The Constitution Of Bharart
The Constitution of Bharat
Preliminary Note Before Reading the Constitution
The following principles are to be borne in mind while reading and interpreting The Constitution of Bharat (Proposed Draft). These provisions represent the spirit, intent, and guiding philosophy of the proposed national framework.
1. Unicameral Legislature
The Rajya Sabha and the Office of the Vice President shall stand abolished. The Parliament of Bharat shall function as a single-chamber legislature.
2. Free Access to Justice
Justice shall be delivered free of cost to every citizen.
Advocates shall not represent clients by right; representation by advocates shall be permitted only in exceptional cases with prior approval of the competent court.
3. Right to Free Education
Education up to the Middle Level Standard shall be free and compulsory for all citizens.
4. Right to Free Health Care
Health care shall be free, accessible, and equitable for all citizens.
5. Electoral Purity
Freebies, monetary benefits, or material inducements shall not form any part of election manifestos or campaign promises.
6. Non-Party Democratic Structure
The system of governance shall function without political parties.
All representatives shall contest elections and serve as independent public functionaries, dedicated solely to the service of the people.
7. Simplified Taxation System
There shall be a single-point tax known as Withdrawal Tax, apart from Import and Export Duties.
- No tax shall be levied on bank deposits.
- The maximum permissible denomination of hard currency shall be ₹50.
8. Simplified Trade Regulation
Trade and manufacturing shall be regulated under two broad categories:
- Banned Items List
- Restricted/Licensed Items List
All goods and services not listed in these categories shall be open for free trade and manufacture.
9. Abolition of Discriminatory Classifications
The terms religion, caste, creed, OBC, SC, ST, and similar social divisions shall be omitted from the Constitution and all laws to ensure equality before law and equal opportunity for all.
Consequently, reservations or preferential treatments based on such classifications shall cease to exist.
10. Definition of Religion
For the purpose of this Constitution, religion shall have only two definitions:
- The Constitution of Bharat shall itself be regarded as the sole religion of all citizens.
- The essence of religion shall be expressed as:
“Perform your duty and do not harm any being, including nature, without just cause.”
Supplementary Notes
Note 1:
- The various traditions referred to as Hinduism, Islam, Christianity, Jainism, Buddhism, Sikhism, and others shall be recognized as faiths or philosophies.
- Every citizen shall have complete freedom to believe in, practice, or draw inspiration from one or more of these philosophies.
- However, any literature, scripture, or text that promotes hatred or contradicts constitutional principles shall be subject to review, and such content shall be prohibited or expunged.
Note 2:
- This Constitution has been drafted in a simple, clear, and concise form to reflect the soul of the nation.
- All operational and procedural details shall be provided separately in subsidiary legislative instruments, statutory codes, or regulatory frameworks.
The Proposed Constitution:
Core Articles :
Article 1. Definition of Bharat:
- Bharat is a republic nation, defined as the holy land of revered figures (Ram, Krishn, Mahaveer, Buddha, Sikh Gurus, Rishis, and Munis), boasting over 5000 years of civilization around the Indus Valley.
- Geographically, it extends from the snow-capped Himalayas in the north, surrounded by seas on three sides, and includes the island clusters of Lakshya Dweep and Andaman and Nicobar along with the legitimate waters, encompassing a land area of 3,287,263 sq kms as depicted on its official map.
Article 2. Definition of a Citizen of Bharat:
- A person acquires citizenship of Bharat by birth, descent, registration, or naturalization, as defined in the Citizenship Act.
Article 3. Rights and Responsibilities of Citizens:
- Fundamental Rights: Every citizen (excluding designated privileged positions like Rastrapati, Pradhan Mantri, etc., who operate under specific protocols) is guaranteed the right to equality, freedom of speech and movement within the country, personal liberty, free justice, access to non-classified information, free medical care, and free education up to a minimum middle-school level.
- Fundamental Duties: Citizens bear the fundamental duty to protect national sovereignty, unity, and integrity. This includes safeguarding public property and national heritage, honoring national symbols and institutions, protecting the environment, ensuring cleanliness, optimizing resource usage, and avoiding waste. Citizens must also ensure they do not infringe upon the liberty of others and must refrain from anti-national activities.
Article 4. System of Governance:
Art. 4A) Head of State (Rastrapati – President):
- The Rastrapati is elected by sitting Members of Parliament (MPs). A minimum of 50 MPs must recommend a nomination. The Speaker of the Parliament will appoint a Returning Officer to conduct the election within 30 days.
- Eligibility: Contestants must be between 30 and 80 years of age on the last day of nomination filing. They must hold a minimum graduate degree OR have served as MD/Chairman/CEO/CFO (or similar) of a listed company for at least 15 years, or both. A clean image in society and no criminal cases for the past 25 years are mandatory.
- Oath of Office: Administered by the Chief Justice of Bharat.
- Vacancy: In the event of the Rastrapati’s death in office, the Chief Justice of Bharat assumes interim charge until a new Rastrapati is sworn in. The oath for the interim Chief Justice will be conducted by the next most senior Supreme Court judge. The Speaker of the Lok Sabha will appoint a returning officer to conduct a new election within 30 days.
Art. 4B) Head of Government (Pradhan Mantri – Prime Minister):
- The Pradhan Mantri is the leader of the house, appointed by the Rastrapati. Any MP is eligible. The PM must typically command majority support in Parliament, demonstrable on the floor of the house if required.
- Non-MP Appointment: In special circumstances, a non-sitting MP may be appointed PM based on the recommendation of the majority of parliamentarians, provided they become an MP within six months of taking the oath.
- Term: A 5-year term, subject to maintaining majority support. A PM can hold office for a maximum of 3 terms, with no more than 2 in continuum.
Art. 4C) Parliament Headed by the Speaker & Deputy Speaker:
- The Speaker and Deputy Speaker are elected by a normal election process within the house. A Pro Tem Speaker (typically the most senior parliamentarian) temporarily oversees these elections and the oath-taking of newly elected MPs. These posts are exclusively held by sitting MPs for a normal term of 5 years.
Art. 4D) Parliament Composition, Term, and Election Process:
- The Parliament comprises half its members from sitting or retired bureaucrats, and half directly elected from the public. There are no political parties.
- Staggered Retirement: To ensure continuity, the entire Parliament will not retire simultaneously. Initially, all MPs will be elected at once. Subsequently, one-third of members from both categories will retire after 3 years (determined by lottery), with new MPs elected from their respective constituencies. The next one-third will retire after an additional 2 years, followed by the final one-third after another 2 years, ensuring a continuous refresh of the house.
- Bureaucrat MP Selection: The election/selection process for bureaucratic MPs will be defined separately.
- Electoral Authority: The Election Commission of Bharat is responsible for maintaining electoral registers and conducting all elections.
Art. 4E) Rights and Responsibilities of Parliament:
- Parliament is the supreme national body, representing citizen aspirations through the Council of Ministers (headed by the Pradhan Mantri, accountable to the Rastrapati). It upholds the Constitution’s sanctity by formulating and amending policies through debate and house approval.
Art. 4F) Rights and Responsibilities of Elected Representatives (MPs):
- Rights: MPs have the right to speak, question, seek information, participate, debate, and vote in Parliament, along with special privileges and immunity.
- Responsibilities: MPs must represent and pursue their constituents’ aspirations, participate in lawmaking, ensure executive accountability, and uphold democratic values and constitutional dignity.
- Term Limits & Benefits: MPs are limited to a maximum of 3 terms, with no more than 2 in continuum. There will be no pension scheme for MPs.
Art. 4G) Executive Supported by Bureaucracy:
- Ministers (political executives) are assisted by professional bureaucrats (civil servants) in policy formation and implementation, and in running government departments while maintaining strict neutrality. Bureaucracy ensures smooth governance and acts as a vital link between the government and the people.
Art. 4H) Role of Judiciary:
- The Judiciary’s fundamental duty is to deliver speedy natural justice, guided by the principle: “Minimum Disputes Ensures Maximum Progress” (कम विवाद, अधिक विकास / न्यूनविग्रहः, महान्विकासः).
- Advocates’ Restriction: Advocates are generally not permitted to contest cases (barring exceptional circumstances). Clients will largely contest their own cases.
- Simplified Process: Court proceedings and procedures will be extremely simple, efficient, and free of cost.
- Efficiency Metrics:
- The shortest possible period for case disposal.
- A year-on-year reduction in criminal and civil case filings.
Art. 4I) Role of Media and Information System:
- Media and information systems form the backbone of an informed, democratic society.
- Functions: Media plays roles in mass education, acting as a watchdog, forming public opinion, linking government and public, facilitating public debates, promoting national integration, and crisis management.
- Oversight: A government agency will oversee immoral, anti-social, and anti-national content.
Article 5. Relationship of States with the Centre:
- Bharat is a Union of States – an indestructible union with destructible states. Parliament retains the power to create new states or union territories, alter boundaries, and change names. States have no right to secede.
- Federalism with Central Authority: Maintained through bodies like the Inter-State Council, NITI Aayog, Finance Commission, All India Services, and Judiciary.
- The Centre holds greater authority and can issue directives or even overrule states, maintaining control over vital matters such as Defense, Space, Cyber Security, Foreign Affairs, and Finance.
- National Symbols: Only one National Flag and one National Anthem.
- State Autonomy: States handle Law and Order, Agriculture, Health, Land Records, and regional needs.
- Emergency Powers: The Centre can legislate on state subjects in emergencies.
Article 6. Country’s Foreign Policy:
- Rooted in “Vasudhaiva Kutumbkam” (The World is One Family) and “Bhay Bin Preet Na Hoi Gosai”.
- Aims to establish Bharat as a Supreme Power – Militarily, Economically, and Spiritually – through peaceful means.
Article 7. Country’s Defence Policy:
- Based on “Peace Through Strength” (भय बिन प्रीत ना होई गोसाई).
- Focuses on protecting sovereignty through self-reliance and global leadership in Space Technology, Cyber Security, AI, Atomic Power, and Military Hardware.
Article 8. Country’s Fiscal Policy:
- Aims for a robust and surplus economy through elimination of debt, abolition of freebies, and a corruption-free society.
- Achieved via:
- A single “Withdrawal Tax” (in addition to Import/Export Duties).
- A maximum hard currency denomination of ₹50.
- Minimal fiscal disputes with swift resolution.
- A balanced, economy-driven budget and avoidance of wasteful expenditure.
- Guiding Principle: “MINIMUM TAX, MAXIMUM REVENUE” (न्यून:कर:, अधिकम् राजस्वम्).
Article 9. Country’s Health Policy:
- Prioritizes “Health is Wealth” and “Prevention is Better Than Cure”.
- Public Health Focus: Yoga, healthy food, hygiene, sanitation, immunization, and safety.
- Government-Ensured Medical Care: Free medical treatment for all citizens, promotion of AYUSH, free medical education, and hospital infrastructure.
Article 10. Country’s Education Policy:
- Focuses on learning and skill development over qualification.
- Free education up to middle level, gradually extended to post-graduate level.
- Stringent teaching development programs.
- 60% common curriculum by central bodies, 40% by states.
- Curriculum review every 3 years for innovation and global standards.
Article 11. Country’s Industrial and Trade Policy:
- Two lists:
- L1: Banned Items – government exception only.
- L2: Restricted/Licensed Items – require permission.
- Environmental zoning for sustainable industrial activity.
Article 12. Country’s Environment Policy:
- Core Principle: “Mother Earth provides sufficient resources to meet everyone’s needs but not everyone’s greed”.
- Emphasizes global consensus on sustainable development and balance between growth and environment.
Article 13. Basic Necessities of Citizens:
- Beyond food, clothes, and shelter: clean air, water, sanitation, affordable energy, public transport, and internet access.
Article 14. Population Policy of the Country:
- Population density as an indicator for resource distribution.
- Balanced and sustainable demographic structure via Family Size Regulation Formula.
- Voluntary compliance through education and incentives, ensuring dignity and liberty.
Article 15. Constitution Amendment:
- A Constitution Review Committee will study and recommend amendments every 10 years.
- Recommendations debated in Parliament; passed by two-thirds majority.
- Can be amended anytime with two-thirds house resolution.
Concluding Thought: The Constitution represents the pure soul of the nation, from which all laws are derived, and which are further elaborated by rules and regulations.
