Proposed Constitutional Amendments of India

Embed Size (px)

Citation preview

  • 8/8/2019 Proposed Constitutional Amendments of India

    1/20

    BOLD IS ADDITION

    Preamble

    Remove socialist from the preamble and adddemocratic constitutional republic

    Article 1

    Add official name as Republic of India.

    Article 12{Definition} (ncrwc)

    In this Part, unless the context otherwise required, the State includes theGovernmental and Parliament of India and the Government and the Legislatureof each of the States and all local or other authorities within the territory of Indiaor under the control of the Government of India and other authorities shallinclude any person in relation to such of its functions which are of a publicnature.

    Article 13

    Remove clause 4

    Article 15{Prohibition of discrimination ongrounds of religion, race, caste, sex or place ofbirth}(ncrwc)

    1. The State shall not discriminate against any citizen on grounds only ofreligion, race, caste, ethnic or social origin; political or other opinion,sex, place of birth or any of them .

    2. No citizen shall, on ground only of religion, race, caste, sex, place of birthor any of them, be subject to any disability, liability, restriction or conditionwith regard to -

    a. access to shops, public restaurants, hotels and places of publicentertainment; or

    b. the use of wells, tanks, bathing ghats, roads and places of publicresort maintained whole or partly out of State funds or dedicated tothe use of general public.

  • 8/8/2019 Proposed Constitutional Amendments of India

    2/20

    3. Nothing in this article shall prevent the State from making any specialprovision for women and children.

    4. Nothing in this article or in clause (2) or article 29 shall prevent the Statefrom making any special provision for the advancement of any socially andeducationally backward classes of citizens or for the Scheduled Castesand the Scheduled Tribes.

    Article 18{Abolition of titles}(usa title of nobility amendment)

    1. No title, not being a military or academic distinction, shall be conferred bythe State.

    2. No citizen of India shall accept any title from any foreign State.3. No person who is not a citizen of India shall, while he holds any office of

    profit or trust under the State, accept without the consent of theParliament any title from any foreign State.

    4. If any citizen of India shall accept, claim, receive or retain, any title,or shall ,without the consent of Parliament, accept and retain anypresent, pension, office or emolument of any kind whatever, fromany emperor, king, queen, prince, or foreign power, such personshall cease to be a citizen of India and shall be incapable of holdingany office of trust or profit under them, or either of them.

    Article 19{Protection of certain rights regardingfreedom of speech, etc.}

    1. All citizens shall have the right (ncrwc)a. to freedom of speech and expression which shall include the

    freedom of the press and other media, the freedom to holdopinions and to seek, receive and impart information andideas to assemble peaceably and without arms;

    b. to form associations or unions;c. to move freely throughout the territory of India;

    d. to reside and settle in any part of the territory of India; ande. to acquire, hold or dispose of propertyf. to practice any profession, or to carry on any occupation, trade or

    business.RIGHT TO BEAR ARMS(Texas constitution)

    G. Every citizen shall have the right to keep and bear arms in thelawful defense of himself or for the security of a free State; but theState Legislatures shall have power, by law, to regulate the wearingof arms, with a view to prevent crime.

    Or (usa constitution)A well regulated Militia, being necessary to the security of a free State,

    the right of the people to keep and bear Arms, shall not be infringed.

  • 8/8/2019 Proposed Constitutional Amendments of India

    3/20

    Or(amendment 438 from the constituent assembly debates)Every citizen has the right to keep and bear arms inaccordance withRegulations and reservations made in that behalf.

    Article 19(2) repealed as the rights are there to restrict the govt and SC willbe the final arbitrator

    Article 20{Protection in respect of conviction foroffenses}(included Autrefois Acquit)

    1. No person shall be convicted of any offence except for violation of a law inforce at the time of the commission of the act charged as an offence, notbe subjected to a penalty greater than that which might have been inflictedunder the law in force at the time of the commission of the offence.

    2. No person shall be prosecuted , and punished for the same offence morethan once nor any person who has been acquitted for the sameoffence be tried more than once.

    3. No person accused of any offence shall be compelled to be a witnessagainst himself.

    Article 21 {Protection of life and personal liberty}

    (added from the us declaration of independence)

    No person shall be deprived of his life, personal liberty and pursuit ofhappiness without due process of law. (SC changed procedure established todue process)

    Inserted VERY IMP RIGHT as we dont have this one and with the recent phone

    tappings we need this.only phone tapping can be done via a warrant from ajudge like in western democracies.

    (us 4thamendment)

    2.The right of the people to be secure in their persons, houses, papers andeffects, against unreasonable searches and seizures, shall not be violated,and no Warrants shall issue, but upon probable cause, supported by Oathor affirmation, and particularly describing the place to be searched, and thepersons or things to be seized.

    Or

    (Canada section 8 charter of freedoms)

  • 8/8/2019 Proposed Constitutional Amendments of India

    4/20

    Everyone has the right to be secure against unreasonable search or seizure.

    Or

    ( New Zealand sec 21 part 2)

    Everyone has the right to be secure against unreasonable search orseizure, whether of the person, property, or correspondence orotherwise.

    Or

    Everyone has the right to be secure against unreasonable search orseizure and no Warrants shall be issued, but upon probable causedescribing the place to be searched, and the persons or things to beseized.

    (us bill of federalism)

    The due process of law shall be construed to provide the opportunity tointroduce evidence or otherwise show that a law, regulation or order is aninfringement of such rights of any citizen or legal resident of the India, andthe party defending the challenged law, regulation, or order shall have theburden of establishing the basis in law and fact of its conformity with thisConstitution.

    Us 9thamendment aka unenumerated rights

    The enumeration in the Constitution, of certain rights, shall not beconstrued to deny or disparage others retained by the people.

    Us 3rdamendment

    No Soldier shall, in time of peace be quartered in any house, without theconsent of the Owner, nor in time of war, but in a manner to be prescribedby law.

    ncrwc

  • 8/8/2019 Proposed Constitutional Amendments of India

    5/20

    No one shall be subjected to torture or to cruel, inhuman or degradingtreatment or punishment and excessive bail or fines.

    Every person who has been illegally deprived of his right to life or libertyshall have an enforceable right to compensation.

    Every person has a right to respect for his private and family life, his homeand his correspondence.

    Every person shall have the right to leave the territory of India and everycitizen shall have the right to return to India.

    Article 22{Protection against arrest and detentionin certain cases}

    No person who is arrested shall be detained in custody without beinginformed, as soon as may be, of the grounds for such arrest nor shall he bedenied the right to consult, and to be defended by, a legal practitioner of hischoice and have the right to silence.

    Every person who is arrested and detained in custody shall be producedbefore the nearest magistrate within a period of twenty-four hours of such

    arrest excluding the time necessary for the journey from the place of arrest tocourt of the magistrate and no such person shall be detained in custodybeyond the said period without the authority of a magistrate.

    Sec3-7 repealed as it deals with preventive detention and it isundemocratic

    Article 24{Prohibition of employment of childrenin factories, etc.}

    No child below the age of Sixteen years shall be employed to work in anyfactory or mine or engaged in any other hazardous employment.

    Article 25{Freedom of conscience and freeprofession, practice and propagation of religion}

  • 8/8/2019 Proposed Constitutional Amendments of India

    6/20

    1. All persons are equally entitled to freedom of conscience and the rightfreely to profess, practice and propagate religion and Parliament shallmake no law respecting an establishment of religion, or prohibiting thefree exercise thereof.

    2) Nothing in this article shall prevent the State from making any law-

    Providing for social welfare and reform or the throwing open of Hindu religiousinstitutions of a public character to all classes and sections of Hindus.

    Explanation I. In clause (2), the reference to Hindus shall be construed asincluding a reference to persons professing the Sikh, Jaina or Buddhist religion,and the reference to Hindu religious institutions shall be construed accordingly.

    Explanation II. The wearing and carrying of kirpans shall be deemed to beincluded in the profession of the Sikh religion.

    Article 30A

    Access to Courts and Tribunals and speedy justice

    Us 6thand 7thamendment .jury trials leads to speedy trial as it is timebound and it is easy to bribe a judge than 12 juries.we had jury trials till 1961 butonly as a act aka privilege

    (1)In all criminal prosecutions, the accused shall enjoy the right to aspeedy and public trial, by an impartial jury of the State and districtwhere in the crime shall have been committed, which district shallhave been previously ascertained by law, and to be informed of thenature and cause of the accusation; to be confronted with thewitnesses against him; to have compulsory process for obtaining

    witnesses in his favor, and to have the Assistance of Counsel for hisdefense

    ( verdict of the jury has to be unanimous.)

    (2) In suits at common law, where the value in controversy shallexceed thousand rupees, the right of trial by jury shall be preserved,and no fact tried by a jury, shall be otherwise re-examined in anycourt of India, than according to the rules of the common law.

    (Ncrwc)

  • 8/8/2019 Proposed Constitutional Amendments of India

    7/20

    The Commission recommends that article 39A in Part IV be shiftedto Part III as a new article 30B to read as under

    30B Equal justice and free legal aid: The State shall secure that theoperation of the legal system promotes justice, on a basis of equalopportunity, and shall, in particular, provide free legal aid, by suitablelegislation or schemes or in any other way, to ensure that opportunities forsecuring justice are not denied to any citizen by reason of economic orother disabilities

    Article 31 {Compulsory acquisition of property}

    No private property shall be taken for public use, without justcompensation and due process.

    ARTICLE 51

    (1)The State shall endeavour to -

    a. promote international peace and security;b. maintain just and honourable relations between nations

    2,3, repealed as it dilutes sovereignty

    55. Manner of election of President.

    Remove apportionment freeze or make base year 2010

    56. Term of office of President.

    The President shall hold office for a term of FOUR years from the date onwhich he enters upon his office:

    67. Term of office of Vice-President.

    The Vice-President shall hold office for a term of FOUR years from the dateon which he enters upon his office:

  • 8/8/2019 Proposed Constitutional Amendments of India

    8/20

    Article 73

    AddTreaty power of the executive shall not be exercised unless under article253 has been ratified by rajya sabha.

    75. Other provisions as to Ministers.

    1)The Prime Minister shall be appointed by the President who must be amember from House of the people, and the other Ministers shall be appointed

    by the President on the advice of the Prime Minister who must be a membersfrom House of the people.

    Remove clause 5 (deals with being a mp without being elected for 6months)

    82. Readjustment after each census.Remove apportionment freeze or make base year 2010

    83. Duration of Houses of Parliament.

    (2) Four years instead of five

    111. Assent to Bills.

    When a Bill has been passed by the Houses of Parliament, it shall be presentedto the President, and the President shall declare either that he assents to the Bill,withholds his assent or that he returns the bill:

    Provided that the President may, as soon as possible after the presentation tohim of a Bill for assent, return the Bill if it is not a Money Bill to the Houseswith a message requesting that they will reconsider the Bill or any specifiedprovisions thereof and, in particular, will consider the desirability of

    introducing any such amendments as he may recommend in his message,

  • 8/8/2019 Proposed Constitutional Amendments of India

    9/20

    and when a Bill is so returned, the Houses shall reconsider and after suchreconsideration three fifths of that House shall agree to pass the bill, itshall be sent, together with the objections, to the other House, by whichit shall likewise be reconsidered, and if approved by three fifths of thatHouse, it shall become a law. But in all such cases the votes of bothHouses shall be determined by yeas and nays, and the names of thepersons voting for and against the bill shall be entered on the journal ofeach House respectively.

    153. Governors of States.

    Remove clause 1 which deals with governor serving 2 or more states

    155. Appointment of Governor.(sarkaria commission)

    The Governor of a State shall be appointed by the President after beingadvised by the Chief Minister of the State, Vice-President of India and theSpeaker of the Lok Sabha, by warrant under his hand and seal provided thatthe governor satisfy the following criteria:(i) He should be eminent in some walk of life.(ii) He should be a person from outside the State.(iii) He should be detached figure and not too intimately connected with the localpolitics of the State; and(iv) He should be a person who has not taken too great a part in politics

    generally, and particularly in the recent past.

    155A. Impeachment of Governor (sarkaria commission andncrwc suggested impeachment procedure)

    (1) When a Governor is to be impeached for violation of the Constitution, thecharge shall be preferred by either House of respective State legislature.

    (2) No such charge shall be preferred unless-

  • 8/8/2019 Proposed Constitutional Amendments of India

    10/20

    (a) The proposal to prefer such charge is contained in a resolution which hasbeen moved after at least fourteen days' notice in writing signed by not less thanone-fourth of the total number of members of the House has been given of theirintention to move the resolution, and

    (b) Such resolution has been passed by a majority of not less than not lessthan two-thirds of the total membership of the House.

    (3) When a charge has been so preferred by either House of the state legislature,the other House shall investigate the charge or cause the charge to beinvestigated and the Governor shall have the right to appear and to berepresented at such investigation.

    (4) If as a result of the investigation a resolution is passed by a majority of notless than not less than two-thirds of the total membership of the House by whichthe charge was investigated or caused to be investigated, declaring that thecharge preferred against the governor has been sustained, such resolution shallhave the effect of removing the governor from his office as from the date onwhich the resolution is so passed.

    156. Term of office of Governor.

    add

    3) Subject to the foregoing provisions of this article, a Governor shall hold officefor a term of four years from the date on which he enters upon his office:

    163. Council of Ministers to aid and advise Governor.

    Remove 21. Add act in accordance with advice Provided that the Governor may

    require the Council of Ministers to reconsider such advice, eithergenerally or otherwise.

    164. Other provisions as to Ministers.

    (1) The Chief Minister shall be appointed by the Governor who must be amember from legislative assembly and the other Ministers shall be appointedby the Governor on the advice of the Chief Minster, and the Ministers shall holdoffice during the pleasure of the Governor:

  • 8/8/2019 Proposed Constitutional Amendments of India

    11/20

    Remove clause 4(deals with being a mla without contesting elections for 6months)

    168. Constitution of Legislatures in States.(have checks andbalances and stop parliamentary tyranny)

    1) For every State there shall be a Legislature which shall consist of theGovernor, and two houses.

    170. Composition of the Legislative Assemblies

    Remove apportionment freeze or make base year 2010

    171. Composition of the Legislative Councils.

    (1) The total number of members in the Legislative Council of a State havingsuch a Council shall not exceed [two thirds] of the total number of membersin the Legislative Assembly of that State:

    172. Duration of State Legislatures.(1) Every legislature of every State, unless sooner dissolved, shall continue for

    1[four years] from the date appointed for its first meeting and no longer andthe expiration of the said period of 1[four years] shall operate as a dissolutionof the Assembly:

    (2) As nearly as possible one half of the members of legislative councilshall retire as soon as may be on the expiration of every fourth year inaccordance with the provisions made in that behalf by Parliament bylaw.

    All to be directly elected provided they are graduates.

    197. Restriction on powers of Legislative Council as toBills other than Money Bills.

    Joint session just like in the parliament

    Add

  • 8/8/2019 Proposed Constitutional Amendments of India

    12/20

    (1) If after a Bill has been passed by one House and transmitted to the otherHouse-

    (a) The Bill is rejected by the other House; or

    (b) The Houses have finally disagreed as to the amendments to be made in theBill; or

    (c) More than three months elapse from the date of the reception of the Bill bythe other House without the Bill being passed by it, the Governor may, unlessthe Bill has elapsed by reason of a dissolution of the the respective statelegislature , notify to the Houses by message if they are sitting or by publicnotification if they are not sitting, his intention to summon them to meet in a jointsitting for the purpose of deliberating and voting on the Bill: Provided that nothingin this clause shall apply to a Money Bill.

    (2) In reckoning any such period of three months as is referred to in clause (1),no account shall be taken of any period during which the House referred to insub-clause (c) of that clause is prorogued or adjourned for more than fourconsecutive days.

    (3) Where the governor notified his intention of summoning the Houses to meetin a joint sitting, neither House shall proceed further with the Bill, but the governormay at any time after the date of his notification summon the Houses to meet in a

    joint sitting for the purpose specified in the notification and, if he does so, theHouses shall meet accordingly.

    (4) If at the joint sitting of the two Houses the Bill, with such amendments, if any,

    as are agreed to in joint sitting, is passed by a majority of the total number ofmembers of both Houses present and voting, it shall be deemed for the purposesof this Constitution to have been passed by both Houses:

    Provided that at a joint sitting-

  • 8/8/2019 Proposed Constitutional Amendments of India

    13/20

    (a) If the Bill, having been passed by one House, has not been passed by theother House with amendments and returned to the House in which it originated,no amendment shall be proposed to the Bill other than such amendments (if any)as are made necessary by the delay in the passage of the Bill;

    (b) If the Bill has been so passed and returned, only such amendments asaforesaid shall be proposed to the Bill and such other amendments as arerelevant to the matters with respect to which the Houses have not agreed

    and the decision of the person presiding as to the amendments which areadmissible under this clause shall be final.

    (5) A joint sitting may be held under this article and a Bill passed thereat,notwithstanding that a dissolution of the respective legislative assembly hasintervened since the President notified his intention to summon the Houses tomeet therein.

    200. Assent to Bills.

    1)remove withhold his assent

    2. If after such reconsideration three fifths of that House shall agree topass the bill, it shall be sent, together with the objections, to theother House, by which it shall likewise be reconsidered, and ifapproved by three fifths of that House, it shall become a law. But inall such cases the votes of both Houses shall be determined by yeasand nays, and the names of the persons voting for and against thebill shall be entered on the journal of each House respectively.

    246. Subject-matter of laws made by Parliament and bythe Legislatures of States.

    (4) repealed

    ARTICLE 248

  • 8/8/2019 Proposed Constitutional Amendments of India

    14/20

    (state rights ) (usa 10thamendment)

    (1)The powers not delegated to the Parliament by the Constitution, nor

    prohibited by it to the States, are reserved to the States respectively, or tothe people.

    (2) Except Such power shall include the power of making any law imposing a taxnot mentioned in either of those Lists.

    (us 11 amendment: state immunity )

    The Judicial power of the Union of India shall not be construed to extend toany suit in law or equity, commenced or prosecuted against one of the

    state by Citizens of another State, or by Citizens or Subjects of any ForeignState.

    373. Power of President to make order in respect of persons

    under preventive detention in certain cases.

    Repeal

    TERM LIMITNo person who has served in Lok Sabha,legislative assembly and andLegislative council for more than eight years, or in Rajya Sabha for morethan six years, shall be eligible for election or appointment to the LokSabha or Rajya or their respective state legislature respectively,excluding any time served prior to the enactment of this Article.

    No bill of attainder, ex post facto law, retroactive law, or any law impairingthe obligation of contracts,shall be made,and all bills shall be debatedbefore signed by the President and all bills to have sunset clause of 5

    years.

    Article 253Legislation for giving effect tointernational agreements

    Notwithstanding anything in the foregoing provisions of this Chapter, Parliamenthas power to make any law for the whole or any part of the territory of India forimplementing any treaty, agreement or convention with any other country orcountries or any decision made at any international conference, association orother body when ratified by two-thirds of the total membership of the Rajya

    Sabha present and voting.

  • 8/8/2019 Proposed Constitutional Amendments of India

    15/20

    Article 253A(us proposed bill of federalism: treaty power limit)No treaty or other international agreement may enlarge the legislative

    power of Parliament granted by this Constitution, nor govern except bylegislation any activity that is confined within the Republic of India.

    243E. Duration of Panchayats, etc.

    (1) Every Panchayat, unless sooner dissolved under any law for the time being inforce, shall continue for Two years from the date appointed for its first meetingand no longer.

    243U. Duration of Municipalities, etc.

    Every Municipality, unless sooner dissolved under any law for the time being inforce, shall continue for two years from the date appointed for its first meetingand no longer:

    Article 257

    add

    Limiting commerce

    The power of Parliament to make all laws which are necessary and properto regulate commerce among the several states, or with foreign nations,

    shall not be construed to include the power to regulate or prohibit any

  • 8/8/2019 Proposed Constitutional Amendments of India

    16/20

    activity that is confined within a single state regardless of its effectsoutside the state, whether it employs instrumentalities therefrom, orwhether its regulation or prohibition is part of a comprehensive regulatoryscheme; but Parliament shall have power to regulate harmful emissionsbetween one state and another, and to define and provide for punishmentof offenses constituting acts of war or violent insurrection against republicof India.

    Article 258

    Unfunded mandatesParliament shall not impose upon a State, or political subdivision thereof,any obligation or duty to make expenditures unless such expendituresshall be fully reimbursed by the Union government; nor shall Parliamentplace any condition on the expenditure or receipt of appropriated fundsrequiring a State, or political subdivision thereof, to enact a law orregulation restricting the liberties of its citizens.

    265. Taxes not to be imposed save by authority of law.

    a.The Parliament shall have power To lay and collect Taxes, Duties,Imposts and Excises but all Duties, Imposts and Excises shall be uniformthroughout India.

    b.Direct Taxes shall be apportioned among the several States which maybe included within this Union, according to their respective numbers.

    c.No Capitation, or other direct, Tax shall be laid, unless in proportion tothe Census or Enumeration herein before directed to be taken.

    d. Any imposition of or increase in a tax, duty, impost or excise shallrequire the approval of three-fifths of the lok sabha and three-fifths of theRajya Sabha.

    Article 302 (Power of Parliament to imposerestrictions on trade, commerce and intercourse)

    Repealed as it violates state rights

  • 8/8/2019 Proposed Constitutional Amendments of India

    17/20

    Article 359

    Suspension of articles 17, 23, 24, 25 and 32during emergency(ncrwc)

    3.18.1Article 359 deals with Suspension of the enforcement of the rightsconferred by Part III during emergencies. Clause (1) permits suspension of theright to move court but excludes article 20 (retrospectivity of law relating tooffences, double jeopardy and self-incrimination) and article 21 (Life and libertynot to be deprived except according to procedure established by law which afterManeka Gandhis case

    3.18.2 The Commission recommends that clauses (1) and (1A) of article 359should be amended by substituting for (except articles 20 and 21), thefollowing-

    (except articles 17,20,21,23,24,25 and 32)

    Article 368(allow states to propose amendments in the spirit of federalism)2. An amendment of this Constitution may be initiated only by the introduction of

    a Bill for the purpose in either House of Parliament, and when the Bill ispassed in each House by a majority of the total membership of that Houseand by a majority of not less than two-thirds of the members of that Housepresent and voting and thereupon the Constitution shall stand amended inaccordance with the terms of the Bill ,or on the Application of theLegislatures of three fourths of the several States, shall call aConvention for proposing Amendments.: Provided that if suchamendment seeks to make any change in -1. article 54, article 55, article 73,article 80, article 162 or article 241, or2. Preamble, Part III, Chapter IV of Part V, Chapter V of Part VI, or Chapter I

    and Chapter II of Part XI, or

    3. any of the Lists in the Seventh Schedule, or4. the representation of States in Parliament, or5. the provisions of this article, the amendment shall also require to be

    ratified by the Legislatures of not less than two thirds of the States byresolutions to that effect passed by those Legislatures before the Billmaking provision for such amendment.

    Section 3,4,5 repealed(4,5already invalidated by SC)

  • 8/8/2019 Proposed Constitutional Amendments of India

    18/20

    Article 368A (originalism)The words and phrases of this Constitution shall be interpreted according

    to their meaning at the time of their enactment, which meaning shall remainthe same until changed pursuant to Article 368; nor shall such meaning bealtered by reference to the law of nations or the laws of other nations.

    SEVENTH SCHEDULE

    Union List

    Remove

    9. Preventive detention for reasons connected with Defence, Foreign Affairs, orthe security of India; persons subjected to such detention.

    97. Any other matter not enumerated in List II or List III including any tax notmentioned in either of those Lists.

    72 . remove mentioning of state legislature

    Concurrent List

    Remove

    3. Preventive detention

    4. Preventive detention

    Add .

    1. Arms, firearms, ammunition

    2. BANKING:This will lead to state chartered banks eg USA bank of northDakota which will lead to reduction of state debt

    State list

    militia

    Gold and silver as a legal tender in payment of debts

    Other recommendations

    Primary elections for seats to remove party tickets aka be a meritocracy

    No industrialists\businessman to be elected in rajya sabha

    No person having pending criminal case contest or be a MP\mla

  • 8/8/2019 Proposed Constitutional Amendments of India

    19/20

    Natural born clause for PM,President

    FOR PM and cabinet,they must be from lok sabha (elected by the people)as rajya sabha is for state govts to check the central govt.

    Jury verdict unanimous

    Parliament will increase or decrease the size of the national debt.

    Various Parliament committees and subcommittees esp on intelligence\cbioversight and have the power to subpoena.

    Reason for frequent elections: http://www.federali.st/52#p5from us federalist papersFirst. As it is essential to liberty that the government in general shouldhave a common interest with the people, so it is particularly essential thatthe branch of it under consideration should have an immediatedependence on, and an intimate sympathy with, the people. Frequentelections are unquestionably the only policy by which this dependence andsympathy can be effectually secured

    The conclusion resulting from these examples will be not a little strengthened byrecollecting three circumstances. The first is, that the federal legislature willpossess a part only of that supreme legislative authority which is vestedcompletely in the British Parliament; and which, with a few exceptions, was

    exercised by the colonial assemblies and the Irish legislature. It is a received andwell-founded maxim, that where no other circumstances affect the case, thegreater the power is, the shorter ought to be its duration; and, conversely, thesmaller the power, the more safely may its duration be protracted. In the secondplace, it has, on another occasion, been shown that the federal legislature will notonly be restrained by its dependence on its people, as other legislative bodiesare, but that it will be, moreover, watched and controlled by the several collaterallegislatures, which other legislative bodies are not. And in the third place, nocomparison can be made between the means that will be possessed by the morepermanent branches of the federal government for seducing, if they should bedisposed to seduce, the House of Representatives from their duty to the people,

    and the means of influence over the popular branch possessed by the otherbranches of the government above cited. With less power, therefore, to abuse,the federal representatives can be less tempted on one side, and will bedoubly watched on the other.

    Executive form of govt in the states(texas constitution as the governor isweak and wont lead to dictatorship aka one man rule as lieutenantgovernor is voted separately ) & bicameral states legislatures so to havechecks and balances.

    Reason:stable state govts=more development.

  • 8/8/2019 Proposed Constitutional Amendments of India

    20/20

    Right to recall state mps\governors as state govt wont fall in a executivesystem.

    Removing presidents rule aka article 356 if executive from of govt is thereas there will be stability and having MILITIA aka state national guard andnational guard on the lines of USA to prevent law and order problems.

    Increasing seats in lok sabha btw 651-1543 so to have betterrepresentation by the people and removing anti defection laws except invote of no confidence so as mps are accountable and listen to theirelectorate and not party high command.

    Town hall style meetings by mps to better know the grievances of theirelectorate.

    Posse Comitatus act on the lines of USA to prevent army from fightingwith the public or helping law enforcement except in case of natural

    disasters. Militia act on the lines of usa to have militia

    Insurrection act on the lines of USA to replace article 356 if executive formof govt is there in the states

    Parliament to have the power to coin money and regulate the valuethereof (very imp)