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BOOK: A MODEL OF NEW CONSTITUTION FOR INDIA
ELECTION COMMISSIONS OF BHARAT AND STATES
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PART  XI

ELECTION COMMISSIONS OF BHARAT AND STATES

Election Commission of Bharat

231.        There shall be an Election Commission of Bharat comrising of the Chief Election Commissioner and Fourt other Election Commissioners of Bharat.

 

232.   (1) Chief Election Commissioner and Fourt other Election Commissioners of Bharat shall be appointed, minimum for three years, and maximum for five years, by the President by warrant under his hand and seal on the basis of the recommendations by a Committee comprised of the Prime Minister, Leader of the Opposition in the Loksabha, from the five names for each office forwarded by the National Judicial Commission, after satisfaction on merit.

(1)          In case Committee comprised of the Prime Minister and Leader of the Opposition in the Loksabha could not agreed for a single name, the President shall appoint one of them as the Chief Election Commssioner or the Election Commissioner of Bharat purely in considerations of the merit.

(2)          The age of a person, to be appointed as a judge of Supreme Court, shall not be more than 60 years, at the time of appointment and shall not hold such office after attainment of the age of 65 years.

(3)          A person shall not be qualified for appointment as a Chief Election Commissioner or Election Commissioner of Bharat, unless he is Origin born Bharatiya, and to be qualified to be appointed as a Judge of Supreme Court, provided he never have any connections with any ideology of any political party.

(4)          Chief Election Commissioner or Election Commissioner of Bharat can be removed by the Full Bench of National Judicial Commission, on the basis of enquiry and investigation made by a judicial committee constituted for the purpose, consisting of one Supreme Court Judge and two Chief Justices of different High Courts.

(5)          Chief Election Commissioner or Election Commissioner of Bharat shall not contest any election of any office referred under this Constitution and shall not plead or act in any Court or accept any other job or assignment, in India or abroad, at least for five years from his retirement or resignation or removal.

(7) Every person Chief Election Commissioner or Election Commissioner of Bharat shall, before he enters upon his 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 Election Commissioner or Election Commissioner of Bharat 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."

 

(8)Violation of the Oath taken by a Chief Election Commissioner or Election Commissioner of Bharat evident his incompetence to continue as a Supreme Court Judge.

 

233.    Salaries. etc., of Chief Election Commissioner or Election Commissioner of Bharat.

The justified salaries, all privileges, allowances and pension for the Chief Election Commissioner or Election Commissioner of Bharat, shall be equal as of the Supreme Court Judge.

 

234.  Powers of the Election Commissionof Bharat.

An appeal shall lie to the Supreme Court from any Judgment, decree or final order of a High Court in the territory of Bharat, whether in a civil, criminal or other proceeding, that the case involved a substantial question of law as to the interpretation of this Constitution.

Election Commission of State(s)

235.              There shall be an Election Commission in each State

comprising of the Three Election Commissioners of the State(s).

 

236. Amongst three Election Commissioners in a State, one by rotation shall act as Chairman of the State Election Commission.

 

237. Three Election Commissioners in the each State shall be appointed by the Governor of the respective State from a penal of five names for each office forwarded by the Election Commission of Bharat.

 

238.        The age of a person, to be appointed as a Election Commissioner of a State, shall not be more than 55 years, at the time of appointment and shall not hold such office after attainment of the age of 60 years.

 

239.      A person shall not be qualified for appointment as a Election Commissioner of a State, unless he is Origin born Bharatiya, and to be qualified to be appointed as a Judge of High Court, provided he never have any connections with any ideology of any political party.

 

240.   Election Commissioner of a State can be removed by the Full Bench of State Judicial Commission, on the basis of enquiry and investigation made by a judicial committee constituted for the purpose, consisting of two Chief Justices and one Judge from different High Courts.

 

241.   Election Commissioner of State, shall not contest election for any office referred under this Constitution and shall not plead or act in any Court or accept any other job or assignment, in India or abroad, at least for five years from his retirement or resignation or removal.

 

242.  Every person having appointed as the Chief Election Commissioner or Election Commissioner of Bharat, before he enters upon his 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 Election Commissioner of .(name of the State) 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."

 

243.         Violation of the Oath taken by a Chief Election Commissioner or Election Commissioner of Bharat evident his incompetence to continue as a Supreme Court Judge.

 

DUTIES OF THE ELECTION COMMISSIONS OF BHARAT AND OF THE STATES.

 

244. (1)   The free and fair elections for any office referred under this Constitution shall be duty of the Election Commission of Bharat.

(2)   Election Commissions of the States shall function under direct supervision of the Election Commission of India.

(1)             The Election Commission of Bharat shall not take any    

Policy decission, if two Election Commissioners put on speaking objections against it.

(1)       The administrative matters should be devided amongst all

members of the Election Commission of Bharat, under a Policy decision of the Commission and every member of the Election Commission of Bharat shall act accordingly.

 

Appeal against order of the Election Commission of Bharat.

 

245.              Appeal can be filed before Supreme Court of India against

a order of the Election Commission of Bharat, within 60 days from such order.

 

Appeal against any order of the Election Commission of a State.

246.  Appeal against any order of the Election Commission of a State shall be filed before the Election Commission of Bharat, within 60 days from such order, which shall be dispossed off and appropriate speaking order should be passed by the Election Commission of Bharat, in expediate manner.

 

Election Petitions Before the Election Commission of Bharat.

247.  (1) A Election Petition in respect to any Election for the office of the President, Vice-President, Member of Lok Sabha or Rajya Sabha, or Office Bearers of a National Political Party shall be presented before the Election Commission of Bharat, within 30 days from the date of respective Election.

(2)           Within 15 days from the date of reciept of any Election Petition, the Election Commission of Bharat shall produce all related documents with regards to the respective Election Petition and its own finding along with orginal Election Petition before the Supreme Court of India for its dispossal.

 

Election Petition before the Election Commission of a State.

248.  (1) A Election Petition in respect to any Election for the State Legislature, or Office Bearers at State Political Party or of a National Political Party at the State Level, shall be presented before the Election Commission of Bharat, within 30 days from the date of respective Election.

(2)Within 15 days from the date of reciept of any Election Petition, the Election Commission of State shall produce all related documents with regards to the respective Election Petition, its own finding along with orginal Election Petition before the High Court of respective State for its dispossal.


PART  XII

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

(Articles 245-263 of the existing Constiitution 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 machnism 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 explainations 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.

(1)     No agreement with any foreign State or Company shall be

ratrified, untill its appoval from the Parliament.

(2)     No agreement by any State Government with any foreign

State or Company shall be ratrified, untill its appoval from the Parliament.


PART - XIV

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

  1.  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.
The laws under this part should be passed by the clear majority of both the House of the Parliament.

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