Awadh, Constitution of

From IBWiki

Jump to: navigation, search
Constitution of the Kingdom of Awadh

Contents

Preamble

  • On the issue of the basic law of the Nation, We, Anjum Quder, Shah of Awadh, in confirmation of the principles which have guided Nation policy in various fields in the past, and in asserting our determination to continue efforts to create a better future characterized by further achievements which will bring benefits to the Kingdom and its Citizens.
  • And in our determination to strengthen Awadh's international position and its role in establishing the foundations of peace, security, justice and cooperation between different Nations and Peoples.
  • And in accordance with the exigencies of the public interest, have decreed the following:
    • The issue of the basic law of the Nation in accordance with the attached form of words.
    • This Decree shall be published in the Official Gazette and shall come into force with effect from its date of issue.

Part One - The Nation and the System of Government

Article 1 - Sovereignty

  • The Kingdom of Awadh is an independent, fully sovereign state with Faizsabad as its capital.

Article 2 - Religion

  • The religion of the Nation is Islam, although there is freedom of religion.

Article 3 - Language

  • Awadhi is the official language of the Nation.

Article 4 - Symbols

  • The law shall determine the Kingdom's Flag, its Emblem, its decorations and medals and its National Anthem.

Article 5 - Form of Government

  • The system of government is an hereditary Kingdom in which succession passes to a male descendant of Ghazi-ud-Din Haidar Shah. It is a condition that the male who is chosen to rule should be an adult Muslim of sound mind and a legitimate son of Awadhi Muslim parents.

Article 6 - Succession

  • (1) Within three days of the position of Shah becoming vacant, the Ruling Family House shall determine who will succeed to the Throne.
  • (2) If the Ruling Family House does not agree upon a successor, the House of the People shall confirm the appointment of the person designated by the Shah in his letter to the Family House.

Article 7 - Oath of the Shah

  • Before exercising his powers the Shah shall swear the following oath at ajoint session of the Awadh:"I swear by Almighty God to respect the Constitution of the Nation and the Laws hereinafter promulgated, to fully protect the interests and freedoms of the Citizens, and to preserve the independence of the Kingdom and its territorial integrity."

Article 8 - Continuous Government

  • The Government shall continue to conduct its business as usual until the Shah is chosen and begins to exercise his powers.

Article 9 - Substantive Nation Principles

  • Rule in the Kingdom shall be based on justice and equality. Citizens shall have the right to take part in public affairs in accordance with this Constitution and the conditions and circumstances defined in the Law.


Part Two - Principles Guiding Nation Policy

Article 10 - Political Principles

  • The political principles are:
    • Preserving the Kingdom's independence and sovereignty, protecting its security and stability, and defending it against all forms of aggression.
    • Reinforcing co-operation and reaffirming ties of friendship with all Nations and Peoples on a basis of mutual respect, common interest, non-interference in internal affairs, compliance with international and regional charters and treaties, and the generally recognized principles of international law, in a manner conducive to the promotion of peace and security between Nations and Peoples.
    • Establishing a sound administrative system that guarantees justice, tranquillity and equality for citizens, ensures respect for public order and safeguards the higher interests of the Kingdom.

Article 11 - Economic Principles

  • (1) The economic principles are:
    • The basis of the national economy is justice and the principles of a free economy. Its chief pillar is constructive, fruitful co-operation between public and private activity. Its aim is to achieve economic and social development that will lead to increased production and a higher standard of living for citizens, in accordance with the Nation's general plan and within the limits of the Law.
    • Freedom of economic activity is guaranteed within the limits of the Law and the public interest, in a manner that will ensure the well-being of the national economy.
    • The Nation encourages saving and oversees the regulation of credit.
    • All natural resources are the property of the State, which safeguards them and ensures that they are properly utilized while taking into account the requirements of State security and the interests of the national economy. No concession may be granted, nor may any of the Kingdom's public resources be exploited, except in accordance with the Law and for a limited period of time, and in such a manner as to preserve national interests.
    • Public property is inviolable. The State shall protect it and citizens and all other persons shall preserve it.
    • Private property is protected. No one shall be prevented from disposing of his property within the limits of the Law. Nor shall anyone's property be expropriated, except for the public benefit in those cases defined by the Law and in the manner stipulated by the Law, and on condition that the person whose property is expropriated receives just compensation for it.
    • Confiscation of property is prohibited and the penalty of specific confiscation shall only be imposed by judicial order in circumstances defined by the Law.
    • The basis of taxes and public dues shall be justice and the development of the national economy.
    • The institution, adjustment and cancellation of public taxes shall be by virtue of the Law. No one may be exempted from payment of all or part of such taxes except in circumstances defined in the Law.
  • (2) No tax, fee or other entitlement of any kind may be applied retrospectively.

Article 12 Social Principles

  • The social principles are:
    • Justice, equality and equality of opportunity between Awadhis are the pillars of society, guaranteed by the State.
    • Co-operation, compassion, strong ties between citizens, and the reinforcement of national unity are a duty. The State shall prevent anything that could lead to division, discord, or the disruption of national unity.
    • The family is the basis of society, and the Law regulates the means of protecting it, safeguarding its legal structure, reinforcing its ties and values, providing care for its members, and creating suitable conditions for the development of their aptitudes and capabilities.
    • The State guarantees assistance for the citizen and his family in cases of emergency, sickness, incapacity and old age in accordance with the social security system. It also encourages society to share the burdens of dealing with the effects of public disasters and calamities.
    • The State cares for public health and for the prevention and treatment of diseases and epidemics. It endeavours to provide health care for every citizen and to encourage the establishment of private hospitals, clinics and other medical institutions under Nation supervision and in accordance with the rules laid down by Law. It also works to conserve and protect the environment and prevent pollution.
    • The State enacts laws to protect the employee and the employer, and regulates relations between them. Every citizen has the right to engage in the work of his choice within the limits of the Law. It is not permitted to impose any compulsory work on anyone except in accordance with the Law and for the performance of public service, and for a fair wage.
    • Public employment is a national service entrusted to those who carry it out. The State employees, while performing their work, shall seek to serve the public interest and society. Citizens are considered equal in taking up public employment according to the provisions of the Law.

Article 13 Cultural Principles

  • The cultural principles are:
    • Education is a fundamental element for the progress of society which the State fosters and endeavours to make available to all.
    • Education aims to raise and develop general cultural standards, promote scientific thought, kindle the spirit of enquiry, meet the needs of the economic and social plans, and create a generation strong in body and moral fibre, proud of its nation, Kingdom and heritage, and committed to safeguarding their achievements.
    • The State provides public education, combats illiteracy and encourages the establishment of private schools and institutes under Nation supervision and in accordance with the provisions of the Law.
    • The Nation fosters and conserves the national heritage, and encourages and promotes the sciences, literature, and scientific research.

Article 14 - Security Principles

  • The security principles are:
    • The State's goal is peace, and safeguarding the Kingdom's security is a duty entrusted to every citizen.
    • The Defense House studies matters concerning the maintenance of the Kingdom's security and its defense.
    • It is the State alone that establishes the Armed Forces, public security organisations and any other forces. They are all the property of the State and their task is to protect the Nation, safeguard the safety of its territories and ensure security and tranquillity for its citizens. No institution or group may set up military or paramilitary organizations. The Law regulates military services, general or partial mobilization and the rights, duties and disciplinary rules of the Armed Forces, the public security organizations and any other forces the Nation decides to establish.


Part Three - Public Rights and Duties

Article 15 - Citizenship

  • Nationality is regulated by the Law. It may not be forfeited or withdrawn

except within the limits of the Law.

Article 16 - Deportation, Right of Entry

  • It is not permitted to deport or exile citizens or prevent them from returning to the Kingdom.

Article 17 - Citizen Equality, No Discrimination

  • All citizens are equal before the Law, and they are equal in public rights and duties. There shall be no discrimination between them on the grounds of gender, origin, color, language, religion, sect, domicile or social status.

Article 18 - Personal Freedom

  • Personal freedom is guaranteed in accordance with the Law. No person may be arrested, searched, detained or imprisoned, or have his residence or movement curtailed, except in accordance with the provisions of the Law.

Article 19 - Imprisonment

  • Detention or imprisonment is not permitted, except in the places designated for that purpose in the prison laws, which provide for health care and social welfare.

Article 20 - Personal Integrity

  • No person shall be subjected to physical or psychological torture, enticement or humiliating treatment, and the Law lays down the punishment for anyone who is guilty of such actions. No statement shall be valid if it is established that it has been obtained as a result of torture, enticement or humiliating treatment, or threats of such measures.

Article 21 - Criminal Punishments

  • There shall be no crime and no punishment except in accordance with the criteria of a Law, and there shall be no punishment except for actions cognizable in Law. Punishment is personal not transferable.

Article 22 - Presumption of Innocence, Due Process, Personal Integrity

  • An accused person is innocent until proven guilty in a legal trial which ensures him the essential guarantee to exercise his right of defense according to the Law. It is prohibited to harm the accused either bodily or mentally.

Article 23 - Right to Counsel

  • The accused has the right to appoint a person who has the ability to defend him during the trial. The Law defines the circumstances which require the presence of a lawyer on behalf of the accused and guarantees those without the financial capacity the means to resort to justice and the defence of their rights.

Article 24 - Arrest

  • Anyone who is arrested shall be notified of the causes of his arrest immediately and he shall have the right to contact whoever he sees fit, to inform them of what has taken place or seek their assistance, in the manner regulated by the Law. He must be informed promptly of the charges against him, and he and his representative shall have the right to appeal before the judicial authorities against the measure which has restricted his personal freedom. The Law regulates his right of appeal in a manner which ensures that a judgement will be issued on it within a specified period, failing which he must be released.

Article 25 - Right to Litigation

  • The right to litigation is sacrosanct and guaranteed to all people. The Law defines the procedures and circumstances required for exercising this right and the State guarantees, as far as possible, that the judicial authorities will reconcile the litigants and settle cases promptly.

Article 26 - Personal Integrity Against Experiments

  • It is not permitted to perform any medical or scientific experiment on any person without his freely given consent.

Article 27 - Home

  • Dwellings are inviolable and it is not permitted to enter them without the permission of the owner or legal occupant, except in the circumstances specified by the Law and in the manner stipulated therein.

Article 28 - Religion

  • The freedom to practice religious rites in accordance with recognized customs is guaranteed provided that it does not disrupt public order or conflict with accepted standards of behaviour.

Article 29 - Expression

  • Freedom of opinion and expression, whether spoken, written or in other forms, is guaranteed within the limits of the Law.

Article 30 - Communication

  • Freedom of postal, telegraphic, telephonic and other forms of communication is sacrosanct and their confidentiality is guaranteed. Hence, it is not permitted to monitor or inspect them, reveal their contents, or delay or confiscate them except in circumstances defined by the Law and in accordance with the procedures laid down therein.

Article 31 - Press

  • Freedom of the press, printing and publication is guaranteed in accordance with the conditions and circumstances defined by the Law. It is prohibited to print or publish material that leads to public discord, violates the security of the Nation or abuses a person's dignity and his rights.

Article 32 - Assembly

  • Citizens have the right of assembly within the limits of the Law.

Article 33 - Association

  • The freedom to form associations on a national basis for legitimate objectives and in a proper manner, in a way that does not conflict with the stipulations and aims of this Constitution, is guaranteed under the conditions and in the circumstances defined by the Law. It is forbidden to establish associations whose activities are inimical to social order, or are secret, or of a military nature. It is not permitted to force anyone to join any association.

Article 34 - Petition, Public Affairs

  • Citizens have the right to address the public authorities on personal matters or on matters related to public affairs, in the manner and on the conditions laid down by the Law.

Article 35 - Rights of Foreigners

  • Every foreigner who is legally resident in the Kingdom shall have the right to protection of his person and his property in accordance with the Law. Foreigners shall have regard for society's values and respect its traditions and customs.

Article 36 - Asylum

  • Extradition of political refugees is prohibited. Extradition of criminals is subject to the provisions of international laws and agreements.

Article 37 - Territorial Integrity, Military Duty

  • Defense of the Kingdom is a sacred duty and rendering service in the Armed Forces is an honor for citizens regulated by the Law.

Article 38 - National Unity, Duty of Citizens

  • Preserving national unity and safeguarding Nation secrets is a duty incumbent upon every citizen.

Article 39 - Taxes

  • Payment of taxes and public dues is a duty in accordance with the Law.

Article 40 - Observance of the Law

  • Respect for the Constitution of the Kingdom and the laws and ordinances promulgated by the public authorities, as well as observance of public order and public morals, is a duty incumbent upon all residents of the Kingdom.


Part Four - The Head of Nation

Article 41 - Head of Nation, Commander-In-Chief

  • The Shah is the Head of Nation and the Supreme Commander of the Armed Forces. His person is inviolable and must be respected. The Shah is the symbol of national unity as well as its guardian and defender.

Article 42 - Functions

  • The Shah discharges the following functions:
    • preserving the Kingdom's independence and territorial integrity and assuring its internal and external security, maintaining the rights and freedoms of its citizens, guaranteeing the rule of law,and guiding the general policy of the Nation.
    • taking prompt measures to counter any threat to the safety of the Kingdom or its territorial integrity, the security and interests of its people, or the smooth running of its institutions.
    • representing the Kingdom both internally and externally in all international relations.
    • presiding over the House of the People or appointing a person to serve in that position.
    • presiding over the Specialized Houses or appointing chairmen for them.
    • appointing and dismissing Deputy Prime Ministers, Ministers and those of their rank.
    • appointing and dismissing Under-Secretaries, General Secretaries and those of their rank.

- appointing and dismissing senior judges.

    • declaring a state of emergency, general mobilization, or war, and making peace in accordance with the provisions of the Law.
    • ratifying laws.
    • signing international treaties and agreements in accordance with the provisions of the Law (or authorizing a signatory to sign them) and issuing decrees ratifying them.
    • appointing and dismissing political representatives to other Nations and international organisations according to the limits and circumstances laid down by the Law. Accepting accreditation of representatives of Nations and international organisations.
    • waiving or commuting punishments.
    • conferring honors, decorations and military ranks.


Part Five - The House of the People

Article 43 - Composition

  • The Law shall specify the powers of each of this House, the length of its terms, the frequency of its sessions, and its rules of procedure. It shall also specify the number of members of each House, the conditions which they must fulfil, the method of their selection and appointment, the reasons for their dismissal, and other regulatory provisions.

Article 44 - Functions=

  • The House of the People is the body entrusted with promulgating laws concerninggeneral policies of the Kingdom. In particular it shall:
    • submit legislation to the Shah on economic, political and social, as well as executive and administrative matters of concern to the Government.
    • foster the welfare of citizens and ensure the provision of health and other essential services in order to improve the quality of their life socially and culturally as well as economically.
    • formulate aims and general policies for economic, social, and administrative development and propose methods of implementing these policies which will make the best use of financial, economic and human resources.
    • discuss developmental plans prepared by the relevant departments, submit them to the Shah for approval, and follow up their implementation.
    • discuss proposals by Ministries in their fields of executive jurisdiction and make appropriate recommendations and decisions in this regard.
    • oversee the smooth running of the Kingdom's administrative apparatus, follow up its performance of its duties , and co-ordinate the activities of its different departments.
    • monitor the implementation of all laws, decrees, ordinances and decisions, as well as treaties and agreements and court judgements, in a manner that will ensure that they are complied with.
    • discharge any other competencies vested in it by the Shah or conferred upon it by the provisions of the Law.

Article 45 - Chairmanship of Sessions

  • The Prime Minister shall preside over the House's sessions and has the right to entrust the chairmanship of sessions, which he does not attend, to one of the Deputy Prime Ministers. If the Prime Minister and his Deputies are absent, the Shah will authorize whomever he sees fit to chair the sessions.

Article 46 - Quorum, Secrecy, Majority

  • Meetings of the House shall be quorate with the attendance of a majority of its members. Its deliberations are secret and its decisions are issued with the approval of a majority of those present.

Article 47 - Standing Orders, General Secretariat

  • The House of the People shall draw up Standing Orders including its Rules of Procedure. The House shall have a General Secretariat which will be provided with a sufficient number of staff to assist it in carrying out its work.


Part Six - The Prime Minister, His Deputies and Ministers

Article 48 - Appointment

  • If the Shah appoints a Prime Minister, his competencies and powers shall be specified in the Decree appointing himĀ 

Article 49 - Qualifications

  • It is a prerequisite that whoever is appointed as Prime Minister, his Deputy, or a Minister:
    • a) Shall be of Awadhi nationality in accordance with the Law;
    • b) Shall be aged not less than 30 years of the Gregorian calendar.

Article 50 - Oath of Ministers

  • Before assuming their powers the Prime Minister, his Deputies, and Ministers shall swear the following oath in the presence of the Shah:

"I swear by Almighty God that I shall be faithful to my Shah and my Country, that I shall respect the Constitution of the Kingdom and its implementing regulations; that I shall uphold at all times the integrity of the Kingdom and the security of its territory, and shall work to promote fully its interests and the interests of its citizens, and that I shall discharge my duties truly and honestly."

Article 51 - Ministries

  • Deputy Prime Ministers and Ministers shall supervise the affairs of their Ministries and Organisations, and implement the general policy of the Government therein, as well as drawing up future guidelines for their Ministries and Organisations and following up their implementation.

Article 52 - Responsibility

  • Members of the House of the People are politically and collectively responsible before the Shah for carrying out the general policies of the Nation, and each is individually responsible before the Shah for the discharge of his duties and the exercise of his powers.

Article 53 - Economic Incompatibility

  • Members of the House of the People shall not combine their Ministerial position with the chairmanship or membership of the Board of any joint stock company. Nor may the Government departments of which they are in charge have dealings with any company or organization in which they have an interest, whether direct or indirect. They should be guided in all their actions by considerations of national interest and public welfare and should not exploit their official positions in any way for their own benefit or for the benefit of those with whom they have special relations.

Article 54 - Remuneration

  • The emoluments of Deputy Prime Ministers and Ministers, during their term of office and after their retirement, shall be established by law.

Article 55 - Ministers

  • The provisions of Articles 48, 49, 50, 51, 52, and 53 shall apply to all those with the rank of Minister.

Part Seven - Financial Affairs

Article 56 - Financial Law

  • The Law specifies the provisions concerning the following matters and the bodies responsible for them:
    • collection of taxes, revenues and other public monies, and measures for their disbursement.
    • maintenance and administration of the property of the Kingdom, the conditions of its disposal, and the limits within which a part of this property may be assigned.
    • the general budget of the Kingdom and the final account.
    • the autonomous and supplementary budgets and their final accounts.
    • control of the finances of the Kingdom.
    • loans extended by or obtained by the Nation.
    • currency and banking , standards, weights and measures.
    • salaries, pensions, indemnities, subsidies and gratuities charged to the Treasury of the Kingdom.


Part Eight - The Judiciary

Article 57 - Rule of Law, Impartiality

  • The sovereignty of the Law is the basis of governance in the Kingdom. Rights and freedoms are guaranteed by the dignity of the judiciary and the probity and impartiality of the judges.

Article 58 - Independence of the Courts

  • Judicial power is independent and vested in the Courts of Law, of whatever type or status, which issue judgements in accordance with the Law.

Article 59 - Independence of Judges

  • There is no power over the judges in their rulings except the Law. Judges can only be dismissed in cases specified by the Law. No party may interfere in a law suit or in matters of justice; such interference shall be a crime punishable by law. The Law shall specify the conditions to be fulfilled for those administering justice, the conditions and procedures for the appointment of judges, their transfer and promotion, the security offered to them, the cases in which they are not liable for dismissal, and other relevant provisions.

Article 60 Organization, Military Courts, Martial Law

  • The Law shall regulate the Law Courts of whatever type or status and shall specify their functions and competencies. The jurisdiction of Military Courts shall be restricted to military crimes committed by members of the Armed Forces and the security forces and shall only extend to others in the case of martial law and then within the limits laid down by the Law.

Article 61 - Publicity

  • Court hearings are public except when the Law Court decides to hold the case in camera in the interests of public order or public morals. In all cases pronouncement of finding and sentence shall be in open session.

Article 62 - Public Prosecution, Attorney General

  • The public prosecution shall conduct legal proceedings on behalf of the community, shall oversee matters of judicial prosecution and shall be vigilant in the application of the penal code, the pursuit of the guilty and the execution of court judgements. The Law shall regulate the public prosecution and its competencies and shall specify the conditions and security applicable to those who discharge its functions. In exceptional cases, Public Security departments may be legally empowered to conduct proceedings in cases involving misdemeanours, in accordance with the conditions laid down by the Law.

Article 63 - Legal Profession

  • The legal profession shall be regulated by the Law.

Article 64 - Higher House

  • The judiciary shall have a Higher House, which shall oversee the smooth running of the Law Courts and auxiliary bodies. The Law shall specify the powers of this House with regard to the functions of the judges and the public prosecutor.

Article 65 - Administrative Courts

  • The Law shall adjudicate in administrative disputes through a Special Administrative Causes Court or Department, whose organisation and mode of procedure shall be specified in Law.

Article 66 - Jurisdiction Disputes

  • The Law shall adjudicate in disputes over jurisdiction between judicial departments and in cases of conflict of judgements.

Article 67 - Ministerial Opinions

  • The Law shall define the competencies of the department which expresses legal opinions to Ministries and other Government departments and formulates and revises draft laws, regulations and decisions. The Law shall also specify the mode of representation of the Nation and other public bodies and organisations before the Departments of Justice.

Article 68 - Judicial Review

  • The Law shall stipulate the judicial department concerned with settling disputes arising from the incompatibility of laws and regulations with the Constitution of the Kingdom and ensuring that the latter's provisions are not contravened, and shall define that department's powers and procedures.

Article 69 - Judgement

  • Judgements shall be issued and executed in the name of His Majesty the Shah. Failure or delay in executing these judgements on the part of the concerned public officials shall be a crime punishable by law. In such a case the judgement beneficiary has the right to bring a criminal action directly to the court concerned.


Part Seven - General Provisions

Article 70 - Treaties

  • The application of this Constitution shall not infringe the treaties and agreements concluded between the Kingdom of Awadh and other Nations and international bodies and organisations.

Article 71 - Martial Law

  • None of the provisions of this Constitution shall be suspended except in the case of martial law and within the limits laid down by the Law.

Article 72 - Publication

  • Laws shall be published in the Official Gazette within two weeks of the day of their issuance. Laws will come into force from their date of publication unless they stipulate another date.

Article 73 - Retroactive Law

  • Provisions of laws shall only apply from the date of their coming into force; whatever happens before that date is of no consequence, unless the text specifies otherwise. Excluded from this exception are penal laws and laws concerning taxes and financial dues.


Article 74 - Ratification

  • Treaties and agreements shall not have the force of law until they have been ratified. In no case may a treaty or an agreement contain secret conditions which contradict its declared conditions.

Article 75 - Old Laws

  • Everything stipulated by laws, regulations, decrees, directives and decisions in force on the date of this Constitution becoming effective shall remain in force, provided that they do not conflict with any of its provisions.

Article 76 - Required Laws

  • Laws which are not yet in existence but are necessitated by this Constitution shall be promulgated by the competent departments within two years of its coming into force.

Article 77 - Supremacy of the Constitution

  • Laws and procedures which have the force of law must conform to the provisions of the Constitution of the Kingdom.

Article 78 - Executive Bound By Law

  • No body in the Kingdom may issue rules, regulations, decisions or instructions which contravene the provisions of laws and decrees in force, or international treaties and agreements which constitute part of the law of the Kingdom.

Article 79 - Amendments

  • This Constitution can only be amended in the same manner in which it was promulgated.
Personal tools
discussion