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A Model of New Constitution For India

Miscellanious & Other provisions
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

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PART  XII

RELATIONS AND DISTRIBUTION OF THE POWERS BETWEEN THE PARLIAMENT, LEGISLATURES, CENTRAL, STATE AND LOCAL-SELF GOVERNMENTS

(Articles 245-263 of the existing Constitution should be replaced by this Part)

249.            List for the Central, State and Local-Self Governments. 

(1) A Commission of the renowned experts, having no political affiliations with party, should be constituted to examine the list under Seventh Schedule of the existing Constitution and to recommend that for security of the integrity of the country, and for better administration which items should be in the which list;

(2) Parliament should make laws with regards to distribution of the powers between Parliament, Legislatures and the Central, State Governments and Local-Self Governments taking in to the considerations to the recommendations made by the Commission under Clause (1);

(3) Laws prepared by Parliament, under this Article shall be made applicable when three forth majority of the State Legislatures would approve it;

(4) till such law is not enacted, the existing list under Seventh Schedule will prevail as effective.

 

250       Laws relates to List for the Central, State and Local-Self Governments.

(1) Parliament may make laws in respect of matters enumerated in the Central and / or State and / or Local-Self Government Bodies;

(2) Laws made by the Parliament in respect of the matters listed for the States shall be applicable to all States, provided two third State Legislatures approve it, otherwise applicable in those States which will approve it;   

(1)                                 State Legislatures cannot pass any law in respect of the matters enumerated in the Central and / or Local-Self Government Bodies lists;

 

INTER-STATE COUNCIL

251.         There shall be Inter-State Council, and should function under the Chairmanship of the Prime Minister, to settle the dispute between two or more States or any matter of larger National interest.

 

252.           Parliament should make law with three forth majority of the both Houses in respect of manner of Constitution, comprising of the members, powers, matters, function, procedures and authority of the Council. 

 

253.           Subject to Constitutional provisions, the decision taken by the Inter-State Council shall be binding upon all concerns.

 

PART - XIII

MISCELLANIOUS

254(1) The President time to time under the advise of the Council of Minister shall Constitute Finance Commission, comprised the professional experts, who having no political affiliations, to recommend a mechanism for distribution of the Fund arrived from the Taxes collected by the Central Government, amongst Central, State and Local-Self Governments.

 

255.      The Central Government can accept the recommendations of the Finance Commission or issue its explanations with reasons to refuse it.

 

256. (1) Central Government shall present all agreement, with any foreign State or Company, except direct technology related part of such agreement, before the Parliament for its approval.

(2) No agreement with any foreign State or Company shall be ratified, until its approval from the Parliament.

(3) No agreement by any State Government with any foreign State or Company shall be ratified, until its approval from the Parliament.

 

PART - XIV

All other matters exists in the Constitution of India, but not included in this Constitution.

257.    Parliament can make laws for any matter, which (are) was part of the Constitution of India, but not taken in this Constitution, provided Law is made in conformity with this Constitution and preamble hereof.

258.      The clear majority of both the House of the Parliament should pass the laws under this part.

 

Milap Choraria,

Son of Late Shri Deep Chand Choraria

Tamkore (Jhunjhunu) Rajasthan Pin Code 331026

Comp at: B-5/52, Sector-7, Rohini, Delhi-110085

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TRUTH SHALL PREVAIL