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Towards a Perfect Democracy "Alternatives"


Chapter 10

The Legislative

In a Perfect Democracy, the legislative function of the Government is the most important function. All the other branches of the Government depends on the legislative.

Law grants rights as well as limits the rights of an individual. An individual has to live up within the ambit of the law without feeling that he is disadvantaged.

The law should be such that it serves to the larger needs of the people and take care of their present and the future. The law should be amended and changed when it outlives its purpose. For this the lawmakers should know the pulse of the people at the same time they should take care of the larger interest of the State and the Universe.

In any case there should not be multiplicity of laws and all related laws should be proposed together or new provisions should be proposed in the existing laws as additions or amendments. To the extend possible there should be a minimum number of dockets containing the laws so that they are taken seriously, can be easily studied, readily referred to, and are easily implementable.

There must not be separate laws for sperate areas or zones of the State. There shouldn’t be separate laws for different sections of people. The laws should be same for the complete State. People may give regional requirements or different cultural background as an excuse, but if this excuse is digested then every inch of land and every person should have a different law. Only the National legislators should have the power to make, amend or scrap laws, no Sub-State or regional or Zonal body should have any authority to exercise legislative powers, because if this is done it will defeat the purpose of a Perfect Democracy and only spread chaos and corruption.

Laws normally come out of the political philosophies and compulsions of States. If within a State different laws are made for small sub area of the State or for different section of people, differing on any account, it will inevitably result in injustice to one section of people of the State, more restriction on one section and violation of the basic principal of governance of a State. Laws disadvantaging even the smallest section of people or laws misinterpreted will always give rise to different political ideologies challenging the Government, which may be fatal for a democracy.

In a Perfect Democracy the law making power or the legislative power shall be with the elected members of the Parliament and that they shall be responsible for drafting new laws, amending and scraping the existing ones. A member of the Parliament i.e. a legislator in a Perfect Democracy is the person who is unbiased, not promoting tinted views and nearer to the common man, a legislator is supposed to interact with lakhs of people and supposed to understand their problems, difficulties and evils of the society.

Any member or a group of members of any of the Houses of the Parliament shall have a right to propose any bill in the House with the permission of the House and put forward his proposals to the Cabinet. The Cabinet aided by the Deputy Ministers shall have atleast one sitting every month for the purpose of discussing all the new proposed bills and amendments. The Cabinet upon discussion if feels that there is a need for more discussion on the issue will order for a rough draft to be made with the aid of the members concerned and be placed in the House in a stipulated time-frame.

The bill after the initial draft shall be available to all the members of the House from where the bill originated, who shall be submitting their views on the bill and any proposed amendment or contradiction along with their opinion in yes/No about discussion of the bill in the House to the drafting Committee within a stipulate time not exceeding 30 days from the supply of the rough copy. The written comments shall be forwarded to a drafting Committee, which shall be a Executive Body, shall study all the replies and in the event a simple majority of the members want to discuss the bill in the Parliament. The recommendation for the same would be sent to the Chairman of the House who shall fix a date for the discussion, in the event not even 50% of the members are interested to discuss the bill the same would be dropped and sent back to the member who proposed the bill along with the comments of all the members.

When a bill comes up for discussion, all the members shall be provided with a rough draft and the summary of comments of all the members of the House. The House from where the bill originated shall discuss the bill and can pass the bill without any change or propose certain changes to be made.

The bill if fails to muster the support of 60% of the members present and voting shall be dropped but if it gets the support of 60% of the voting members, it shall be introduced in the other House of the Parliament, where it will straight away go in for discussion. The Chairman of the House shall fix a date for the discussion but a copy of the bill as passed by the other House is to be supplied to the members at least a fortnight in advance.

If the introduced bill fails to get the required voting strength of 60% in its favour in the other House it is rejected and dropped. If the bill gets the support of 60% of the voting members in the other House also, it is sent to the President to sign it and communicate the same to the Executive and the Judiciary. It shall be deemed to be the law from that date of signing of the bill, (taken as the date of formal communication) or the proposed date of application, if any set down in the legal instrument.

 


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