Friday, February 12, 2016

 Constitutional Amendments

Attractiveness of A Government Depends on ensuring of Independent and Unbiased Judicial System rather than on an Executive Power. (Revised) 



Good Governance shall be trustful and be attractive to civilians leading to Stability– Executive Power accumulated within  individuals of any office provoke the individual to overrule the laid principles, inducts  mistrust locally as well as Internationally that leads to disastrous consequences

A permanent, broad based, powerful Independent Judicature Commission (IJC) shall be constituted consuming the Attorney General’s Office (DAG), Department of Excise (DoE), Judicial Service Commission (JSC), Bribery Commission(BC) and the Police Commission(PC); thus the commission shall comprise altogether 10 members with the appointment of  04 Supreme Court Judges or equivalent judiciary (SCC), along with Attorney General, respective heads of the units consumed, and the Inspector General of Police  as members, with equal executive powers towards the public responsibility of their respective units. Hence the entire Police Department particularly all the probing units, (Anti-Doping & Prevention of Drug Trafficking, Anti Financial Fraud and Corruption, FCID, TID etc.) shall come under the purview of this commission.
All 4 SCC members of the IJC shall be appointed by the Constitutional Council of the Parliament, comprising of all ethnicity of Parliamentarians, drawn from MPs of all political party represented in the Parliament. There should be a provision to disqualify as a political party that fails to nominate a MP to the Constitutional Council within stipulated time not more than 10 days. The five member Supreme Council of the IJC, will in turn recommend names to be appointed as Attorney General, Chairman, Director General and members for the other component independent units of IJC to the Constitutional Council of the Parliament. 

Attorney General though being Secretary of the IJC, will retain his powers, as the head of the Department of Attorney General, though consumed by IJC, would be the only person empowered to communicate outside the commission. He also would be empowered to appoint a secretary to receive public complaints on behalf of IJC and forward them to the high profile SCC members of the commission who are free of heading the individual units of the IJC, such as DoE, JSC, BC, and PC. All heads of the respective units will be inter connected within themselves as well as to the Supreme Council component (SCC) through an IT networking communication.

Main objectives of this set up is to completely free the entire judiciary system, from any form of political manipulation during appointment stages and in the day to day affairs in implementation of law equally to all irrespective of their status, politically or of administratively.

During an Election involving Election Commission

One of the important function of the IJC to spontaneously syndicates with Election Commissioner, as soon as an election proclamation is made by the Election Commissioner; IJC and EC will make a proclamation to this effect as well as to effect the transitory takeover of Telecommunication Regulatory Commission and all the Print and Electronic Media owned and partnered by the Government to ensure a Free and Fair information dissemination towards the voter. IJC shall monitor the private media as well to the same effect and any institution breaching the code of conduct for free and fair election during an election shall also  inducted into the transitory takeover, until the proclamation of end of election. This ensures all existing election laws are prudently implemented with absolute authority and impartiality at all the elections. There will be fixed dates for each election unless otherwise Speaker of the Parliament or Head of State (can only) proclaim (impending) cessation of a term. During an election, Instantaneous Indictment and Jurisdiction leading even to disqualification of candidates for electioneering misuse of State Office, converting State Property and Public Trust Funds into bribe or any other move with intentions of buying the votes, and those who involve in intimidation violence and pollution; hence equipped with enough manpower for the entire country including the small islands as well as with ultramodern technology as well.
All component units of IJC will keep their original integrity intact, and this setup ensures the respective heads appointed by the Constitutional Council of the Parliament and independently achieve their respective objective without being part of any Political anarchy, political manipulations and individual political pressurization apart from inducting the all officials to execute their duties intelligently free of fear.
The Provincial Police as well will come under the purview of IJC.
A supreme factor we have to remember is that the whole Judiciary System is for the people irrespective of ethnicity. The security forces’ main objective should be ensuring each and every citizen of this land living peacefully and dignity with self -respect. Grabbing the lands owned by the poor citizen, nothing other than the land on the pretext of maintenance of the security forces is a crime against humanity and mankind. Such acts will not sow the seeds of reconciliation in those minds of population but permanent hate to the majority community.
In addition ensuring, appropriate fundamental procedures are practiced in local and foreign collaborated deals and projects, ensuring media freedom and transparency in all issues as well will come under the purview of IJC. Tracking down of accumulation of wealth in excess of income and Tax evaders to enforce the law are part of its responsibility.
All the Sports Bodies of governing each sports would submit a monthly report on all of their financial transactions to IJC, and IJC will also ensure these Sports Bodies are democratically elected as per International Standards free of ministerial or political interference through the Dept. of Sports Administration.
Proposed IJC and its functioning also shall prevent State Leaders blatantly believing that being elected to a public office is a license to plunder the public property of the nation and for the other criminal activities and go unscathed under the disguise of political revenge claim alternatively or under the disguise of “Patriotic” who, eradicated  terrorism. At least to exonerate the patriotic from all allegations, there should be an absolutely independent powerful integrated state mechanism. 
The descriptions "Disappearances", "missing persons"  cannot be a part of permanent vocabulary of a respectful state's administrative system, and be accounted of as well. 
The IJC shall also be part of National Security Council through its supreme component SCC and its Secretary the Attorney General.  Economic vandalism through fraud, corruption and bribery by elected members as well as by the state officials is a serious threat to the National security and economic stability.


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