India’s Constitution needs replacement. It has been amended around 100 (98 till 2012) times but unsuitable for India’s needs. I propose Model Constitution for India that is suited for India.
Presidential system of democracy is better for India. Parliamentary system has many times led to unstable governments, governments not completing terms, and sometimes no party is able to form government. Sometimes there are mass defections. In 1980 in Haryana, Bhajan Lal led 38 MLAs fron Janata to Congress (I). In Goa 18 MLAs who had won as Congress (U) members defected to Congress (I). In March 1977 Janata Government headed by Morarji Desai came to power at Centre. It did not complete its term and fell in July 1979. Charan Singh’s Government followed and fill in 24 days. In December 1989 National Front Government headed by Vishwanath Pratap Singh came to power. It did not have majority and depended on outside support by BJP and Left Front. It fell in November 1990. Chandra Shekhar succeeded as Prime Minister with outside support of Congress. He resigned after four months. In 1996 Atal Behari Vajpayee was sworn in as Prime Minister. He had 15 days to prove his majority. He resigned. United Front Governments headed by Deve Gowda and Inder Kumar Gujral fell in 1997. They were dependent on Congress support. In 1999 Atal Behari Vajpayee’s Government fell by one vote. Once in Bihar, Legislative Assembly was dissolved without any party forming the government. In Delhi AAP government headed by Arvind Kejriwal lasted 49 days. Manmohan Singh spoke of coalition compulsions. There have been unprincipled alliances and coalitions and independent MLA Madhu Koda heading a government in Jharkhand was the worst example of parliamentary system.
I have numbered Articles as per American system.
I have called India a Federation instead of a Union.
My Constitution does not have Directive Principles of State Policy, Temporary and Special Provisions, the Scheduled and Tribal Areas, Services under the Federation and the States, Tribunals, Special Provisions relating to certain classes, Temporary, Transitional and Special Provisions, Attorney General, Advocate General, Council of States, Legislative Council, Power of President and Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases, and First, Second, Fourth, Fifth, Sixth and Ninth Schedules. Other Schedules are Articles or parts of Articles.
Legislatures are unicameral. Instead of House of the People there is Great Council. Legislatures, Municipalities and Panchayats have fixed terms of five years. President and Governors are elected when the vacancy arises.
I have proposed appointment of Supreme Court judges by President after approval by Great Council and appointment of High Court judges by Governor after approval by Legislative Assembly.
My Constitution does not have Income Tax, Profession Tax, Service Tax, Estate Duty and some other taxes.
States have more powers in my Constitution. Governors are elected by Members of Legislative Assembly. There is Principal Accountant General to audit accounts of State.
Bharat Ratna and Padma awards have been controversial. They are also wrongly used as titles. In my Constitution Bharat Ratna, Padma Vibhushan, Padma Bhushan, Padma Shri, Arjuna, Dronacharya, Rajiv Gandhi Khel Ratna are abolished.
Juveniles have committed many crimes including abduction, murder, rape and victims of such crimes have not got justice. My Constitution punishes juveniles and gives justice to victims.
I have added some articles, sections and clauses, clubbed together some articles, deleted some articles, and modified some articles.
I have added an article on Reserve Bank of India so that it has autonomy, works in national interest and makes rupee strong.
I have an article on oath by lawyers so that they don’t engage in misdeeds and if they engage in misdeeds are punished.
I hope my fellow Indians will find my Constitution acceptable and make it the Constitution of India.
Vincent Augustine D’Souza
26 August 2014