BALAWARISTAN CONSTITUTION
NATIONAL ASSEMBLY :
The parliament of Balawaristan will be constituted of Senate & National Assembly on democratic principles. In National Assembly (Lower House) representation will be according to the population. Each Tehsil will elect at least 3 members to N.A. Each province will have reserved seats for Doctor, Engineer, Advocate, Religious Leader, Labour, landlord and woman, one each from above mentioned quota. NA seats (including reserved seats) of Balawaristan, shall be at least 85. Tenure of N.A. will be decided by the first elected house.
SENATE :
Five senators will be elected from each province at least : Two seats will be reserved for advocate and religious leader one each. Total seats will 21. Majority of senators from any province can veto any law/bill passed by National Assembly. Bill pass by N.A. has to endorse by senate compulsorily otherwise, it will be rejected. In the absence of N.A. Senate will act as Government, and the Head of Senate will be provisional Prime Minister.
PRESIDENT:
President will be elected directly by the votes of the people of Balawaristan. In case of more than two candidates, election shall be held on the proportional election bases.
POWER OF PRESIDENT :
He will be supreme Commander of Armed forces. He will be responsible for the appointment and suspension of chief of Army Staff, chief Justice, Chief Election Commissioner, Ombudsman and Ambassadors. And will hear complaints against the above mentioned officials. In absence of President, Vice President shall fully perform the duties of president.
REMOVAL OF PRESIDENT:
President can be removed with the majority of votes by which he has elected. If five or more than five persons are killed in a popular protest against president or failure in this duty, the Central election commission will announce the end of the mandate of president and announce new presidential election. President shall be elected for two only consecutive terms.
PRIME MINISTER :
He will be head of cabinet and administration. He will be responsible for the appointment and removal of ministers of central government. Federal Ministers will head the federal Ministries. These ministers shall be responsible for the promotion, demotion or transfer of the heads (employee) of their respective Ministries. In the absence of Prime Minister, Deputy Prime Minister shall fully perform his duties.
REMOVAL OF PRIME MINISTER :
He can be removed by majority of national assembly from his office, while his membership will be cancelled by the same number of votes of his constituency, from where he is elected. Or five or more than five persons are killed in the protest against him, he will be removed from office not from membership, in such cased new Prime Minister will be elected by the Speaker of National Assembly. If he is proved guilty by Supreme Court of Balawaristan or Federal Ombudsman, he will be terminated from office but he will retain his membership. No body shall retain the seat of Prime Minister for the second term without interval.
ELECTION COMMISSION :
Chief Election Commissioner (CEC) will appoint provincial election commissioner (PEC). In turn PEC will appoint District and District Election Commission will appoint Tehsil head of election. Election Commission will perform its function permanently. According to the constitution CEC will be responsible for the election and disqualification President, Prime Minister, Chief Ministers, Governors, members of National Assembly, Senate and provincial Assemblies. But if his decision contradicts with the articles of constitution of state, the decision of supreme court will be final. During election, Central Election Commission will function as central government, while Provincial Election Commission as Provincial government and so on. CEC will allot equal time to every party on state T.V. and Radio to present their Party Programmes. All political activities will be banned 10 days before the election date, so that electorate may think independently.
The propagators of communalism, racism, sectarianism or prejudice or hatred among the mass will be disqualified for the election. Any damage to Public or private property or life will be sole responsibility of the candidate. After the full compensation of the damage of property the candidate will be allowed, in case of human loss, candidate shall be disqualified for life, if he does not hand over the actual culprit, otherwise legal action will also be taken against candidate, besides disqualification for life.
DISSOLUTION OF NATIONAL ASSEMBLY :
National assembly will be dissolved : (1) If cases against 1/4 of the members of assembly or 1/2 of members of cabinet are framed in ombudsman office or court of law. (2) After 3 consecutive dismissal of 3 prime ministers, CEC will write to president to dissolve National Assembly. President will be bound to act upon the advice of CEC within a month. If Prime Minister resigns, National Assembly. will not be dissolved. After expiry of that period, if president does not act, CEC will be bound to hold election within 3 months. Dissolution of National Assembly will not affect provincial assemblies and Senate.
PROVINCIAL ASSEMBLY AND CHIEF MINISTER :
Each Tehsil will elect 3 members and each district will election 13 members for Provincial Assembly. Majority of the members will elect chief Minister. Provincial departments will be head by Provincial Minister. He will be responsible for promotion, demotion and transfer of the head (employee) of his ministry. Lower rank officials will be dealt by senior most officials
REMOVAL OF CHIEF MINISTER :
With the same majority by which Chief Minister elected can be removed from his office with the same majority, but he can be removed from membership by the opposite votes of his constituency only. Not only Chief Minister, but also ordinary member of assembly can be removed on the demand of majority of voters of his area. If 3 persons or more than 3 are killed in protest against provincial government, provincial election commissioner (PEC) will write the Governor to remove Chief Minister. Within 15 days, governor will remove chief minister. If there is appeal in High Court against Provincial Election Commission order, removal order will be in abeyance. Chief Minister will be suspended till the decision. He shall be replaced by a senior minister of his cabinet, who will fully perform the duties of Chief Minister. DISQUALIFICATION OF
PROVINCIAL ASSEMBLY :
If 1/4 members of Provincial Assembly or 1/2 of Cabinet members are facing the charges in ombudsman court. or in case 3 times suspension of Chief Minister, Provincial Election Commissioner (PEC) will write governor to suspend Provincial Assembly.If governor does not act within 15 days, PEC can remove Chief Minister/Provincial Assembly. and he will be responsible to hold election within 60 days.
GOVERNOR :
President will elect any elected representative of the provincial assembly as governor. Governor has the power to appoint Provincial Election Commissioner (PEC), Provincial ombudsman and Chief Justice of Province (High Court) on seniority Basis. He will be head of the armed forces deployed in province. To restore law & order, on the request of Chief Minister he can call armed forces.
COMPLAINT CELL / OMBUDSMAN DEPARTMENT :
Complaint cells will be established on every level of administration from Tehsil to central level. It will be headed by legal experts and advocates. Vice ombudsman will be selected for all level. Any complaint against any official will be submitted in written form or will be put in the complaint box fixed in different open places. After investigation, correct complaint will be sent to the respective ombudsman (Tehsil, district, Provincial or Central ombudsman). And decision will be taken upon that complaint, within 10 days in Tehsil, 15 day District, 25 days in provincial and 30 days in Central Ombudsman.
That decision will be sent to concerned minister for implementation. If action is not taken within 15 days by the concern minister, the decision of ombudsman will be automatically enforced. In case of complaint against provincial/Central minister, ombudsman will write to Prime Minister or Chief Minister, who will act within 30 and 15 days respectively. After expiry of that period, the decision of ombudsman will be automatically implemented. Central/Provincial ombudsman can remove concerned minister and all facilities availed to him shall be withdrawn , if complaint found proper against him. The decision of Tehsil to Provincial ombudsman can be challenged in session/district/High Court and federal ombudsman can be challenged in supreme court. In ombudsman case Courts will get half time of normal period to decide the appeal.
MILITARY COMPLAINT CELL :
Complaint cell concerning Military Affairs will be established in cantonments. And complaint boxes will also be fixed near cantonments. Ombudsman Department, will be established in every cant but final appeal shall be entertain in Defense Ministry. Each complaint will be decided by one military officer and two civil legal experts. Decision will be taken in unit (Battalion) within 10 days and on superior level within 30 days. Decision will be implemented by Defense Ministry within a month. After expiry of the specified period the decision of Ombudsman shall be enforced automatically. Cases against chief of Army staff, shall be decided by Defense Council, which will be bound to decide within 30 days. During trial army chief will be suspended and devoid of all powers and facilities.
JUDICIARY :
Criminal and Civil Courts will be established from Tehsil to central level. An elected representative will be present on each hearing for one year from lowest court to supreme Court. Tehsil Court will decide case within 15 days, district court in 30 days, Provincial Court in 60 days and central court in 90 days. If judge does not decide within the prescribed time, he will be warned in written first time, second time he will be suspended and the last time he will be terminated from services. In any court accused and plaintiff will submit his/her statement by himself/herself and also cross examination will be carried out by the witness and plaintiff and accused. It is compulsory for every citizen to know law of Balawaristan. An advocate can advice the judge after submission of statement and cross examination, which will be carried out by both the parties and witness themselves. On voluntary confession or suspicion in any case, the culprit will get half of the punishment. Any decision of lower court can be challenged in superior court step by step. Liar will be punished for 10 years rigorous imprisonment. In civil cases occupation will be considered as crime till it is not proved lawful by purchase, gift or allotment or heir.
PUBLIC GUARD :
In spite of Police Public Guard will be introduced. Number of public guard will be at least 100 in each Tehsil, 500 in District and provincial Public Guard Headquarter will have 2000 employees. Public Guards will be the real servants of the society. They will be responsible for eradication of social evils and keeping law and order. Public Guard has no power to investigate any case. Promotion of Public guard officer will be indirectly proportional to the crimes done in his area. Without written FIR/Complaint nobody will be arrested. Just after arrest Public guard will be bound to get accused medically checked up, within 24 hours before handover to the Prosecution Department. One copy of medical checked up will be provided to Prosecution Department, 2nd to the accused or guardian of the accused, 3rd to the responsible elected representative of the area, 4th to the concern Judge and 5th will be kept by the Public Guard it self. Public guard and secret agencies will be responsible for solving the unsolved cases. No case will be closed for any reason. Public guard or any other investigating agency will not physically eliminate the accused
PROSECUTION DEPARTMENT :
The interrogation and investigation will be the carried out by this department. This department shall never carry the duty of arrest. Court will allow remand to Prosecution Department of any accused after being satisfied that accused has not been tortured. After medical check within 24 hours of taken over the accused from Public Guard, doctor will issue 4 copies of medical certificates; One to court, one copy for his record, one copy to public guard, h one to accused or his relatives and one to the responsible local elected representative. Investigation will be carried out by Prosecution Department . Doctor will examine the accused after every 48 hours. During investigation elected representative will be present.
No case will be closed on the basis of un - known culprit/accused for any reason. Prosecution Department, Public guard or any other investigating agency will not physically torture or eliminate the accused / culprit. Officials involved in such inhuman crime will be charged legally. Absconder can be shot at below the ankle joint for the purpose of arrest. But it is not applicable to spies and agents of enemy country. If witnesses do not depose, then such culprit (Law Enforcing Agency Personnel) will also be punished. Concern Judge will register the nature of Crime of any convicted culprit's Identity Card. Prosecution Department has no power to arrest any accused except to guard the accused for investigation and interrogation purpose.
FORCES :
Each district will have Number of 500 spays. It will be headed by Lt.colonel. Brigadier will head 2000 persons . The head of above 2000 persons will be general. President will be the Supreme Commander of the armed forces. Joint command will be in the hands of supreme defense council. Supreme Defense Council will decide about war and arm dealing. President will head supreme defense council. Prime Minister, Defense Minister and senior commander will be its members. During Peace time Armed forces will be utilized for construction and development purpose. Every personnel will be trained in maximum skill, besides modern arts.
DEFENCE MINISTRY :
In peace time it will command armed forces. Purchasing of war arsenals but in war whole the whole responsibility shall lie to supreme defense council. Manufacturing of Arms is the responsibility of defense Ministry. Transfer of army unit will be carried out by Brigadier. While brigade movement will be carried out by the orders of Defense Ministry. The transfer of division would be taken place by the order of the President in peace time and in war time it will be done by Supreme Defense Council.
TRAFIC GUARD :
Traffic Guard will challan any one in the presence of witness/witnesses, who is driving against the traffic rules. And fine will be credited on the spot and deposited in the Bank. Type of crime, address, Identity Card No. and amount of the fine and name of witness/witnesses shall be written on the receipt. It can be challenged in any court of the Law.
JIRGA SYSTEM :
Atleast 3 members of union council and concerned numbardar (village/area Chief) can convict accused for one year rigorous imprisonment or fine of Rs.1000 or equal to half tola (5 gram) Gold. The members of District Council/Municipal Committee can fine amount equal to 10 gram Gold or 3 years imprisonment. Punishment can be challenged in High Court.
AUDIT :
This system will be established in Tehsil, District, Provincial and Central Level. In the end of every month audit will be made . Audit cases will be sent to the concern court. Till settlement of the audit case, concerned employee will be suspended. Complaints against audit can be sent to complaint cell.
INTELLIGENCE INSTITUTIONS :
These institutions will deal with narcotics, Smuggling, crimes, corruption and anti-state activities Governmental/ Semi Governmental, Private and within forces. The officials of these agencies will send reports to elected representatives and ministries of Defense, Interior, law and Justice. No one will be victimized due to his political views and affiliations. They can enter in any government or Private department after their identification. Except Defense Ministry they don't need any prior permission. But before entering into any private house they should have judicial permission.
EDUCATION :
It will be provided equally to all and free of cast to poors. Higher education abroad will be provided by state with the condition of ability and faithfulness to the country. Each Tehsil will have Degree college for boys & girls, in which science, Arts, Commerce, metallurgy, Agriculture and forestry will be taught. The colleges will be furnished with laboratories. Post Graduate Colleges will be established on district level. There will be University in Central and Provincial level, with campuses in all districts. The actual task of University will be research and invention. Top position holders will be appointed lecturer in University and Colleges with the highest amount of salary with respect to the other government departments. Cheating in examination will be punishable for one year imprisonment both for student and examiner. According to Marks Sheet, jobs will be provided. No another test or interview would be taken place.. In University the departments of local languages of Balawaristan i.e., Balti, Sheena, Brooshaski, Khowaar and Wakhi will be opened.
MINERALS :
In each province of Balawaristan, there will be modern laboratory for testing, cutting and polishing minerals. Factories with modern equipments will be establish for the extraction of Precious and semi-precious minerals. Quality control will also be its responsibility. Government of Pakistan is earning Rs.3 billion from Balawaristan minerals per year excluded gold mines. For use of Industry Minerals, separate departments will be established.
CUSTOMS :
Custom posts will be established on the borders with Pakistan, China, India, Afghanistan and Central Asian States, from which Rs.6 billion expected, will be earned per enum.
DAM :
Dams will be constructed each one in Baltistan & Dardistan or Brooshaal province. It will make country self-sufficient in electricity. Jungles will be preserved and safe. with electricity mountains and fields will be made green as a result the country would become self sufficient in food. Environment will be pleasant and pollution free. Production of fishes will increase. It will also increase in forestry, food, wild life and agriculture. Presently NWFP is getting Rs. 6.5 billion as royalty of Indus River, while keeping deprived Balawaristan the real owner of River Indus.
TOURISM :
To promote tourism, roads, modern communication and residential arrangements will be made up to the beautiful places of the state. Presently occupier Pakistani regime is earning 157 Million Dollars of its Tourism in which 80 % tourists pay for Balawaristan. Shame proof Pakistan have been advertising to the world by showing the places of Balawaristan as parts of Pakistan. In Pakistani web site Paki.com there are 7 Tourist Spots of Balawaristan were shown by NWFP Province of Pakistan as its part out of 17. When Balawaristan will get freedom, the whole Tourism income will be used for the betterment of our motherland.
FORESTS :
Presently Pakistan is earning Rs.1.53 billion from our forests, when department of forest established with the production of electricity, Iron and cement would started. The cutting of trees in forest will be stopped. Huge royalty to the forest owners can be paid for preservation of their forest.
BAN ON HUNTING :
Hunting of birds and animals will be punishable and fine will also implied. The fine will be the double of the price of animals and birds. Apart from fine and punishments rifle used will also be confiscated.
TRANSPORT :
Each village and tourist spot will be provided with transport. Its head will be responsible for loss and profit, according to it, employees of transport will be paid.
FACTORIES :
First of all factories of Iron rods, pipes, and cements will be constructed in Balawaristan. For this, technical assistance will be availed from developed countries. After this raw material of the state will be utilized for the factories to construct the Dams, where the people desire.
CONSTRUCTION/ENGINEERING :
Under these departments building roads and bridges will be constructed. In addition to these separate departments of electricity, mechanical, electronics, and atomic energy will also be established. The loss of any material will be the responsibility of head of department. Contractor, Engineer and head of department will be responsible for the construction fault or damage or the loss of property or delay in the completion of the project. Beside refund the license of the contractor and degree of the engineer will be seized.
HEALTH :
Each Tehsil will have hospitals with 50 beds. District hospital will have 100 beds and provincial hospital will have 500 beds. Ambulances will be provided according to the needs and strength of patients. Needy and poor will get health facilities free of cost. For any lack of duty or negligence, doctors or head of hospitals will be punishable. And compensation will be charged and their work permit will be seized if any human loss occurred, due to negligence or inefficiency of the doctor or hospital staff.
COMMUNICATION :
In each nook and corner of Balawaristan, the facilities of modern communication will be provided.
NEWS PAPERS :
News papers can print news against anybody, company, department, Forces, Judiciary, administration and law makers, provided there should be proofs and truth. After printing that news, concerned department will take action within week. After get expired this period any aggrieved party or anyone can complain to complaint cell. In such case inefficient department/person/official will be charged accordingly. If news are false then the case against the News Paper will be registered and false news printer will be punished by ombudsman. If false news items published twice, the paper can be banned and the person responsible will be charged in falls case.
EMPLOYMENT :
After completion of education or skill any person can submit his/her document/details in the employment exchange. The verification of details provided by jobless will be done by the concerned councilor or Numbardar or Education Department or Board of Education or University. This record will be the asset of candidate. Besides this the detail of property of the candidate will also be submitted after verification by the concern authority. False statement require punishment for 5 years and the candidate will be illegible for employment or dismissed from service if serving. Yearly audit check and comparison of assets before and after joining the job would be carried out. Jobless youth will get unemployment allowance. Period of unemployment will be given the lapse in the age concession. Employees from Tehsil level to District, District to Province and province to Centre will be sent by promotion. But the first batch will be exempted from this rule.
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