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Wednesday, March 16, 2011

Constiutional Reforms by Shrii P R Sarkar-A Few Problems Solved Part 8


Constiutional Reforms by Shrii P R Sarkar-A Few Problems Solved Part 8

Constitutional Reforms

To overcome these fiscal and psychological loopholes, all constitutions in the world today need to be reformed. The following reforms should be implemented.

(1) Dissolution of the ministry or parliament. The president may discharge the ministry or dissolve the parliament under certain circumstances: in case of inimical action within the country; in case of disorder or the breakdown of law and order; in case of external inimical activity; and when a democratic ministry is rendered a minority in the parliament. When a democratic ministry is discharged because it is a minority in the house, the president has to explain the reasons for his or her actions before the parliament within one month from the day of taking such action against the ministry. If the parliament is already dissolved then the president will have to arrange a general election within six months and explain the position before the newly elected parliament within one month of the election.

(2) Period of emergency. The president may continue the period of emergency with the approval of parliament for a period of six months, and with such a parliament the president may continue a period of emergency for not more that two years.

(3) Advice of a lame duck ministry. The president may or may not act on the advice of a lame duck ministry. If the advice of a lame duck ministry is not honoured by the president then the parliament will be dissolved. A new parliament will have to be formed through a general election, and the president will have to explain his or her position before the new parliament within one month of its formation.

(4) The moral standard and character of the president and prime minister. The president or prime minister must be of high moral character. The president or prime minister must not divorce his or her spouse, marry a divorcee or have more than one spouse.

(5) The power of the president to issue any statement. The president must not issue any statement under normal conditions without consulting the parliament or the prime minister. In normal conditions when there is a ministry, the president will have to act according to the advice of the ministry. In case the ministry is dissolved the president will have to act according to the advice of parliament.


(6) Parliament in the role of constituent assembly. The parliament will play the role of constituent assembly only with a majority of 7/8 of the members, because changing the constitution at regular intervals reduces the status of the constitution.

(7) Language. All living languages of a country must have equal status before the state or the government.

(8) Equal rights. All citizens must have equal rights before the law. Physical requirements are to be equally considered for all citizens so that all citizens will have equilibrium and equipoise in collective life.

(9) Review board. To review economic progress and development of different parts of the country, a high-level review board should be constituted by the president. If there is any difference between the ministry and the board, the president must act according to the advice of parliament. And if there is any difference between the parliament and the board, the president should seek advice from the supreme court of the country and act according to their official advice, according to the provisions of the constitution.

(10) A case against the prime minister or president. A case may be filed in the supreme court against any person in the country including the prime minister and president, because every citizen in the country is equal before the constitution.

(11) The right of self-determination and plebiscite. The right of self-determination for a part of the country may be recognized only on the basis of a plebiscite held in that area with the permission of the parliament functioning as a constituent assembly. If the plebiscite is to be held, it should be held under the strict control and supervision of the central government by the chief election commissioner of the country.

(12) Education. Primary education for all must be guaranteed and education should be free from all political interference.

(13) The law and the constitution should be the same. The law and the constitution should be the same for the entire country, as each and every individual is equal before the law and before the constitution. According to th constitution, each and every part of the country will enjoy the same power. For example, special rights or facilities for Kashmir should not be allowed. Today a Kashmiri can go to Bengal and purchase land, a house, etc. but a Bengali in Kashmir cannot enjoy that facility. This kind of discrimination must end.

Charter of Rights

The formation of a World Government will require a world constitution. A charter of principles or bill of rights should be included in such a constitution and encompass at least the following four areas. First, complete security should be guaranteed to all the plants and animals on the planet. Secondly, each country must guarantee purchasing power to all its citizens. Thirdly, the constitution should guarantee four fundamental rights – spiritual practice or Dharma; cultural legacy; education; and indigenous linguistic expression. Fourthly, if the practice of any of these rights conflicts with cardinal human values then that practice should be immediately curtailed. That is, cardinal human values must take precedence over all other rights. All the constitutions of the world suffer from numerous defects. The above points may be adopted by the framers of different constitutions to overcome these defects.


Shrii P R Sarkar
A Few Problems Solved Part 8

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