Interim Constitution Draft



40 Seats For Maoists, 25 For Others (May 31, 2006)
Interim Constitution, Revolutionary Parliament (April 8, 2006)

Preamble
  1. Nepal is a secular state with the sovereignty resting with the Nepali people.
  2. This is an interim constitution to be replaced by the new constitution formed through the constituent assembly process.
  3. This interim constitution may be amended by the parliament through a 65% vote.
Proposition
  1. A parliament is to exercise the people's sovereignty during the interim period and is to command the entire state structure.
  2. Eight party governments are also to be formed at the village, town, city and district levels.
  3. This arrangement is for the interim period until elections to the constituent assembly are held. The parliament is to be dissolved two months before the assembly elections are to take place. An eight party interim government will stay in place.
  4. The assembly is to give the country a new constitution, and local elections are to be held. The local eight party governments are to be dissolved two months before the date of such elections.
Composition Of The Parliament
  1. The parliament is to be 270 strong, and is to be composed of the eight party alliance and the civil society. This is also the total number of seats for the constituent assembly, one seat for every 100,000 Nepali, holding direct elections for each seat. District boundaries are to be ignored.
  2. The seven parties are to get the number of seats they had in the dissolved House, but it is not to be the same members necessarily. Of the remaining seats, the Maoists are to get 2/3rd of the seats, and the civil society the remaining 1/3. But all nine components will have to have reserved seats for the DaMaJaMa according to the formula below.
  3. 33% of the 270 seats have to be for women. The total number of reserved seats will be 50%. Dalit, Madhesi, and Janajati are to get 10, 20, and 20 per cent reservations each, at least half of which are women from those groups.
  4. These reservations are to stay in place for the constituent assembly elections.
Monarchy
  1. The monarchy stays in limbo, its fate to be decided by the constituent assembly.
  2. The parliament may further curtail the powers and expenditures of the monarchy to the extent it deems appropriate.
Army
  1. The Nepal Army answers to the parliament, and the interim government may hire, fire, promote and demote any person in the army at a moment's notice.
  2. The Maoist Army answers to the parliament, and the interim government may hire, fire, promote and demote any person in the said army at a moment's notice. All Maoists carrying guns or otherwise working in the capacity of soldiers are to be termed members of the Maoist army. Only two categories of Maoists are to be allowed: those who are soldiers, and those who do peaceful political work. The third category of militia are not to be entertained.
  3. The parliament may order the two armies into barracks, may order the two armies to fully give up all their arms and ammunition.
  4. The parliament may integrate the two armies, or wait until after the elections to the constituent assembly.
  5. The parliament may downsize the two armies before or after such integration.
  6. The parliament may dismantle both armies before elections to the constituent assembly.
  7. When the parliament exercises any of these options, if soldiers of either army end up losing their jobs in the process, they are to be provided with assistance in terms of education, vocational training, and business loans to ease their transition into the private sector of the economy. Foreign aid is to be sought for the same.
Taxation
  1. The interim government is the only legitimate government in the country. No other entity may collect taxes. And if any do, such will be curtailed as law and order problems. Any political organization participating in such acts will be barred from further participation in the government.
Census, Citizenship Papers
  1. A scientific census is to be conducted before the constituent assembly elections.
  2. Citizenship papers are to be distributed before the constituent assembly elections to all Nepalis who have been denied the same.
Constituent Assembly
  1. The supreme goal of this interim constitution is to make it possible for the eight party alliance to take the country through the constituent assembly process at the earliest possible.
  2. The parliament is to take the decisions to do with the details of the constituent assembly process.
Proposed Republican Constitution 2006

In The News

Tripathi for fresh census before election of the Constituent Assembly NepalNews Minister for Industry, Commerce and Supply, Hridayesh Tripathi, said that a fresh census should be held in the country before the election to a constituent assembly. Speaking at an interaction in the Capital on Tuesday, Minister Tripathi said, "The new census will bring the real picture of Nepal. This is a prerequisite to let all ethnic, regional communities, Madheshis and Dalits represent according to their population." He claimed that the Census 2001 is not reliable because many parts of the country could not be covered due to the conflict. He also said the problem of citizenship should be solved before going to the election for a constituent assembly. Tripathi also informed that he would raise the issue at the forthcoming meeting of the council of ministers. Speaking at the same programme, UML leader Bharat Mohan Adhikari ... "The government should be engaged in discussing about how to include indigenous people, women, Madhesi and Dalits in the election for a constituent assembly," he said. The leaders also agreed that Maoists should not be included in the interim government before Maoists’ arms management.
Interim constitution should be inclusive: Speakers Advocate Geeta Basnet said, “There is no democracy for women because they have not achieved equal rights.” ...... Representatives from Terai and Dalit communities also stressed the need of incorporating their issues properly in the interim constitution.
US not to support the interim govt. until Maoists renounce violence CPN (Maoist) was still recognized by US law as a terrorist organization and that the US couldn’t provide material support to a terrorist organization. Do the people of Nepal feel that it is correct for Maoists to retain the option of violence as peace process goes forward? Moriarty also blamed the Maoists of not showing the good faith the new government of Nepal was showing towards them. “Until the Maoists bring their conduct in line with standards of mainstream political parties in multiparty democracies, it would be premature to declare that peace is already at hand...... “I am concerned by the continued gap between Maoist commitments and Maoist actions. Kidnapping, extortion, intimidation, and murder are not tools for mainstream democratic political parties—which the Maoists claim they are becoming ...... the US saluted Nepali people’s courage and resilience .....
High level probe commission summons Rana, others
Maoist leaders call on Indian Ambassador
Speaker Nemwang administers oath of office to MPs The HoR proclamation earlier said all the officials holding public office must take oath of office before the special committee of the HoR and would lose their job if they refused.
Singh appointed NC (D) vice-president Deuba appointed Singh, who shared the post of general secretary with Bimalendra Nidhi ..... The appointment comes amid disputes over the seniority between the two general secretaries, which had even hampered the decision-making process within the party. .... Gopal Man Shreshta ... Both Shrestha and Singh will be working in the capacity of vice-presidents
Nepal: The Taming Of The Crew
By Sanjay Upadhya The Maoists’ – often contradictory -- interpretation of the June 16 eight-point accord, the discord within the Seven Party Alliance (SPA) over certain provisions of the deal, and differences within Koirala’s Nepali Congress on the prime minister’s support of a ceremonial monarchy ...... the enigma that Prachanda still remains. ...... Can his reputation for tolerating no dissent within his organization weld into the imperative of free and open deliberations the multiparty system – at least the SPA version of it -- presupposes? ....... is the rebel leader’s eagerness to discard “parliamentary republicanism” in favor of a more locally relevant model merely the first draft of an opt-out clause? ........ can the foot soldiers adapt to competitive mainstream politics discarding the Great Helmsman’s adage that power grows out of the barrel of the gun? ...... Many are tempted to believe that the rebels have sincerely chosen the path of pragmatic politics. ..... The silence of military strategist Ram Bahadur Thapa “Badal” is becoming deafening by the day. Nanda Kishor Pun “Pasang”, another influential rebel commander, too, is said to be unhappy with the latest turn of events. Matrika Yadav, the most prominent Maoist leader from the Terai, has threatened to boycott the constituent assembly polls unless Madhesis get citizenship certificates.......... If Prachanda’s sole substantive program consists of exploiting Yarchagumba, that rare fungus found only in the Himalayas and prized in traditional Chinese medicine as an aphrodisiac, then Finance Minister Ram Sharan Mahat should immediately begin private session in Economics 101 with the rebel leader.
Country's Army Slurred - By Chakra Shrestha Consider a hypothetical situation where in our Prime Minister and Defense Minister called the Maoist militia "murderers of innocent Nepali people who tortured and raped women and used the point of their guns to extort money from the rich and the impoverished" at a live press conference in Rolpa in the presence of the highest Maoist leadership....... Pushpa Kamal Dahal slurred the country's army of being nothing more than murderers and rapists...... he referred to our Prime Minister as "Girija" ..... Mahantha Thakur of Nepali Congress and Deputy Prime Minister Amik Scherchan gave political colors to the army's restrained self defense....... by involving in the politics of press releases...... It is true that there have been numerous incidents of human rights violations involving the country's army and yes, there have been cases of rape and manhandling involving our soldiers....... a day after the King reinstated parliament. The army Chief went on record on CNN to state that the army could take in some Maoist militia into its ranks in the changed political context. The process of assimilation could take time but his comments could be seen as the first and instant sign of the army's genuine desire for reconciliation........ the military leadership has repeatedly committed itself to follow the directives of the government......
India to provide $ 115 million to Nepal for road projects Hindu, India for strengthening roads building projects in the southern Terai belt of Nepal ...... "The massive increase in the physical connectivity through this ambitious project is expected to have a catalytic impact on the overall socio-economic development of the region" ......
Guerrillas kill 9 during ceasefire in Nepal People's Daily Online, China The guerrillas' leadership gave assurances that such killings are not their policy and that they would take these cases very seriously ..... "Investigations will be carried out and that any guerrillas cadres found responsible will be punished."
UN Urges Maoists to End Killings of 'Criminals'
Himalayan Times
Nepal becoming alternate route for militants to sneak into J&K Zee News, India
Nepal's Maoist leaders meet Indian ambassador Islamic Republic News Agency, Iran Nepal's Maoist leaders, including Chairman Pushpa Kamal Dahal alias Prachand, on Wednesday met Indian Ambassador Shiv Shankar Mukherjee at the Indian embassy in Kathmandu....... one-and-a-half-hour-long meeting ...... Dr Baburam Bhattarai was also present at the meeting.
Nepal 'council' proposed Gulf Daily News "He (Prachanda) proposed the formation of a council which would comprise representatives of the seven (political) parties, Maoists and civil society as an alternative to the current house of representatives," said Ram Baran Yadav, joint general secretary of the Nepali Congress party.
Maoist rebels propose council to replace parliament Daily Times
Nepal Maoists begin diplomatic blitzkrieg with India Telugu Portal, India
Nepali guerrilla leaders meet with political party leaders People's Daily Online Madhav Kumar Nepal, Prachanda and Bhattarai met with Nepal at his residence in Kathmandu, on Tuesday evening. ....
NEPAL: Army still using schools as barracks - activists IRINnews.org, NY
Nepal jails 'cowardly' soldiers BBC News
Nepali gov't asked to remove security forces from schools People's Daily Online
Sex abuse rampant as Nepal schools turn into barracks Newindpress (subscription) Children as Zone of Peace, an umbrella of 36 rights organisations, says it has been urging the new government of Prime Minister Girija Prasad Koirala to withdraw security forces from all occupied schools but to no avail. .... at least 11 schools where security forces are still running barracks. While most of them are in the outer districts, at least one, the Dhumrabarahi School, is in Sukedhara in the capital.... growing incidents of girl students in Class 9 and above being subjected to sexual abuse by the soldiers ..... such reports from remote districts like Rukum, Salyan and Bajura, as well as Kathmandu. A recent incident involved a policeman posted in a barracks inside a school in Kathmandu marrying a minor student........ "Children should not be going to school fearfully," says Dhital. "Freedom from fear is one of the basic rights." ..... According to CWIN, 462 children were killed during the decade-old armed conflict and 524 injured. Besides, thousands of children have lost one or both parents and tens of thousands have been displaced. Hundreds have also been recruited by the rebels, who, however, deny that they have child soldiers. .... "As there is a truce now, we are also asking both sides to release the children under their custody," says Aryal. "They should be allowed to return to their families and be reintegrated."
No role in deaths, says ex-Nepal Minister Hindu, India Dr. Giri told journalists that he did not have any role in the death of 21 pro-democracy protesters during the three-week movement ..... Asked whether he shoulders responsibility for atrocities committed during the movement, Dr. Giri said, "The one who is responsible for it should shoulder the blame." ..... the state did not commit excesses. "The state was only trying to maintain law and order." .... Badri Prasad Mandal and Nikshya Sumsher Rana ... also told the journalists after their interrogation that they personally had no role in the state's attempt to suppress the movement.
Nepal's high-level commission grills King's former deputy Zee News
Royalists quizzed by Nepal panel BBC News
Nepal archive gets computers working in Nepali India eNews.com, India

NA men blamed for MP Yadav’s murder Kantipur Publications Yadav, who was kidnapped from Kashaha along the Mahendra Highway on February 2, 2004,while on his way to participate in a party meeting, was found dead on the banks of the Kamala River in Dhanusha district the next day.
All Nepalis have foreign debts: Auditor General
OHCHR-Nepal report faulty: Maoist Spokesman Mahara “Many reports so far are not true but all the reported incidents will be investigated and our party will not hesitate to take necessary actions against the cadres found guilty,” Mahara said.
Rayamajhi commission summons four others Satchit Shumshere Rana, member of the outlawed royal advising body—Rajparisad, minister of the former royal cabinet Niranjan Thapa, Krishna Thapa, assistant Inspector General of Police and Rabiraj Thapa, assistant Inspector General of Armed Police
US delighted on Nepal agreement to return to full democracy: Moriarty
SP recalled for Shah's escape Acting chief of Tribhuvan International Airport Security Bimala Thapa on Tuesday was called back to Police HQ. ..... for failing to bar Sharad Chandra Shah, a close aide of King Gyanendra, from fleeing the country Thursday. .... Senior Superintendent of Police Prakash Kunwar, currently at Police HQ, has replaced Thapa effective from yesterday.
NAC to start Pokhara-Bhairahawa flights
Maoist support free market economy Maoist negotiator and senior CPN (Maoist) leader, Dev Gurung Tuesday has said his party will not nationalize national capital of the country..... Gurung discussed industrial and economic policies with FNCCI office bearers...... Gurung said his party supported free market economic policy and would welcome foreign capital into the country..... the Maoist would seek direct participation of entrepreneurs and open discussion to formulate policies related to industries. ....
सैनिक सचिवालय अझै सक्रिय
दमन कसले गर्‍यो उसैलाई सोध्नुस्’ डा. गिरी बयानका लागि बिहान पौने ११ बजे बा१च ४५५८ नं को रातो कारमा गएका थिए । आयोग अध्यक्ष कृष्णजंग रायमाझीले सदस्यहरू र अनुसन्धान अधिकृतसमेतको उपस्थितिमा गिरीसँग बयान लिएका थिए । मण्डल र राणालाई भने सदस्यहरूले बयान लिए । 'मैले दमन गरेको छैन । कुनै पनि सरकारले दमन गर्दैन ।' मण्डलले भने जनआन्दोलनमा मान्छे मार्ने, हिंसा बढाउने काम आफूहरूले नभई सुरक्षा निकायले गरेको बयान दिएका छन् । 'कसरी गोली चल्यो, कसले मार्‍यो त्यो हामीलाई थाहा हुने होइन,' उनले भने- 'सुरक्षा निकायकालाई सोध्नुपर्छ,' उनले भने ।
राजाको सम्पत्ति राष्ट्रियकरण गर्न माग
धर्मनिरपेक्ष घोषणाको स्वागत
संविधानसभाअघि नागरिकता र जनगणना’ उद्योग वाणिज्य तथा आपूर्तिमन्त्री हृदयेश त्रिपाठीले नागरिकता वितरण र जनगणना सकेर मात्र संविधानसभाको निर्वाचनमा जानुपर्ने बताएका छन् । संविधानसभाअघि गरिएको जनगणनाले संविधानसभालाई नै बल पुग्नेसमेत उनले दाबी गरे । 'संविधानसभालाई बाधा नपुग्ने गरी जनगणना अविलम्ब सम्पन्न हुनुपर्छ,' उनले कान्तिपुरसंँग भने । वर्तमान संरचनामै छिट्टै जनगणना गर्न सकिनेसमेत उनको तर्क थियो । मन्त्रिपरिषद् बैठकमा जनगणना विषय उठ्ने त्रिपाठीले उल्लेख गरे । संसद् जनतामा निहित रहेको, सार्वभौमसत्ता र राजकीयसत्ताको अभिव्यक्ति पुनःस्थापित प्रतिनिधि सभाले गरिरहेको उल्लेख गर्दै उनले भने- 'सर्वाधिकार र बैधताको स्रोत प्रतिनिधिसभाको समुचित विकल्पको खोजी नै अर्को व्यवस्था हो ।' वर्तमान प्रतिनिधिसभा जस्तै सर्वाधिकारसम्पन्न निकायको व्यवस्था गरेर संसद् विघटनमा जानुपर्ने उनले बताए ।
प्रचण्ड टोलीद्वारा नेताहरूसँग भेटघाट
माओवादी दोषी ः प्रतिवेदन
सैनिकद्वारा महिलाको शरीरमा तेजाव प्रहरी, सेनाले कारवाही गर्दैन, ज्यानै जोगाउन पनि मैले माओवादीको शरणमा आउनुपर्‍यो' न्याय पाउने आशामा माओवादी संरक्षणमा पुगेकी उनले भनिन् । आकृतिको अनुहारभरि तेजावको घाउ छ । निधारदेखि घाँटीसम्म खन्याइएको तेजावको प्रभावले दुवै आँखा धिमा भएका छन् । 'राती आँखा देख्दिन' उनले भनिन, 'दिउँसो पनि धेरै कम देख्छु ।' 'सेना र प्रहरीले घटनाबारे खासै गम्भीरता देखाइरहेका छैनन्,' माओवादी मधेस स्वायत्त प्रदेशका सचिव अरुणले भने, 'राज्यले दोषीलाई दण्ड दिएन भने हामी चुप लागेर बस्दैनौ ।'
अन्तरिम अलमल
पाँचौ आयाम
द्वन्द्वपछिको विकास
संसद् विघटनको औचित्य
समावेशी लोकतन्त्रमा महिला
सबै हिमाली जिल्लामा भिस्याट फोन

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Comments

The "Interim Constitution" will in large part determine if the "revolution" is sucessful.

While there will be the US eager to continue to build the NA(Army), and discussion as to what role the Maoist Army will play in the New Nepal, it in my opinion, that it would be better to go to the
Pre-1990 level of Security Forces... about 20,000 combined Police and Army.

THE REST OF THE MABADI-ARMY & THE NA(ARMY) SHOUL BE DISBANDED.

When we walked down the street in any big city or small towm, or in the jungles or mountians in Nepal we were SAFE before the Army & Police were expanded to about 120,000.
Also the Mabadi(CPN-M), when part of the Government, does not need a seperate Army.. This is a recipe for disaster..

Thank you for this Blog.. You are the Greatest !!!
D.Michael VanDeVeer mike4radio@yahoo.com
THIRD WORLD WAR said…
India should convene a new constituent assembly to draft a new capitalist constitution for the post-nation state world, which Buddhist China may also adopt after it overthrows the evil Communism.
http://clearblogs.com/IndianConstitution/
http://indiatalking.com/blog/reforms4indianconstitution/
http://indiatalking.com/blog/kalkigaur/
REWRITE INDIAN CONSTUTION- CONVENE CONSTITUENT ASSEMBLY- KALKI GAUR
(1) Indian Constitution drafted in 1950 and undergone numerous amendments during one-dominant party system has become outdated and India needs a new constitutional assembly to draft a totally new constitution. Kalki Gaur has proposed a new Draft of a Constitution of India. Just as victorious USA imposed constitutions on Germany, Italy, Japan, Afghanistan and Iraq, similarly British Empire imposed 1950 Constitution on India to keep India week, instable and divided. It is time to convene a new Constitutional Assembly of India to draft de novo a Constitution of India. The 1950 Constitution is badly drafted and became outdated by numerous amendments, and 60 years is a too long a period for a Constitution to remain relevant and suitable for the modern aspirations of a Rising India, the Super Power of the world and in an age where archaic-nations states are giving way for continental-size regional supra-national federations. We need a new Constitution suitable for reunification of Indian Empire and to allow Greater India to emerge in Southeast Asia and Central Asia. It is a time to adopt a new constitution drafted by the new generation of India suitable for Global Power India.
(2) Prakash Karat of the CPM asked for EC reform. Once again, the CPI(M) and the Election Commission of India are on a collision course. In a direct attack on the Election Commission, CPI(M) General Secretary Prakash Karat said he had never seen a more biased Election Commission and wants EC to be accountable. The CPM made it clear that unless something is done to stem the rot, the commission - one of India's finest institutions since independence, will degenerate the way so many other institutions have been destroyed in the country. Bitter with their Bengal experience, where the Election Commission held almost a month long elections spread over five phases, the CPI(M) has now prepared a note that raises the issue of reforming the EC of India. The CPI(M) plans to circulate it among all political parties. The CPI(M) wants a legislation that will clearly spell out the power of the Commission as well as ensure political neutrality. "Here we have a commission that told us to our face, elections in Bengal are held according to Rig veda." said Prakash Karat, on Wednesday, August 30, 2006 in New Delhi. Prakash Karat wants to mould Indian Election Commission to make it similar to Chinese Election Commission and to make Indian Democracy similar to the Chinese democracy, the motherland of every CPM Communist in India. Perhaps Indians should work to overthrow Communism in China and install new Constitution of China similar to Indian Constitution.
(2) Some of the reforms suggested by CPI(M) demanded include: (a) No election commissioner should be associated with any political party even after his retirement. Kalki Gaur supports this reform.
(b) An Election Commissioner should not go on to become a member of any political party or a member of parliament and they should undertake an oath to this effect at the time of appointment The government should consult the leader of the opposition in Lok Sabha and the Chief Justice of India before naming election commissioners There should be greater clarity on the powers of election observers. Kalki Gaur supports this reform.
(3) Whether or not this note changes the way the Election Commission functions, but it will surely generate an intense debate. "It is a democratic country and everyone has the right to express their views. He said that former ECs cannot get associated with politics? I agree with that view," said N Gopalaswamy, Chief Election Commissioner.
(4) Populists and Neoconservatives make following suggestions regarding the Election process, electoral lists:
(A) All such politicians, voters and officials that conspired to enroll illegal aliens from Bangladesh into Indian electoral lists after 1951, should receive mandatory five year jail imprisonment and fine of Rs. 100,000 per case of illegal aliens, and debarred from holding any political office for the period of five years.
(B) All illegal aliens from Bangladesh that entered India after January 1, 1951 and their descendants even if born in India, must be removed from all electoral rolls, and deported from India.
(C) All political organizations that opposed Indian Freedom Movement, or conspired for the partition of India in 1947, and partition of India in 1935, and worked towards secession of Khula from India should be derecognized as political parties in India.
(D) No person holding a criminal record should have right to vote and contest any elections in India.
(E) No person holding any Black money more than Rs. 10 lacs or tax evader for more than Rs. 1 lac should be eligible to contest for any political office. All candidates must get a clearance from Tax authorities that their tax payments are current and they do not hold any black money.
(F) Any act of any government in power using the government officials for furtherance of election campaign must get deterrent punishment.
(5) People of India should adopt the Indian constitution presented in Kalki Gaur Blog URL http://clearblogs.com/indianconstutiton/
http://360.yahoo.com/hindustanempire/
http://indiatalking.com/blog/reforms4indianconstitution/
http://indiatalking.com/blog/kalkigaur/
KALKI GAUR EMAIL dilomatkalkigaur@yahoo.com

(38) Article 38: Election Commission of India
(0)(38B) Article 38B. Election Commission of India
Superintendence, direction and control of elections to be vested in an election commission
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that the President makes behalf by Parliament.
(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.
(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission.
(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
(6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission.
(0)(38C) Article 38C. Single Electoral Roll
No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
(0)(38D) Article 38D. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage
The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
(0)(38E) Article 38E. Power of Parliament to make provision with respect to elections to Legislatures
Subject to the provisions of this Constitution, Parliament may from time to time by law make provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.
(0)(38F) Article 38F. Power of Legislature of a State to make provision with respect to elections to such Legislature
Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.
(0)(38G) Article 38G. Bar to interference by courts in electoral matters
Notwithstanding anything in this Constitution - (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made, shall not be called in question in any court;
(b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.
(0)(38H) Article 38H. Special provision as to elections to Parliament in the case of Prime Minister and Speaker
© 2006 Author Kalki Gaur, “Populist Constitution of India”
Email DiplomatKalkiGaur@Yahoo.Com;
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