Wednesday, September 23, 2009

Other suggestions for consideration

Any person or group of persons violating the constitution shall be held personally responsible for his, her or their conduct and shall be dealt with suitably. To preserve the continuity of the Segments, a system of retiring by rotation, as is practiced in the Board of Directors of limited liability companies may be considered, as that system might be more beneficial to the country.

Articles for the following purposes have to be incorporated into the Constitution (a) that the environment is the foundation of economic growth and poverty reduction, and that the government is legally responsible for providing a clean and healthy environment for its citizens, (b) provision for public interest litigations on the lines that is available in India against any institution or personally against any official of an institution for actions taken or not taken or delay in taking action that would adversely affect the interest of any individual or group of persons, during the course of his/her duty, even if done in good faith, if it could have been avoided had he/she taken an alternative course of action (c) a "Right to information Act" similar to what is available in India be enacted to enable the ordinary person to obtain any information that he/she wants which shall include photo copies of minute sheets or the like provided such information will not hamper the security of the country (d) discriminat on on any grounds by anyone shall be made a punishable penal offence similar to what is available in Canada and a greater punishment if that person happens to be a public servant (e) for controlling the exploitation of our natural resources including fishing on the high seas within our boundary, by the multinational companies as is being done in China (f) devolving the decision-making powers over the use and management of natural resources to the local communities (to Segment F) – as it would create greater food security and more equal power relationship, (g) civil society organizations that represent public interest be given their due place in legislative and budget policy debates and where necessary in other matters as well.

No Law shall be initiated, amended or repealed by Segment A until a2/3 majority in each of the groups in Segment C have ratified it.

No laws, motions, byelaws, regulations that affect its minority shall be deemed to have been accepted by any group in Segment C unless a three-fourth majority of the minority members in that group in Segment C supports it.

No loan can be negotiated by Segment B for any purpose without the prior approval of all the groups in Segment C.
Three months before the date fixed for election in the constitution, canvassing in any form shall be forbidden including the announcement of any beneficial programs and the incumbents in any Segment shall not in any way assist the contestants for any Segments or in the alternative if the date of election is not fixed in the constitution and the incumbents are permitted to contest, then a caretaker government shall be in office on the Pakistan and Bangladesh model – consisting of persons not directly involved in partisan politics, with the Chief Justice as the Head of the State and elections be concluded within a period of six months at the maximum.

Independent Commissions: shall be appointed for the proper administration and control of the various services that have to function independently according to laid down procedures. These commissions are accountable and answerable to the Head of State. No interference of any kind by anyone including the Head of State, Heads of Segments or any member of any Segment shall be permitted.

Composition of the commissions shall be on the basis of one member from each of the Regions elected jointly by the members of all Segments within each Region. The members of Segments A and B shall jointly elect one member of any Commission, who shall be the Chairman.

The administrative set-up would be region-wise in all matters save and except those that cannot be entrusted to regions due to their particular national character and are of concern to the entire country
– e.g. postal, railway etc. and these would come under the control of Segment B but any development activity connected to these institutions should be entrusted to the concerned group in Segment D.

Groups in all Segments would have the freedom to interact and formulate policies on matters assigned to the Segments or for any other purpose they deem necessary thus preserving the indivisible character of the country.

When a voter becomes ineligible to contest an election by having been a member of a Segment during the preceding two years or for any other reason then that ineligibility shall also apply to his/her immediate family, his/her parents immediate family including their grand parents and grand children.

It is earnestly requested that the learned persons who are advising the government in drafting amendments to the constitution, take into consideration the basic suggestions contained herein and build on it in the wider interest of the country at large. It is accepted that many other important issues have not been given thought to or mentioned herein due to the length of these suggestions and my limited capacity.

Due to the fratricidal violence that we are now embroiled in, it is far too easy to lose sight of these matters, so much to rob us of the very ideas that can be our salvation.

For further details, clarifications, objections, comments, constructive criticisms of any short-comings or defects in these proposals, and where possible suggesting suitable remedies to overcome them, are most welcome and may please be addressed to:

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