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BOOK: A MODEL OF NEW CONSTITUTION FOR INDIA
LAW COMMISSION OF BHARAT
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LAW COMMISSION OF BHARAT

 

187.    Establishment and Constitution of the Law Commission of Bharat.

There shall be a Law Commission of India, which shall consist with the Vice-President of Bharat as its Chairman, and one Executive Chairman.

 

188.        Composition of the Law Commission of Bharat.

(1)        The Law Commission of Bharat shall consist of

(a)     Vice-President as its Chairman;

(b)     President shall appoint a retired Supreme Court Judge as acting Chairman of the Law Commission of Bharat, on the recommendations of the National Judicial Commission, from a penal of three names forwarded by the Four Senior most Judges, including Chief Justice of Supreme Court;

(c)     one member each to be nominated by the Chief Minister of each State, having with the legal back grounds;

(d)     equal number of the persons as nominated by chief ministers, shall be nominated by the Prime Minister, experts from different areas;

(e)     ten members to be nominated by the Bar Council Of India; and

(f)      Bar Council of Each State shall appoint one member each.

(2)        The term of office of the acting chairman shall be three years from the date of appointment, and shall be removed in the same manner as may be removed by a Supreme Court Judge.

(3)        The term of office of the members to be nominated by the Prime Minister and the Chief Ministers shall be two years from the date of nomination.

(4)        The term of office of the members to be nominated by the Bar Council of Bharat and Bar Councils of the States shall be one year, from the date of nomination.

(5)        No person shall be eligible for appointment or nomination for second term.

(6)        No person shall be eligible for any of above appointments or nominations, if he ever has been charge sheeted for any criminal offence or for making false statement or suffered by any allegations of any type of misconduct.

 

189.  Preparations of the drafts for the Laws by the Law Commission of Bharat.

(1)       On request from the Central or any State Government or from any individual or suo-moto, Law Commission shall invite public opinion and suggestions and compiled them before preparation of draft for any law and shall publish.

(2)     Draft of any law, which may be passed by the Parliament, Chairman of the Commission / Vice-President shall place the published draft before Rajya Sabha and Acting Chairman of the Commission shall hand over it to the Speaker of the Lok Sabha, who shall place the same before the House. Thereafter such drafts shall be the property of the Parliament, till no decision is taken, even if Lok Sabha is dissolved.

(3)  Draft of any law, which may be passed by one or more State Assembly, the Acting Chairman of the Commission shall forward such published draft to Speakers of State Assemblies of each State. Such drafts shall be the property of the respective assembly or assemblies, till no decision is taken, even, if respective assembly or assemblies dissolved.

 

190.  Rules framed and notified by the Law Commission of Bharat and its effects.

(1)            Commission shall frame Rules relating to every law and shall notify them, under the hand and seal of the Chairman.

(2)            Any Law, whether passed by the Parliament or by any Assembly shall not be effective, till the Commission notifies necessary Rules.

(3)            Rules notified by the Commission shall be mandatory.

(4)            Any individual can make suggestions to Commission in respect of the Rules, pertained to any Law.

 

191.    Rules of Court, etc.

(1)                 Law commission of Bharat, after inviting suggestions from general public, shall frame drafts for the following comprehensive Rules, with the objective to ensure justice, expedite the Court proceedings and for regulating generally the practice and procedure of the Court including-

(a)     rules as to the persons practicing before the Court;

(b)     rules as to the procedure for hearing appeals and other matters pertaining to appeal including the time within which appeals to the Court are to be entered;

(c)     rules as to the proceedings in the Supreme Court and High Court for the enforcement of any of the rights conferred by Part III;

(d)     rules as to the proceedings in the Court for transfer of cases;

(e)     rules as to the entertainment of appeals to the Supreme Court;

(f)      rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered;

(g)     rules as to the fees to be charged by lawyers in respect of and relating to any Court proceedings;

(h)     rules as to the granting of the bail;

(i)       rules as to stay of the proceedings;

(j)       rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vaxatious or brought for the purpose of delay;

(k)     rules as to the procedure for inquiries to be conducted by the Supreme Court under any provision of the Constitution; and

(l)       rules as to the appointment of the officers and servants and administration of the Court.

(2)                 Draft of the rules to be prepared by the Law Commission of Bharat to fix minimum number of Judges to sit for the purposes of deciding of any matter under any jurisdiction of the Court, but in no case the numbers of judges should be less than seven, when Court deciding any case involving a substantial question of law as to the interpretation of this Constitution.

(3)                 The Acting Chairman shall forward every draft prepared under this Article to the Supreme Court for its consideration and to notify such Rules, with or without any changes in such draft.

(4)                 The Full Bench of the Supreme Court shall take its final decision within six months from the presentation of such draft by the Law Commission of Bharat. 


PRESS COUNCIL OF BHARAT

192.    Press Council of Bharat.

(1)     There shall be a Press Council of Bharat, consists of seven members including Chairman.

(2)     The President on the recommendations from the National Judicial Commission shall appoint a retired Supreme Court Judge, as the Chairman of the Council.

(3)     Two retired High Court Judges shall be appointed by the President as the Senior Members of the Commission on the recommendations from the National Judicial Commission.

(4)     Two representatives of the journalists should be appointed as members from the penal of names to be recommended, with due process with secret ballots, by recognised national bodies of the journalists.

(5)     Two representatives of the owners of the media should be appointed as members from the penal of names to be recommended, with due process with secret ballots, by recognised national bodies of the owners of the media.

(6)     At one material time, two members from one Newspaper or media organisation shall not be appointed.

 

193.    Powers, duties and function of the Press Council of Bharat.

(1)                The Press Council of Bharat shall ensure that the print and television media shall not be misutilised for any direct or indirect personal gains, benefits, favours, likes and dislikes of any individual at the cost of rights of any other individual or the national interests.

(2)                Parliament shall make law on the recommendations of the draft for law, from the Law Commission, which shall fulfill the objective of Clause (1).

(3)                After enactment of such law, the Law Commission of Bharat shall notify detail Rules, regulations and guidelines.

 

194.    Expenses of the Press Council of Bharat.

(1)                 All expenses except salaries or honorarium if any to the members appointed under Clause (3), (4) and (5) of Article, shall be from the Consolidated Fund of Barat.

(2)                 All expenses under clause (1) shall be subject to audit and transparent to public.

(3)                 The Prices of the Reports and other documents shall not be more than actual costs. 

 

195.            Appeal against order of the Press Council of Bharat.

Order of the Press Council of Bharat can be appealed before the Supreme Court of India, within sixty days from such order, even with the certificate from Advocate, who should verify the verbative contains of the order, in case certified copy is not supplied within this period.

 

196.        Oath of the affirmation by the Mebers of the Press Council of Bharat.

(1)               Every person appointed as the Chairman of the Press Council of the Bharat before enters upon the office, shall make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following manner:-

" I,   A.B., having been appointed Chairman or Member of the Press Council of the Bharat in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity of Bharat that I will duly and faithfully and to the best of my knowledge and judgment guided by the Constitution, perform the duties of my office without fear or favour (even in a matter pertained to any person holding any office), affection or illwill and that I will uphold the Constitution and the laws."

(2)               Violation of the Oath taken by the Chairman or Member of the Press Council of the Bharat shall evident his incompetence to continue in his office.


The Bureau of the Comptroller and Auditor-General of India

197.      The Bureau of the Comptroller and Auditor-General of India.

(1)     The Bureau shall consist of the Chief Comptroller and Auditor-General and Two other Auditor-Generals of Bharat, and shall be appointed by the President by warrant under his hand and seal and shall be only removed from the office in like and on the like grounds as a Judge of the Supreme Court, by the National Judicial Commission.

(2)      Every person appointed as the Chief Comptroller and Auditor-General and Two other Auditor-General of Bharat shall, before enters upon the respective office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following manner:-

" I,   A.B., having been appointed Chief Comptroller and Auditor-General of Bharat (or Auditor General) in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity of Bharat that I will duly and faithfully and to the best of my knowledge and judgment guided by the Constitution, perform the duties of my office without fear or favour (even in a matter pertained to any person holding any office), affection or illwill and that I will uphold the Constitution and the laws."

(3)               Violation of the Oath taken by the Chief Comptroller and Auditor-General or any other Auditor-General of Bharat shall evident his incompetence to continue in his office.

 

198.   Duties and powers of the Bureau of the Comptroller and Auditor General of Bharat.

(1)                 The Bureau shall have rights to audit inquire and examine every accounts of the Central or State Governments or any public undertaking or any other organisation in the public interest and shall publish report of such audit, inquiry and examination of such accounts, as far as practicable immediately after use of such powers.

(2)                 No authority of Central or State Government or any Undertaking or any other organisation shall refuse to place any account on demand before the Bureau, on any pretext.

(3)                 Law Commission of Bharat, in consultation with the National Judicial Commission and the Central Government, shall frame Rules to fix responsibility of senior officers in particular, who shall be accountable to place accounts, before the Bureau himself or through his sub-ordinate(s).

(4)                 Such Officers shall be liable to suffer minimum imprisonment of one year, if any accounts are not placed before the Bureau on demand. Bureau shall have powers to announce such imprisonment, which shall be implemented after approval from a High Court, having jurisdiction. 

 

199.    Form of accounts of the Central and State Governments.

The accounts of the Central and State Governments shall be kept in such a manner as the Bureau of Comptroller and Auditor-General of Bharat, prescribe and notify in its official gazette.

 

200.    Gazette of Bureau of the Comptroller and Auditor General of Bharat.

(1)                 Every day's activities, performance, demand of the accounts from different authority and Reports shall be published in the official gazette.

(2)                 For public, the price of the gazette shall not be more than the actual costs. 


State Judicial Commissions

201.     State Judicial Commissions.

(1)                 There shall be a State Judicial Commission, within the Jurisdictional area of each High Court, consisting of all retired Chief Justices and Judges of High Courts permanently, residing within such area, barring those who are holding any other office of any commission or those whose health does not permits, or those named in any doubt full conduct.

(2)                 Once a retired judge of High Court is nominated, as a member of any particular State Judicial Commission, can't be transferred to any other State Judicial Commission, without permission from the National Judicial Commission.

(3)                 Every member of the State Judicial Commission, time to time, shall be allotted their respective serial numbers on the basis of their seniority, to use at the time of their appointment as a member of a particular Bench.

(4)                 No Bench of the State Judicial Commission shall be constituted less than five members or more than eleven members.

(5)                 Every Bench shall be constituted through a predetermined mechanism, under which no member shall be appointed in two Benches, until all of its members shall be appointed in any one such Bench. Under such mechanism this shall be ensured that after every three months every member shall rotate from one Bench to another Bench.  Such mechanism shall be transparent to public and shall be supervised by a supervising committee consisting of all members of the State Judicial Commission.

(6)                 Entire proceeding of every Bench of the State Judicial Commission shall be transparent to public and shall be recorded.

 

202.    Oath or affirmation by the Chairman or any Member of the State Judicial Commission.

Every person before he enters upon his office, as the Chairman or Member of any State Judicial Commission shall make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation in the following manner:-

" I,   A.B., being the Chairman or Member) of the (name of the State Judicial Commission comprising with Jurisdictional area of a particular High Court) swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity of Bharat that I will duly and faithfully and to the best of my knowledge and judgment guided by the Constitution, perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws."

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