Part 8: National Governments

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Article: 8.1 National governance
The nation shall have a national parliament consisting of two houses, an elected national assembly and a national council of stakeholders. It will have an elected chief executive called the President of India and a head of state judiciary called the Chief Justice of India. The state bureaucracy will be accountable to the people of India.
 
Article 8.2 Control over resources and functions
The national government will control resources to handle national level infrastructure such as external relations, defence, national reserve police, national highways, national water systems, national power generation and distribution, national level minerals, selected higher education, selected referral hospitals and interstate heritage sites. It will be accountable to the people of the nation through effective transparency laws covering the sovereign rights of the people to information, consultation, participation and referendum.
 
Based on the principles laid down in Part 7 of the Constitution dealing with Resource Management, a part of the revenue from identified environmental resources and some sources of taxation and/or share in tax revenue shall be assigned to national governments. This will be to enable it to provide (1) national level infrastructure, (2) support to states with inadequate resources, and (3) coordination, but not interfere in state and local jurisdictions.
 
Article 8.3 National parliament
The national parliament (rashtra sansad) shall consist of a national assembly (rashtra sabha) and a state council (rashtra parishad) of stakeholders. The national assembly shall consist of members elected from constituencies as delineated from time to time. It shall have a fixed term of four years. It will have legislative powers on all matters assigned to the national parliament under Schedule A. It will approve the budget, and, through its committees, perform various watchdog functions.

Article 8.4 National council of stakeholders
The national council (rashtra parishad) of stakeholders shall be a permanent body moderating decision-making for sustainability. It will have representatives of various interest groups in the nation such as disadvantaged communities, farmers, labour unions, small, medium and large industry, women, NGOs and professionals, nominated by their representative organisations through an appropriate electoral process. One-third of its members will retire every year, and new members from the same category renominated.
 
The National Sovereign Rights Commissions shall, through a consultative process, determine the principal interest groups in the nation, the number of seats that shall be assigned to each and how the persons shall be nominated by the interest groups. It shall also determine which one-third shall retire every year. It shall give effect to the arrangement thus determined, and get it ratified by the people through referendum held along with the next election.
 
The national council of stakeholders will constitute committees for resolving interstate social, environmental, economic and political conflicts and will not interfere in local discords. The national council will have the power to commission consultants to review social, environmental and economic projects and return any bill or project proposal to the elected house for reconsideration or with suggestions for modification. If after reconsideration, the elected house approves the bill or project with or without modification, it will become effective. If the state council is not happy about the decision, it can seek referendum on it along with the next election.
 
Article 8.5 National elected chief executive and his deputy
The national chief executive called the President of India (Rashtrapati) and the Vice President of India (Up-Rashtrapathi) shall be elected as a team through direct election.
 
Article 8.6 Political appointments
The President of India may make political appointments of ministers not exceeding 25, who shall not be legislators, for assisting him in his work. All such appointments shall require approval by a joint committee of the national assembly and council and if rejected, the President shall have to propose another person. Such appointments will terminate on expiry of the term of the President unless he gets reelected.
 
Article 8.7 The Supreme Court of India
There shall be a Supreme Court of India as the highest court of the land. The National Appointments Authority for Independent Functionaries shall select the judges of the Supreme Court and a joint committee of the national assembly and council shall interview the persons selected and approve their appointment. The Supreme Court shall draw budget from the national government. Its judges will be impeachable by the national parliament. For more details see Part 6 Judicial System.
 
Article 8.8 Departmental Heads
The appointment of all departmental heads including secretaries to government, chiefs of armed forces, national highways, national water systems, national level power installations, and heritage sites shall require approval by a joint committee of the national assembly and council as articulated in Part 10 on "Appointed servants of the people". The departmental heads will control the appointment, transfer and discipline of their subordinates, thus protecting them from political pressures and abuse. Such professional autonomy, along with effective transparency mechanisms, will ensure that the national bureaucracy is directly accountable to the people of the nation.
 
Article 8.9 Watchdog Functions
The two houses will perform watchdog functions over the executive through their various committees. The committees will have the power to call for any information from the political ministers and professional departmental heads and also direct them to appear for personal hearings. The report and recommendations of the committees shall be made public.
 
Article 8.10 National planning
The national government will coordinate the state plans with the national level infrastructure to prepare a national plan. Such scientific regional planning will be an ongoing reiterative participatory process.

 

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