Part 18: Miscellaneous

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Article 18.1 Oath of office
At present, elected office bearers are required to take an oath of allegiance to the Constitution and an oath of secrecy. After the promulgation of this Constitution, all elected office bearers as well as departmental heads appointed with the approval of the various parliaments, shall be required to take a composite oath of allegiance to the Constitution and transparency as below:
 
"I, (name of person) hereby solemnly affirm on oath (or swear in the name of god) that I shall uphold the sovereignty and integrity of India, and bow to the sovereignty of the people of India. I shall faithfully abide by the Constitution and discharge the duties entrusted to me without fear, favour or ill will.
 
I further solemnly affirm (or swear in the name of god) that except for information restricted by the society in public interest, I shall ensure that citizens have access to all public information under my control and the control of my officials."

 
Article 18.2 Declaring assets and business interests
All persons elected or appointed as chief executives, ministers, legislators, councillors, judges and departmental heads at the local, state and national levels shall file statements of assets and business interests of self, spouse, parents and children certified by a chartered accountant, in the parliament for which he is elected or which approves his appointment. All such statements shall be posted and updated on the website of the concerned parliament for the information of the citizens.
 
Article 18.3 National flag and anthem
The national flag belongs to the people. They can display it in any place or manner at any time of day or night, except on their vehicles. It may be flown on public buildings during the day, at half-mast during state mourning, and on special days at night when a public building is illuminated.
 
The national flag may normally be flown only on the vehicle of the elected chief executive and deputy chief executive. During special occasions, it may be flown on other vehicles as required by protocol.
 
The armed or police forces can play the national anthem only on special occasions as may be laid down by the government from time to time. The citizens can play or sing it any time they choose.
 
Article 18.4 Repentance Day
The Independence Day, August 15, is a sad day of India since on this day India was partitioned. The Republic Day, January 26, is also a sad day of India since on this day the present anti-people Constitution was adopted. Both August 15 and January 26 shall hereafter be condoled as repentance days. The declaration of emergency and other abuse are aberrations of anti-people colonial provisions in the Constitution.
 
Article 18.5 Swaraj Day
The people of India shall hereafter celebrate the day on which this Constitution is adopted and on which every man, women and child of India acquires swaraj or self-rule, as Swaraj Day. Swaraj day will be celebrated more at community level as a people programme and by local governments, and less as a celebration by the state and national governments. Appropriate monuments of Gram Swaraj will be installed in villages.
 
Article 18.6 Non Government Organisations
(1) During recent years, civil society organisations called Non Government Organisations (NGOs) in India have created a significant presence for themselves in a wide range of activities, and have become a significant institution of democracy. It is therefore necessary to recognise it and establish parameters of ethics and public accountability, largely through self-regulation.

(2) The councils of stakeholders shall dwell on the role of NGOs, classify their activities and formulate a code of ethics for them. Amongst other things, the code of ethics can provide that an NGO shall intimate its particulars and field of activity to the council and every local government in which it plans to operate. It will also submit to the concerned council and local government an annual report of its activities and their impact.

(3) The code of ethics can also provide that donors providing funding to NGOs or the concerned local government may impose a condition that the utilisation of the funds shall have to be certified by a chartered accountant nominated by and paid for by the donor or local government. This will protect the NGO from unjustified criticism and facilitate proper execution of projects.

(4) A committee of the concerned council of stakeholders shall deal with complaints of and against NGOs. The effort will normally be an amicable settlement of the complaint. In case serious misconduct is established, the council may blacklist the NGO and/or report the NGO to appropriate authorities for necessary action.

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Article 18.7 Government Holidays
In view of its rich cultural environment, India has a tradition of numerous religious and other holidays. This was all right so long as only Sunday was the weekly holiday. However, after Saturday was also made a weekly holiday, the total member of holidays have become far too many. It has serious adverse effect on the productively of the nation.
 
In a year there are 104 Saturdays and Sundays. There should at most be three more holidays. As from the year following the year this Constitution is adopted, the total number of holidays in a year shall be 107. For religious or other holidays in excess, equivalent number of holidays on Saturdays shall be reduced.

 

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