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BOOK: A MODEL OF NEW CONSTITUTION FOR INDIA
PART-VIII AND IX
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PART-VIII

Local self-Governments.

159.    Definition.

In respect of the provisions under this Constitution, unless the context otherwise requires, the Local Self Governments includes (1) Regional Councils; (2) District Councils; (3) Tribe Advisory Council (4) (a) Municipal Corporations in the Metro and other Cities; and (b) Municipalities in any City or Town, (5) Zila Parishad, Panchayat Samity, Panchayats and Gram Panchayats and any part thereof. In one area there shall be no multiplicity of the Local Self-Governmental body, in respect of any business or functions of business.

 

160.    Local self-Governments.

(1)           There shall be a elected (1) village panchayats under control of panchayat samitees and under supervision of zila parisads, (2) nagrik samitees under control of nagar palikas, (3) nagrik samitees, under control of up-nagar samitees and under supervision of Municipal Corporations, as units of Local Self Governments at Village levels or Towns or Cities or Metro Cities and to decentralise the powers, authority and functions of the administration, to ensure that the real nerves of the powers shall vest with the people, Parliament shall make laws to regulate that-

(a) for more or less one thousand adult suffrages, there shall be one elected representative at one of the unit of local self-governments; 

(b) no person shall contest election for the same office for more than two terms;

(c ) any convicted person or having under charge sheet, or accused in any criminal case six months prior to date of nomination paper for any office of Local Self Government, shall not be eligible to contest election for any unit of local self governments;

 (d)          to ensure that-

     (i)       no person contesting election for any unit of local self-government shall get elected, unless he gets support of thirty percentage of votes enrolled in the voter list of the respective constituency or half of the total voting so far castes -whichever would be higher-, provided;

     (ii)      in case no candidate could able to muster necessary votes in the first voting, second voting shall held for three candidates having received highest votes, in first voting;

     (iii) even in second voting no candidate could able to get required number of votes, after relinquishment of the terms of percentage of votes, third and final voting shall held for two candidates having highest votes in second voting;

      (iv) if total number of candidates in first voting would be three or less, provision under sub-sub-clause (iii) shall not be applicable; and

      (v) if total number of candidates in first voting would be two, provision under sub-sub-clause (ii) and (iii) shall not be applicable.

(2) The Election Commission of Bharat, with the help of State Election Commissions shall supervise and see that elections of the local self-governments shall free and fare.

(3) That when any political party does not gives its one third tickets to women candidates, for any particular local self-government unit, all candidates of such political party shall be considered as independent candidates, for that particular unit.

(4) That law should be made by the Parliament in clear terms regarding the powers and authority of the each unit of local self-governments, and should ensure transparency in the affairs and activities of such units and to ensure the right to information and participation of the common man during the meetings of such units, just as visitors.

(5) Wherever law provides elections of the members of local self-governments under the banner of political parties, gram panchayats should not be empowered with the dispute redress powers.                                  

(6) Wherever in any local self-government unit, the population from any tribal constitutes thirty percentages or more of the total local population the office of Chairperson of such local self-government unit shall be from such tribles.  

 

161.  Constitution, powers, authority and functions of the Local self-governments.

(1)                  The Parliament shall make comprehensive necessary Law in respect of the constitution, powers and authority and functions of the Local self-governments.

(2)                  Any State can amend such law; inconsistent with the provisions provided under this part of the Constitution. Any amendment in such law shall be applicable only after assent from the President.


PART-IX

Political parties

162.     Registration and recognition of Political parties.

(1)                    A political party can be registered at the District Head quarter of any revenue District, by submitting application before the District Election Officer.

(2)                    Such application shall be supported by at least five hundred Voters, by affirmation of oath that they are not accused in any Criminal case and that they are active members of such political party and that they will abide by the Constitution of Bharat.

(3)                    Such registered political party shall submit its un-audited annual accounts and list of the members for the year ending on 31st March of every year, within 30 days there from, with a copy thereof by registered post to the Election Commission of Bharat.

(4)                    Once a political party gets registration in one District, it can file and get registered separately in each District or States, in the similar manner.

(5)                    The candidates of any political party, on the grounds that his political party is registered, shall not be entitled for specific election symbol, till such registered party would not be recognized as a State or National political party, in accordance with the provisions provided under this Constitution, but election results of such candidates shall be accounted for granting of such recognisation, if applied for.

(6)                    When any registered political party, gets more than ten percentages of the total Votes, enrolled in all constituencies of State's Legislative Assembly, during the general election of such Assembly, shall be declared as "Recognized State Political Party" and shall entitled to get specific Election symbol up to the next general election of such State Assembly. By virtue such recognition no political party shall entitled to use specific symbol during the general election of the Lok Sabha.

(7)                    If any "Recognized State Political Party" gets more than ten percentages of the total Votes, enrolled in all Lok Sabha constituencies in the country, during general election of Lok Sabha, shall be declared as "Recognised National Political Party" and shall entitled to get specific symbol up to the next general election of the Lok Sabha.

(8)                    Law Commission of Bharat, after inviting suggestions from the public, shall frame Byelaws and Rules, which shall be adopted by every political party, with regards to their all matters and affairs, before applying for registration at any district election officer. Compliance of Byelaws and Rules shall be mandatory for every political party; otherwise registration and recognition shall suffer revocation.

(9)                    Parliament, after enactment of such Rules and Byelaws, shall make laws to regulate registration of Political Parties, in accordance with this article.

President of any recognised national political party, at the material time, shall not eligible to be a candidate for the office of the Prime Minister.     

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