for Free Bharat (India), 2000
A brief Summary
The present Constitution, based on
exploitative colonial institutions, is anti-people. It was
authenticated by the Constituent Assembly in the name of the
people in violation of their trust. As a result, it, in law,
lacks legitimacy. It is now a legal necessity to review it
Given the choice, the people will vote for true democracy in
which power flows upward from the people, as advocated by Gandhi
based on 4,000-year democratic ethos of India. It is practised
in the best functioning democracies of the world such as the
We request the Prime Minister to direct the Commission for
Review of the Working of the Constitution to organise
nation-wide consultations, public hearings and local
referendums, based on them refine this draft constitution, and
get it approved by the people through referendum held along with
the next national election.
Part 1 Name and transitory provisions;
Part 2 nation-state and its obligations; Part 3 Citizenship and
its Obligations: Bharat also called India shall be a
nation-state consisting of state and local governments. The
national and state governments shall provide higher level
infrastructure to enable local governments and people to create
an egalitarian, non-exploitative, responsible and self-reliant
society, while conserving and enriching the cultural and natural
heritage. The society shall respect universal values of
(This replaces the "Directive Principles of State
Policy", that speak of laudable objectives, but do not
provide the political and social environment for realising
Part 4 Sovereign and Fundamental
Rights: The people have the sovereign right to
information, consultation through public hearings, participation
and referendum. To facilitate exercise of these rights by the
people, an institutional mechanism with authority to direct
referendums shall be instituted as provided in Part 11.
Religious rights: Hinduism is not a religion but a way of life
based on dharma that represents universal values of humanism.
Hinduism represents henotheism, that is, it believes in various
manifestations of the only super-consciousness. Most religions
are montheistic that leads to religious conflicts. Society
should be structured on universal values of humanim. Personal
law should be reviewed through referendum within each community.
Religious conversion of persons who are not high school
graduates should be regarded as exploitation of poverty and
those responsible liable to prosecution.
Part 5 Local Governments: The
village parliament consisting of all adult men and women shall
be the supreme authority. It shall control all village resources
such as land, water systems, forests and minerals, village
officials and decision-making. Sub-district governments at the
taluk/block level shall coordinate.
The district/city government shall constitute the highest level
of local governance. It will control adequate resources to
handle all local matters. It will be accountable to the people
of the district/city through effective transparency laws
covering the sovereign rights of the people to information,
consultation, participation and referendum.
Each district/city shall have a parliament consisting of a
district/city assembly and a district/city council of
stakeholders. It will have directly elected district/city
governor and deputy governor, for fixed term of four years. The
district/city parliament will, through its committees, perform
various watchdog functions. The council consisting of
representatives or various stakeholders shall moderate
decision-making for sustainability. The chief district/city
judge and the district/city bureaucracy shall also be locally
Parts 6 & 7
State and National Governments: They will have a
similar structure, that is, a parliament consisting of elected
assembly and council of stakeholders, and directly elected chief
executives. They will handle higher level infrastructure, and
will coordinate but not interfere in local matters.
Part 8 The Judicial System: The local chief judge
will be appointed by the local government with the approval of
and impeachable by the local parliament. He will thus be locally
accountable. The local governor shall provide budget and
coordinate. To meet the needs of justice, he will innovate such
as revive village courts, simplify procedures, set up temporary
courts and introduce jury trial, to curb delays and corruption.
The superior courts will function only as appellate courts.
Private jails, especially for under-trial prisoners, can be
introduced. Dress code suiting tropical climate will be
introduced and colonial summer vacation abolished. Contingency
litigation, that is, lawyers bearing expenses and taking share
from amount awarded can be introduced in selected cases, such
as, dowry harassment.
Part 9 Political and Election Systems:
All donations to political parties shall be exempt from income
tax. The loss in tax revenue will be treated as state support to
the political system. Inner party democracy, that is, inner
party primary elections for nomination of candidates for
elections shall be mandatory.
Half the legislators at all levels shall be elected in the main
election along with the chief executive and half after two years
in a mid term election. Legislators and chief executives can
hold office for maximum two terms. There will be provision for
negative vote and recall. All reservations shall be abolished.
Instead, affirmative action in education and public contracts
shall be provided for disadvantaged communities.
Councils of stakeholders shall have representatives of various
interest groups such as disadvantaged communities, labour,
industry, academics, professionals and NGOs elected or nominated
by their representative bodies. The councils will moderate
decision-making for sustainability.
The chief and deputy chief executives shall be elected as a team
through direct election. They shall be citizens of India by
birth. A chief executive can hold office for no more than two
terms or eight years in any local, state or national government.
He can be impeached for misconduct.
Part 10 Environmental & Financial
Resources: Local governments shall largely manage
environmental resources. Part revenue will be assigned to state
and national governments. Taxes will be handled at the
appropriate level and shared as provided. Local governments can
handle personal income tax.
Part 11 Other Constitutional Authorities:
There shall be Sovereign Rights Commissions at the state and
national levels, with authority to direct referendums, except on
issues fundamental to democracy or the integrity of the nation.
Functioning as the conscience keeper of the state based on the
values of the society as a whole, they will correct faulty
institutions and oversee that that the sovereign rights of the
people to information, consultation, participation and
referendum are properly instituted and accessible to the people.
The other authorities provided are media commission, public
attorneys, election commissions, public auditors, national bank,
public service commissions, vigilance and investigation
agencies, and appointments’ authority for independent
Part 12 Industry, Trade and Commerce:
Business and industry should function in trusteeship of
society, deploying surpluses generated for productive purposes,
and not in wasteful consumption. Local accountability shall
oversee this. Part of the profit should be set apart in trusts
with social objectives.
13 Appointed Servants of the People: Every government
shall have its own slim bureaucracy. Departmental heads shall be
appointed and terminable with the approval of the elected body.
They will, as a result, exercise professional autonomy and
protect their subordinates from political abuse.
Part 14: National and Link Languages:
All recognised 18 languages shall be national languages.
Hindi will be the principal national language. Each state will
have one as its official language that shall be used in high
courts also. English shall be the national and international
Part 15 Human Development: To
meet the needs of basic education, healthcare and family
welfare, grassroots governments shall have full control to
manage these programmes under the overall coordination of
district and city governments.
Three type of educational institutions should be encouraged,
namely (1) state institutions that provide education at
subsidised fees, promoting equity, (2) private trusts that
provide education at operating costs, often promoting
excellence, and (3) commercial institutions that give dividends
to investors and provide education at price acceptable by the
market, promoting relevance. Private universities shall also be
Vacation shall be in the winter months to enable youth to imbibe
nature and culture and hostel to earn as tourist facilities.
Professional councils shall be at state level to facilitate
Part 16 Regional Planning:
Ministries of Environment and Planning at local, state and
national level shall coordinate scientific regional planning,
replacing wasteful centralised planning.
Part 17 National Emergencies: can be declared only
for external threat and environmental disaster.
Part 18 Miscellaneous: Oath
should be of transparency, not secrecy. August 15 when India was
partitioned and January 26 when an anti-people Constitution was
adopted shall be declared Repentance Days. The day on which this
Constitution is adopted shall be celebrated as Swaraj Day.
Part 19 Special Status to Kashmir, Tibet
and Nagaland: They may be offered autonomy under joint
suzerainty of neighbouring nations.
Part 20 Constitution, Laws and Sustainability: All
colonial laws and laws made after independence shall be reviewed
and democratised. Einstein is the man of the second
millennium. Gandhi is the apostle of the third millennium for
realising a sustainable world order.
trusees: Ashok Khosla, SK Sharma
Tel: (11) 696-7938; Fax: 686-6031 Emai:people.sdalt.ernet.in
B32 Qutub Institutional Area, New Delhi 110 016