of both the house of Parliament, within three years from the commencement of this Constitution, Supreme Court, in consultations with the National Judicial and Law Commissions, shall make temporary law to that effect, which shall applicable till Parliament fulfill its compliance.

(6)    No person shall be compelled to pay any taxes, the proceeds of which are specially appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.      

 

21.           Remedies for enforcement of rights conferred by this Part.

(1)    Supreme Court shall make temporary law in respect of duties and rights provided under this Part, in consultations with the National Judicial and Law Commissions, within the prescribed period if specified under any Article or within appropriate period to ensure such duties and rights, if Parliament fails to make appropriate laws within such period, and such law shall be effective till Parliament fulfills its compliance. 

(2)    The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part are guaranteed, provided such citizen undertakes, by affirmation on oath that he has obeyed his duties fixed under this Part.

(3)    Immediately after commencement of this Constitution Supreme Court shall frame detailed rules regarding prior to and after the proceedings starts in the Court for enforcement of any of the rights conferred by this Part III.

(4)    The Supreme Court shall issue ambiguity free appropriate and speaking directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be necessary, for the enforcement of the rights conferred by this Part, without diluting the fundamental duties, which shall be effective to curb similar infringement of the fundamental rights in any part of the country.

(5)    Any appropriate and speaking directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, issued by the Supreme Court under clause (4) shall be binding as law on the all courts within the territory of Bharat, besides its mandatory obligations for the State.

(6)    If appropriate proceedings for the enforcement of the rights conferred by this Part in similar matter, respective High Court having Jurisdiction, shall follow such laws declared by the Supreme Court under clause (5).

(7)    The rights conferred under this article shall not be suspended by the State, by Parliament or even by the Supreme Court, even during the emergency, except extreme necessity for the National interests.

 

22.           State’s Legislature barred to make any laws in respect of the fundamental rights and duties.

Any State legislature shall not make any law in respect of any Part of the Constitution, unless not authorised for any specific provision by the Constitution.

 

23.      National Anthem and Flag

(1)               There shall be a National Anthem and Flag.

(2)               Parliament shall make appropriate laws to protect the efficacy of the National Anthem and Flag, in conformity with the object and preamble of this Constitution.

(3)               Law should be passed with the Three Forth majority of the both Houses of the Parliament.

 

24.            National and other Languages

(1)               There shall be one National Language and any other Indian language, which is spoken by the five percent of the total population, shall be the supportive language of the National Language.

(2)               Parliament shall make appropriate laws to protect the efficacy of the National and its supportive languages, in conformity with the object and preamble of this Constitution.

(3)               Law should be passed with the Three Forth majority of the both Houses of the Parliament, and should be ratified by the two third State Legislatures.

 

25.            Law for National Animal, birds etc.

(1)   Parliament shall make appropriate laws to protect, preserve and promote the protection of the National Animals, Birds etc., which will enhance the Cultural heritage of the society.

(2)   Law should be passed with the Three Forth majority of the both Houses of the Parliament, and should be ratified by the two third State Legislatures.

 

26.            Bar to amend the Part-I, II and III of the Constitution.

           Parliament or any other authority whatsoever, or  whosoever, on any pretext or under any circumstances cannot suspend or amend any part or Clause of any Article of the Part-I, II, and III of the Constitution.

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TRUTH SHALL PREVAIL