CHAPTER 3 : RESTRICTIONS ON GOVERNMENTS |
Article
3.1 : All
powers are vested in the people. All powers exercised by the
Government are derived from the people which are delegated by the people
to the Government. So any misuse of power by the Government against the
people becomes ultra vires. Article
3.2 : Every
authority has to comply with all the provisions of RESTRICTIONS in this
chapter. Any violation of any of the provision will disqualify the
concerned authority. Article
3.3 : No
any law or Act passed by the Lok sabha or state legislature or district
authority will be effective in any village unless it is ratified by the
concerned GRAM SABHA of that village. Article
3.4 : No
Government can spend on administration of the Government including
salaries, emoluments, amenities, travelling, vehicles, welfare of the
employees, housing etc., the amount more than 5% of the annual tax
income. Article
3.5 : No
Government can pay total monthly salary including all emoluments more
than Rs. 20000/- to any person or public servant, appointed or elected. Article
3.6 : No
Government will pay salary to any person with all allowances more than
100 times the average income of the poorest 20% of the people of India. Article
3.7 : No
Government can appoint any employee for more than 3 years at a time. Article
3.8 : No
Government can form all India services or State level services for
employees. Article
3.9 : No
Government can provide for provident fund, pension etc for any employee
or any public servant. Article
3.10 : No
Government can make any scheme to provide houses to the employees of the
Government. Article
3.11 : No
Government can make any scheme of benefits specially for the employees of
the Government. Article
3.12 : No
Government can impose any tax, directly or indirectly on agricultural
commodities, production or sale or movement of the essential commodities
related to the basic needs of the people. Article
3.13 : No
Government can make any devaluation of Indian rupee against any currency
of the world. Article
3.14 : No
Government can obtain any loan or raise any debt from foreign country or
international organization. Article
3.15 : No
Government can act against COMPULSARY COMMANDS TO THE GOVERNMENTS as per
chapter 5. Article
3.16 : No
Government can acquire any agricultural land from any farmer unless it is
ratified by the concerned GRAM SABHA unanimously. Article
3.17 : No
Government can acquire any GAUCHAR land, waste land, forest land etc.
from any village without the express consent of the concerned GRAM SABHA
unanimously. Article
3.18 : No
Government can take any decision on any important matter having far
reaching consequences on the life of the people except otherwise by
taking referendum of the people by secret ballot poll. Article
3.19 : No
Government can sign any international treaty unless the draft of the
treaty has been ratified by 80% of state legislatures, by Lok Sabha, by
Rashtriya Nyay Sabha and also by so many districts Panchayats of the
nation which will represent 60% of the total population of the country. Article
3.20 : No
Government can impose any restrictions on Birth Rights described in the
chapter 4. Explanations
(i) Nothing will prevent the Government to impose reasonable ceiling on
property in cities. (ii) Nothing will prevent the GRAM SABHA to impose
the ceiling on or acquire the agricultural land held by the villagers not
living in the village. Article
3.21 : No
any central or state Government shall allow for Incorporation of trading
corporations, including banking, insurance and financial corporations. Article
3.22 : No
Government can enter into treaties and agreements with foreign countries
without express consent of majority of all the states such that at least
60% of population is represented by the consent of the states. Article
3.23 : No
Government can make any law facilitating the misuse of broadcasting media
in favour of multinational companies and indigenous big companies to
build or divert public opinion in favour of their business interests. Article
3.24 : No
Government can allow or accept to allow to advertise on broadcasting
media by multinational companies and big indigenous companies about their
products. Article
3.25 : No
Government can raise, make or allow lotteries in any form. Article
3.26 : No
Government shall allow any foreign Bank to operate in India. Article
3.27 : No
central or state government shall restrict in any form for registration
and operation of small scale level banking business. Article
3.28 : No
Government shall allow any foreign Insurance Co. to operate in India. Article
3.29 : No
government shall restrict in any form for registration and operation of
small scale level Insurance business. Article
3.30 : No
Government shall allow to operate speculative future markets. Article
3.31 : No
Government shall allow international companies or international trading
in stock exchanges. Article
3.32 : No
Government shall allow any patent right in any form for any invention or
discovery. Article
3.33 : No
Government shall allow Cultivation, manufacture, and sale of opium in
India or for export. Article
3.34 : No
any Government shall allow exhibition of cinematrograph in any district
unless it is approved by the competent committee of women in that
district that it is not having any scene insulting or damaging the
culture of India. Article
3.35 : No
Government shall allow to facilitate the spreading of tobacco and its
product. Article
3.36 : No any Government shall consider
contempt of court as offence.
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