Saturday, September 03, 2005

Proposed Constitution


Proposed Constitution

Preamble
  1. Nepal is a federal kingdom, a total, transparent democracy, with the sovereignty resting with the Nepali people.
Article 1: The Legislative Branch
  1. There is to be a lower house, the Pratinidhi Sabha, with 180 members, 60 per state, and a upper house, the Rajya Sabha, with 60 members, 20 per state, all of whom are to be directly elected through constituencies demarcated such that the largest has a population not more than 5% of the smallest, geographically in close approximation to a circle or a square, and protected from partisan gerrymandering by an autonomous Election Commission. The constituencies need not respect district boundaries. Three constituencies for the Pratinidhi Sabha will make one for the Rajya Sabha. The entire Sabha is dissolved en masse when its term nears expiration.
  2. All matters of national importance are to be decided by the national parliament through a majority vote unless otherwise stated. Parliamentary procedures are to be laid out or revised with a 60% vote margin.
  3. The legislatures are to elect their Speakers and Deputy Speakers. The legislatures shall assemble at least once every four months, and as often as necessary.
  4. No parliamentarian may be arrested while the parliament might be in session except for felony charges. Their speech in parliament is protected from any and all oversight, legal and otherwise.
  5. A simple majority of the parliament will pass the budget. All budget proposals must originate in the Pratinidhi Sabha.
  6. All bills must be posted online in three languages - Nepali, Hindi and English - for at least one week before they may be voted upon.
  7. All regional and international treaties that Nepal might enter into will have to pass a 60% majority in the parliament.
  8. Political parties may not engage in fund-raising activities. Instead each national party, described as those that garnered at least 3% of the votes in the previous nationwide elections, will get an annual sum that will be directly proportional to the number of votes it earned. That money is to be used for party-building and electioneering activities. Details of expenses are to be posted online in the three languages to the last paisa on at least an annual basis.
  9. The Election Commission holds secret ballot elections for party leadership for each national party. Tickets for all elections are distributed by parties through democratic methods involving members at or below the said level in the organization.
  10. The Election Commission puts in place ceilings as to election expenditures. Independent candidates may not raise money, but may spend their own money that may not exceed the amount of the party candidate spending the most money. Once elected independent candidates may not join a national party for at least one year.
  11. A party may not charge its members more than Rs 36 a year.
  12. Every person on the state's payroll - elected officials, bureaucrats, justices, police, army personnel - is to submit a Family Property Statement, to be posted online and archived and updated annually. Upon exiting the public sector, they may discontinue the practice, but the archives will remain, and the updates will resume should the individuals re-enter public service.
  13. Details of all expenses incurred by the state, to the last paisa, are to be posted online in the three languages. All contracts offered by the state to the private sector are to be bid for in a similar transparent manner from beginning to the end. All job applications and promotions in the public sector are to be similarly handled in a transparent manner.
  14. All formal political deliberations at all levels of government are to be posted online in as real time as possible in the language that was used at the venue. Efforts are to be made to make the same available in Nepali, Hindi and English. All votes are to be similarly made public.
  15. Every elected official at all levels of government is to get a decent monthly salary.
  16. Anyone above the age of 16 is a legible voter. Members of the Pratinidhi Sabha will have to be at least 23 years of age, and that of the Rajya Sabha at least 25 years of age. The terms of members of the two bodies shall last four and six years respectively. All elected officials are to have been citizens.
  17. Acts of impeachment require a vote of 65%. This constitution can be amended by the same vote margin.
  18. The parliamentarians may not increase their salaries in a way that might affect the members of the existing class. The same applies to the salaries of members of the cabinet.
Article 2: The Executive Branch
  1. The legislative party leader of the majority party in the Pratinidhi Sabha becomes Prime Minister. The Prime Minister may elect members to the Cabinet that might or might not be members of the parliament.
  2. When a majority might be lacking, the largest pre-poll alliance, or the largest single party, whichever might be larger, gets invited to form the government, and is given 30 days to prove majority.
  3. The Prime Minister makes nominations to the Supreme Court and other constitutional bodies like the Election Commission (EC) and the Commission to Control Corruption (CCC) to be confirmed by a 60% vote in the parliament. The commissioners serve 6-year terms.
  4. The army, to be called the Nepal Army, is not to be larger than 0.1% of the national population and is to be downsized accordingly within 5 years of this constitution getting promulgated. The Prime Minister is the Commander-In-Chief of the army.
  5. The central bank is to be autonomous, and the governor, to serve a six-year term, is to be appointed by the Prime Minister, subject to a 60% vote in the parliament.
  6. All appointments made by the Prime Minster, except for his or her personal staff, will need a majority vote in the parliament for confirmation, unless otherwise stated.
Article 3: The Judiciary Branch
  1. The judiciary will reflect the composition of the government, from village/town to district, to state to the national level. Towns and cities with more than 25,000 people will be served with more than one court, the number to be decided through a formula by the state government. There will be a layer between the district and the state levels, the Appeals Court, 10 per state. The system is to be peopled like the civil service, on merit.
  2. The Prime Minister makes nominations to the national Supreme Court. The Chief Minister makes nominations to the State Supreme Court. Both are subject to their respective parliaments for 60% of the vote. Justices to the Supreme Court are to serve to the age of 75 or upto their voluntary retirement.
  3. The state and national Supreme Courts interpret the constitutionality of laws passed by the parliaments when thus challenged, but such interpretations may be overturned by the parliaments through a 65% vote.
  4. The parliament, federal or state, may not diminish the salary of a sitting judge.
Article 4: The States
  1. The current "zones" and "development regions" are to be abolished, but the "districts" are to be retained. The country is to be divided into three states, roughly of equal population, Eastern, Central, and Western, to be called Purbanchal, Madhyamanchal, and Paschimanchal, that are to include all three geographical regions, Terai, Pahad and Himal. Each state is to have a Pratinidhi Sabha, 120 members, and a Rajya Sabha, 40 members.
  2. The districts will have their own governments, forming a third layer, named Zillapalika. It is for each state to design the formation and functioning of its component district and town/city governments. The village units are to be called Grampalika, the town units are to be called Nagarpalika, and the city units Mahanagarpalika, and will form the fourth layer of government. District, town/city and village elected officials are to be at least 21 years of age.
  3. The federal government will directly transfer 10% of its annual budget to the 25 poorest districts measured by per capita income. This does not prevent further federal expenditures on those districts.
  4. The income tax structure is to be as follows: 50% federal, 30% state, 10% district, and 10% village/town/city. The income tax is to be collected by the federal government, and funds transferred by the same to the other levels of government as per this formula.
  5. The federal revenue from all sources other than income tax is also to be similarly allocated. 50% stays at the federal level, the rest goes to the three states equally. Each state is also to send out 40% of its non income tax budget directly to the districts in direct proportion to the population of each district.
  6. The education system shall follow a tri-lingual policy up to Class 10, beyond which it is for each individual institution to decide on their own as to the language of instruction. The first language is to be the student's first language, the second language is to be Nepali. For those for whom Nepali might be their first language, the student may choose any language spoken in Nepal. The third language is to be English, the contemporary language of science and commerce. This policy applies to schools in both the private and the public sectors. The language of instruction for all other subjects to Class 10 will be a decision to be made by the individual school boards for the public schools and by the owners of the private schools.
Article 5: The Monarchy
  1. The monarch is the guardian of the constitution and the one who formally invites formations of governments from the parliaments and formally inducts governments.
  2. The first born, son or daughter, is heir to the throne.
  3. The monarch's immediate family - defined as parent(s), wife, children, and grandchildren, and others in direct lineage, the monarch's siblings and their children, and above the law - is to get annual allowances from the state at the 1991 levels. The amount may not be reduced by the parliament. The monarch may request the parliament increases to the allowance through the Prime Minister at any time. Such allowances are not to be taxed, although businesses owned by members of the said family will be subject to taxation and the law.
  4. The monarch may decide to retire at an age of his or her choosing, or not.
  5. It is a state goal to open up enough holdings of the royal family with consent from the monarch to tourists so as to offset the state expenditure on the monarchy through revenue from tourism. Rituals may also be designed and included.
  6. The monarch may opt to appoint a Prince/Princess for each state, to be called Prince/Princess of Purbanchal/Madhyamanchal/Paschimanchal from among the members of the royal family, or not. The monarch may also choose to appoint members that might have married into the family. Such appointments may be rescinded by the monarch at any time. The title comes with extra allowances from the state and a state-funded residence in the state capital. The spouse of the appointed royal family member gets the accompanying title.
  7. Members of the royal family may marry individuals of their choice, not necessarily from certain families, or from within the country.
  8. The monarch will give the annual State Of The Kingdom address, the speech to be crafted by the Prime Minister summarizing the achievements in the public and the private sectors over the past year and outlining a vision for the future years.
  9. It is for the monarch to decide as to who in the political arena or the media to meet for private or public audiences. The monarch may also send political directives of advisory nature to the parliament throught the Prime Minister at any time, none of which is to be binding.
  10. The monarchy may be abolished with a 80% vote in the national parliament.
Article 6: The Individual
  1. The individual is the most important component of the state and is to be protected and celebrated.
  2. Every person has a birth right to freedom of speech, freedom of peaceful assembly, freedom of religion, a right to a speedy, public trial, and a right to privacy, a protection from unreasonable searches and seizures. No person may be tried and punished for the same crime twice. No person will be compelled to testify against themselves. No person will be deprived of life, liberty or propety without due process of law. Private property may not be taken for public use without due compensation. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The privilege of the Writ of Habeas Corpus shall not be suspended. No ex post facto law shall be passed. No warrants are to be issued, except upon probable cause, and should specifically describe the place to be searched, and the persons or things to be seized. A person charged with a crime is to have compulsory process for obtaining witnesses in his or her favor, and is to have the Assistance of Counsel for his or her defence.
  3. Every person born in Nepal is a citizen of Nepal. But this does not prevent people not born in Nepal from seeking Nepali citizenship.
  4. Every person is equal under the law. Any law that might conflict with that fundamental premise will become null and void as soon as this constitution takes effect.
  5. No person shall be taxed more than 40% of their income by all levels of government put together. Those in the bottom 40% income brackets are not to pay any direct taxes.
  6. No business may be taxed more than 30% of its income, and businesses in the bottom 30% income brackets will not pay any taxes. All business expenses are tax write-offs.
  7. The sales tax may not exceed 10% and is to be collected by the state.
  8. Elections at all levels are to be organized on Saturdays.
  9. No citizen of age may be barred from voting for whatever reason.
  10. It is a stated goal of the state to make possible lifelong education for every person in the country through creative partnerships between the private and public sectors, and through creative uses of the internet. The state shall also attempt to provide universal access to secondary education and primary health care, free of cost. The secondary education provision applies to people in all age groups.
  11. The state shall attempt to provide universal access to micro-credit to all in the bottom 40% income brackets.
  12. All persons that might enter into agreements, either in the private or the public sector, to access credit will have the option to declare bankruptcy as a last resort. Money owed by an individual, as opposed to by a business or a corporation, may not be passed on to the next generation. Indentured servitude is an illegal form of collecting money owed by an individual or family. Money owed may not be paid for through manual labor. Any person, group or organization, lending money on interest, the total of which is larger than Rs 20,000, to be indexed to inflation as calculated every five years and rounded to the nearest thousand, is to register as a small business owner, and will be subject to taxation and regulation.
  13. All educational institutions, public and private, must have at least 10% of its students on need-based full scholarships. Institutions may also opt to have 5% on such full scholarships, and 10% on need-based half scholarships, or 5% on full, 6% on half, and 6% on one-third scholarships. But at no time should the proportion of full scholarships dip below 5%.
  14. Employees of the state in the education and health sectors will be paid salaries that are at least 10% larger than to those with similar qualifications serving in other fields.
  15. An accurate, scientific census is to be conducted every 10 years, and scientific projections are to be made for the intervening years.
Article 7: Capitals
  1. The national capital is to be shifted from Kathmandu to the Chitwan valley within 10 years of this constitution getting promulgated.
  2. Udaypur Valley, Chitwan Valley, and Surkhet Valley will respectively serve as the capitals for Purbanchal, Madhyamanchal and Paschimanchal.
Proposed Democratic Republican Constitution (August 12)
Janata Dal Constitution (August 8)
Proposed Constitution (June 18)
Reorganized UN, Proposed Constitution, Methods (May 30)
Proposed Constitution (May 3)
Shortcut To A New Constitution, Shortcut To Peace (April 8)
This Inadequate, Improper, Insufficient 1990 Constitution (April 4)

RNA, Declare Your Own Ceasefire, You Have No Choice



The state army has no option but to declare a ceasefire of their own.
  1. You are not going to legitimately declare war on a group that is not fighting you. You do, you end up at the Hague. One price you pay for peace is you let bygones be bygones. And so in an attempt to seek a political resolution to the civil war, it is a perfectly legitimate stand to take to say let's offer both the RNA and the PLA clean slates, as long as that leads to a permanent peace. But if you think of that stand as a weakness, and if you breach the ceasefire, and try to humiliate a group that has unilaterally declared a ceasefire, then I don't know what is going to prevent you from ending up at the Hague. After all, you are number one in the world in terms of human rights abuses. So don't take a chance. And America is not going to be able to protect you. First, why would it want to? Second, they don't really have the option to. As long as your atrocities can be documented, you are getting on that plane to the Hague.
  2. Dashain and Tihar and Chhath are on the way. The Nepali people need a break. The Maoists have complied. You are going to also.
  3. Suddenly there is this amazing opportunity to seek peace and reconciliation. You are not going to mess that up. Three months is enough time to bring the war to a legitimate end. And you are going to get out of the way, and you are going to stay out of the way. Yes, peace means the army is kicked out of the country's politics. Politics is for politicians. You are headed for civilian control anyway. So don't hurt your future. Behave.
Unless the RNA does something really stupid and forces the Maoists to take back their ceasefire, now I believe I am going to meet the king when he is in New York City. Protest rally on Friday. Darshan on Saturday.

Paras is a high school classmate, as is Uttar. And my blog has gained some notoriety over the months. I have a feeling the king might have come across my name.

I am going to offer him a draft constitution. Because that is my short, simple prescription to the civil war in the country. Next I am going to publish the latest draft of the Proposed Constitution.

In the mean time, take a look at this.

Subject: RE: Mandale haru ko INVITATION
Date: Thu, 01 Sep 2005 17:42:50 +0545

Dear All,
PEOPLES` POWER WILL BE VICTORIOUS.

________

>From: _______
>To: ________
>CC: _______
>Subject: Mandale haru ko INVITATION
>Date: Wed, 31 Aug 2005 10:41:08 -0500

> >King Gyanendra's Character resembles Augusto Pinochet
>--Somnath Ghimire

> > ----- Original Message -----
> From: ________
> To: _______
> Cc: _______
> Sent: Wednesday, August 31, 2005 8:06 AM
> Subject: RE: FW: Mandale haru ko INVITATION

> > > They can not show their face, they have to be undisclosed. What can we >expect from these kind of people ? Can they be proud of any good thing that >KG has done to Nepal & Nepalese? Of course, none.

> > Govinda

> > >----------------------------------------------------------------------------
> From: _________
> To: ________
> CC: __________
> Subject: FW: Mandale haru ko INVITATION
> Date: Wed, 31 Aug 2005 02:24:58 +0000

> > > Dear Friends

> > Find the attachment of Public(?) felicitation program. Royalists and >local Mandales are organizing this events as we?have received this >their?invitation from undisclosed source.

> > __________

> > > > >--------------------------------------------------------------------------

> > From:??Nepalipost >>
> To:_________
> Subject:??Mandale haru ko INVITATION
> Date:??Tue, 30 Aug 2005 17:53:29 -0400

> > > > > Subject: Invitation!!!
> >Date: Mon, 29 Aug 2005 20:11:31 -0700 (PDT)

> > > >Dear friends,

> > > >US-Nepalese Felicitation Committee invites all Nepalese and friends >of > >Nepal to honor Their Majesties King Gyanendra and Queen Komal at a >public > >felicitation program to be held on September 17, 2005 (Saturday), 11: >30 > >am, at Pennsylvania Hotel, 401, 33rd Street, 7th Ave., Floor-18, in >front > >of Penn Station and Madison Square Garden. > >The Committee wishes you to invite your friends as well.

> > > >Thank you. > > >

Subject: Mandale haru ko INVITATION
Date: Wed, 31 Aug 2005 10:41:08 -0500

King Gyanendra's Character resembles Augusto Pinochet
--Somnath Ghimire

Since the Royal Nepal Army and Police are under the direct and undisputed control of Black King "G", and since there is no evidence whatsoever that action has been taken to correct the abuses or hold the perpetrators responsible, this places the king in league with such lovely characters as Hitler, Saddam Hussain, Augusto Pinochet, Ferdinand Marcos, Mohammad Reza Pahlevi and others.

It should be noted that, like King Gyanendra, all but Hitler were also supported and armed by the US. The US�s agreement to shield Nepali officials from the International Criminal Court has given a green light to atrocities, and the transfer of more of M16A2 rifles even as the savage treatment of pro-democracy protestors was ongoing raises questions of the violation of the spirit, if not the letter, of US law by the Bush administration. The US�s refusal to condemn atrocities in Nepal and unconvincing stance that human rights training for new soldiers will cure the abuses that are widespread, systematic and under the supervision of senior officers is obviously sending an ambiguous message designed to give it political cover. The media, under army death threat for �insulting the king,� cannot criticize him, while the pro-monarchist writers have free reign without fear of rebuttal of their ludicrous and illogical assertions.

Nepal is one of the poorest countries in the world, yet it spends 65 crore rupees (US$ 8.8 million; adjusted for purchasing power, over $50 million) on the royal family annually, a six fold increase since the dramatic decrease in the family�s numbers in the wake of the palace massacre. Thus, spending so lavishly on this very rich family deprives huge numbers of Nepalis, most of whom are illiterate and who suffer from appalling maternal, infant and child mortality, and whose life expectancy is as little as 37 years in some districts, of services they badly need and whose lack contributed in large part to the success of the Maoist revolution; the monarchists believe that it is more important to support the royal family in high style than to save the poor from death, disease and illiteracy, but most of the rural poor people would disagree. Nepal cannot afford both.

The phony, staged, highly secured �felicitations,� in which BKG greet and will be worshipped by the lowly people living in the country of oldest democracy, do not obscure the fact that the vast majority of Nepalis intensely dislike the king and, indeed, the very institution of Monarchy. The majority of Nepalis continue to support republican democracy; a recent poll indicates that 11% support the monarchy, 9% the Maoists, and 80% republican democracy. And also the Nepal's largest Democratic Party, Nepali Congress has decided to opt out Constitutional Monarchy from it's statute. The king could have made inroads into Nepal�s problems with corruption, poor heath care and lack of adequate educational facilities, but chose to accept continued deterioration in these sectors and to rely on repression and arrogant refusal to communicate honestly with the people. KG lied to the world and who believes him- only his followers and ass lickers.

Although they cleverly soft-pedal their alleged divinity when dealing with foreigners, the Shahs manipulate the uneducated, simple-minded people by claiming to be gods and thus making whatever crimes they may wish to commit acceptable and making dissent against them sinful. Although there is no way to disprove this notion of divinity, a logical person would find nothing in the intelligence, appearance, achievements or conduct of the royalty to indicate superiority or superhuman traits. Oddly, only the simplest villagers and the well-connected elite accept the notion of royal divinity. Without the king, the parties and the Maoists would far more easily come to terms and bring about an end to the civil war; both would likely accept free, fair, internationally supervised elections for a constituent assembly to rewrite the constitution, but the king stands in the way because he knows that he has little popular support.

I do not believe that any argument marshaled by pro-monarchists, whether Nepali, Indian or American, can in any way outweigh the objections I have raised here to the continuance of this feudal, exploitative and undemocratic institution. Most of our people are illiterate but we are not stupid. We know bad things happening in our country under the chairmanship of BKG=Black King Gyanendra. We must awake now not tomorrow, to tell the world about the character of BKG.

----- Original Message -----
From: _______
To: ________
Cc: _________
Sent: Wednesday, August 31, 2005 8:06 AM
Subject: RE: FW: Mandale haru ko INVITATION

They can not show their face, they have to be undisclosed. What can we expect from these kind of people ? Can they be proud of any good thing that KG has done to Nepal & Nepalese? Of course, none.

________

From: ________
To: ________
CC: ________
Subject: FW: Mandale haru ko INVITATION
Date: Wed, 31 Aug 2005 02:24:58 +0000

Dear Friends

Find the attachment of Public(?) felicitation program. Royalists and local Mandales are organizing this events as we?have received this their?invitation from undisclosed source.

___________

From:??Nepalipost
To:_________
Subject:??Mandale haru ko INVITATION
Date:??Tue, 30 Aug 2005 17:53:29 -0400

Subject: Invitation!!!
>Date: Mon, 29 Aug 2005 20:11:31 -0700 (PDT)

> >Dear friends,

> >US-Nepalese Felicitation Committee invites all Nepalese and friends of >Nepal to honor Their Majesties King Gyanendra and Queen Komal at a public >felicitation program to be held on September 17, 2005 (Saturday), 11: 30 >am, at Pennsylvania Hotel, 401, 33rd Street, 7th Ave., Floor-18, in front >of Penn Station and Madison Square Garden. >The Committee wishes you to invite your friends as well.

> >Thank you.

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