Report of the National Commission to review the working of the constitution
Recommendation Nos. |
Fundamental Rights, Directive Principles and Fundamental Duties
(1) to (29)
Electoral Processes and Political Parties
(30) to (69)
Parliament and State Legislatures
(70) to (97)
Executive and Public Administration
(98) to (121)
The Judiciary
(122) to (149)
Union-State Relations
(150) to (175)
Decentralisation and Devolution
(176) to (213)
Pace of Socio-Economic Change and Development
(214) to (249)
‘Explanation – In this article, the expression “other authorities”shall include any person in relation to such of its functions which are of apublic nature.’
“Art. 19(1): All citizens shall have the right -
“Provided that, in matters of contempt, it shall be open to the Court topermit a defence of justification by truth on satisfaction as to the bona fidesof the plea and it being in public interest.”.
“(2) No one shall be subjected to torture or to cruel, inhuman or degradingtreatment or punishment.”.
“(3) Every person who has been illegally deprived of his right to life orliberty shall have an enforceable right to compensation.”
“21-A. (1) Every person shall have the right to leave the territory ofIndia and every citizen shall have the right to return to India.
“21-B. (1) Every person has a right to respect for his private and familylife, his home and his correspondence.
(i) The first and second provisos and Explanation to article 22(4) ascontained in section 3 of the Constitution (44th Amendment) Act, 1978should be substituted by the following proviso and the said section 3 of the1978 Act as amended by the proposed legislation should be brought into forcewithin a period of not exceeding three months:-
“30-A: Access to Courts and Tribunals and speedy justice
“30-B. Equal justice and free legal aid: The State shall secure that theoperation of the legal system promotes justice, on a basis of equal opportunity,and shall, in particular, provide free legal aid, by suitable legislation orschemes or in any other way, to ensure that opportunities for securing justiceare not denied to any citizen by reason of economic or other disabilities.”.
“300-A. (1) Deprivation or acquisition of property shall be by authority oflaw and only for a public purpose.
“Provided that the protection afforded by this article to Acts andRegulations which may be hereafter specified in the Ninth Schedule or any of theprovisions thereof, shall not apply unless such Acts or Regulations relate –
“30-C. Every child shall have the right to free education until hecompletes the age of fourteen years; and in the case of girls and members of theScheduled Castes and the Schedule Tribes until they complete the age of eighteenyears.”.
“Article 24A. Every child shall have the right to care and assistance inbasic needs and protection from all forms of neglect, harm and exploitation.”.
“30-D. Right to safe drinking water, prevention of pollution, conservationof ecology and sustainable development. -
(1) Improvement of productivity in agriculture that will activate a chain ofactivities towards increased income and employment opportunities.
47A. “Control of population.- The State shall endeavour to secure controlof population by means of education and implementation of small family norms.”.
“(k) promoting through civil society initiatives, inter-faith andinter-religious harmony and social solidarity.”.
(i) The Planning Commission should ensure that there is specialmention/emphasis in all the plans and schemes formulated by it, on theeffectuation/realization of the Directive Principles of State Policy.
(i) The first and foremost step required by the Union and State Governmentsis to sensitise the people and to create a general awareness of the provisionsof fundamental duties amongst the citizens on the lines recommended by theJustice Verma Committee on the subject. Consideration should be given to theways and means by which Fundamental Duties could be popularized and madeeffective;
(i) To foster a spirit of family values and responsible parenthood in thematter of education, physical and moral well-being of children.
(a) provide that political party or alliance should, in its Memoranda ofAssociation, Rules and Regulations provide for its doors being open to allcitizens irrespective of any distinctions of caste, community or the like. Itshould swear allegiance to the provisions of the Constitution and to thesovereignty and integrity of the nation, regular elections at an interval ofthree years at its various levels of the party, reservation/ representation ofat least 30 per cent, of its organizational positions at various levels and thesame percentage of party tickets for parliamentary and State legislature seatsto women. Failure to do so should invite the penalty of the party losingrecognition.
(a) aim at bringing transparency into political funding;
(a) Adequate time for consideration of Bills in committees and on the floorof the Houses as also to subject the drafts to thorough and rigorous examinationby experts and laymen alike should be provided.
(1) The Chief Justice of India : Chairman
"Provided that when the President declares that he assents to the Bill, the assent shall be deemed to be a general assent for all purposes of the Constitution."
“(6) Notwithstanding anything contained in the foregoing clauses, the President shall revoke a proclamation issued under clause (1) or a proclamation varying such proclamation if the House of the People passes a resolution disapproving, or, as the case may be, disapproving the continuance in force of, such proclamation.
“(1) Subject to the provisions of clause (1A), the superintendence,direction and control of the preparation of electoral rolls for, and the conductof, all elections to the Panchayats shall be vested in a State ElectionCommission consisting of a State Election Commissioner to be appointed by theGovernor.
“(5) The State Election Commission shall submit its annual report to theElection Commission and to the Governor, every year and it may, at any time,submit special reports on any matter which in its opinion is of such urgency orimportance that it should not be deferred till the submission of its annualreport.”.
In article 243ZA, for clause (1), the following clauses shall be substituted,namely:-
243G. Subject to the provisions of this Constitution, the Legislature of aState shall, by law, vest the Panchayats with such powers and authority as arenecessary to enable them to function as institutions of self-government and suchlaw shall contain provisions for the devolution of powers and responsibilitiesupon Panchayats at the appropriate level, subject to such conditions as shall bespecified therein, with respect to-
(a) By Syiems and Myntris, from among themselves to the Khasi AutonomousCouncil.
(i) An intermediary elected 30-member tier should be developed at thedistrict level in areas not covered by the Sixth Schedule, i.e.,excluding the Chakma, Lai and Mara District Autonomous Councils. There wouldthus be two tiers below the State Legislature: the District and the Village.
(a) Steps should be taken for improvement of educational standards amongstthe minority communities. Special programmes should be drawn up after the widestconsultation with the leaders of minority communities including leaders of BCs,SCs and STs among Minorities from academic, professional, business, andsocio-political spheres and from low-occupational spheres. Such programmesshould be generously funded. Only educational and cultural advancement will helpthe cause of national integration as well as raise the capabilities of thecommunities. This is the high road to national cohesion.