We, the Sovereign People of the Athara Magarati union of hangates,
Recognize the injustices of our past;
Honor those who suffered for justice and freedom in our land and at the hands of our ancestors;
Respect those who have worked to build and develop our country;
Believe that Athara Magarat belongs to all who live in it, united in our diversity.
We, therefore, through our freely elected representatives, adopt this Constitution as the supreme law of Athara Magarat so as to -
Internalize the people's sovereign right and right to autonomy and self-rule, while maintaining freedom, sovereignty, territorial integrity, national unity, independence and dignity of Athara Magarat,
Recall the glorious history of historic people's movements, armed conflict, dedication and sacrifice undertaken by the common Athara Magarati people at best and worst of times for the interest of the nation, democracy and progressive changes, and respecting for the martyrs and disappeared and victim citizens,
End all forms of discrimination and oppression created by the feudalistic, autocratic, centralized, unitary system of governance of the past,
Protect and promote social and cultural solidarity, tolerance and harmony, and unity in diversity by recognizing the multi-ethnic, multi-lingual, multi-religious, multi-cultural and diverse regional characteristics, resolving to build an egalitarian society founded on the proportional inclusive and participatory principles in order to ensure economic equality, prosperity and social justice, by eliminating discrimination based on class, ethnicity, region, language, religion and gender, and
Be committed to socialism based on democratic norms and values including the people's competitive multiparty democratic system of governance, civil liberties, fundamental rights, human rights, periodic elections, full freedom of the press, and independent, impartial and competent judiciary and concept of the rule of law, and build a prosperous nation,
Do hereby pass and promulgate this Constitution, in order to fulfill the aspirations for sustainable peace, good governance, development and prosperity through the democratic republican system of governance.
May the Heavens bless this union of hangates and protect our peoples as long as the sun guides this world with its bright light.
Article 1 - Constitution as the fundamental law
A. This Constitution is the supreme law of Athara Magarat; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.
B. It shall be the duty of every Athara Magarati to observe this Constitution.
Article 2 - Sovereignty and state authority
The sovereignty and state authority of Athara Magarat shall be vested in the Athara Magarati people. It shall be exercised in accordance with the provisions set forth in this Constitution.
Article 3 - Nation
All the Athara Magarati people, with multiethnic, multilingual, multi-religious, multicultural characteristics and in geographical diversities, and having common aspirations and being united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of Athara Magarat, collectively constitute as one nation despite being a union of hangates.
Article 4 - Athara Magarat
A. Athara Magarat is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, democratic republican state founded on the following values:
(i) Human dignity, the achievement of equality and the advancement of human rights and freedoms.
(ii) Elimination of discrimination based on class, ethnicity, region, language, religion and gender.
(iii) Supremacy of the constitution and the rule of law.
(iv) Regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.
B. The territory of Athara Magarat shall comprise:
(i) The territory existing at the time of commencement of this Constitution, and
(ii) Such other territory as may be acquired after the commencement of this Constitution.
Article 5 - National interest
A. Safeguarding of the freedom, sovereignty, territorial integrity, nationality, independence and dignity of Athara Magarat, the rights of the Athara Magarati people, border security, economic well-being and prosperity shall be the basic elements of the national interest of Athara Magarat.
B. Any conduct and act contrary to the national interest shall be punishable by the law of Athara Magarat.
Article 6 - Languages of Athara Magarat
B. Each constituent hangate may; in accordance to their law, determine one or more than one languages of the nation spoken by a majority of people within the City-State as its official language(s), in addition to Nyssic and Doman.
C. All languages spoken as mother tongues in Athara Magarat are the national languages of Athara Magarat.
D. Practical and positive measures are to be taken to elevate the number of speakers of the indigenous languages of the Athara Magarati people.
E. Other matters relating to language shall be as decided by the Government of Athara Magarat, on recommendation of the Linguistics Commission of the National Council of Ethnic Groups.
Article 7 - National flag
A. The national flag of Athara Magarat consists of two juxtaposed triangular figures with a white and a crimson red halves and deep blue borders; there also needs to be the presence of a black comet shaped like a Gurung Yantra visible in the white half.
B. The method of drawing out the flag and other particulars relating thereto shall be as set forth in Schedule 1.
Article 7 - National anthem
The national anthem of Athara Magarat shall be as set forth in Schedule 2.
Article 8 - National animal
The Chuli Leopard (Panthera magaratis), believed to the inspiration for the legends of the White Tigresses, shall be the national animal of the Athara Magarat.
Article 1 - Not to deprive of citizenship
No citizen of Athara Magarat may be deprived of the right to obtain citizenship.
Article 2 - To be citizens of Athara Magarat
A. The persons who have obtained the citizenship of Athara Magarat at the time of commencement of this Constitution and who are qualified to obtain citizenship in accordance with this Part shall be the citizens of Athara Magarat.
B. The following person who has his or her permanent domicile in Athara Magarat at the time of commencement of this Constitution shall be the citizen of Athara Magarat by descent if:
(i) he/she who has obtained the citizenship of Athara Magarat by descent prior to the commencement of this Constitution,
(ii) a person whose father "or" mother was a citizen of Athara Magarat at his or her birth.
C. Every minor who is found within Athara Magarat and the whereabouts of whose parent(s) are not known shall, until the parent(s) of the child is traced, be a citizen of Athara Magarat by descent.
D. A foreign individual who has a matrimonial relationship with a citizen of Athara Magarat may, if he/she so wishes, acquire the naturalized citizenship of Athara Magarat as provided for in the law.
E. In the cases other than those mentioned in this Article, the Government of Athara Magarat may, in accordance with the law, grant the naturalized citizenship of Athara Magarat.
F. The Government of Athara Magraat may, in accordance with the law, grant the honorary citizenship of Athara Magarat to special foreign individuals under special circumstances.
G. Whenever any territory is acquired by way of merger into this union of hangates, a person having his or her domicile in such territory shall become a citizen of Athara Magarat, subject to the law of the nation.
Article 3 - Citizenship with identity of descent and gender
A person who obtains the citizenship of Athara Magarat by descent in accordance with this Constitution may obtain a certificate of citizenship of Athara Magarat with gender identity by the name of his or her mother or father.
Article 4 - Acquisition, re-acquisition and termination of citizenship
Other matters relating to the acquisition, re-acquisition and termination of citizenship shall be as provided for in the law.
Article 5 - Power to grant non-resident Athara Magarati citizenship
The non-residential citizenship of Athara Magarat may be so granted to a person who has acquired the citizenship of a foreign country and who or whose father or mother, grandfather or grandmother, was previously a citizen of Athara Magarat by descent or birth but subsequently acquired the citizenship of the foreign country that such person may enjoy economic, social and cultural rights in accordance with the law of Athara Magarat.
Article 6 - Other provisions relating to citizenship of Athara Magarat
Other matters relating to the maintenance of records setting out the identity of every citizen of Athara Magarat and the citizenship of Athara Magarat shall be as provided for in the law of Athara Magarat.
Fundamental Rights and Duties
Article 1 - Right to live with dignity
A. Everyone has inherent dignity and the right to have their dignity respected and protected.
B. No law shall be made providing for the death penalty to any one.
Article 2 - Right to freedom
Article 3 - Right to equality
Article 4 - Right to communication
Article 5 - Rights relating to justice
Article 6 - Right of victim of crime
Article 7 - Right against torture
Article 8 - Right against preventive detention
Article 9 - Right against discrimination
Article 10 - Right relating to property
Article 11 - Right to freedom of religion
Article 12 - Right to information
Article 13 - Right to privacy
Article 14 - Right against exploitation
Article 15 - Right to clean environment
Article 16 - Right relating to education
Article 17 - Right to language and culture
Article 18 - Right to employment
Article 19 - Right to labor
Article 20 - Right relating to health
Article 21 - Right relating to food
Article 22 - Right to housing
Article 23 - Rights of women
Article 24 - Rights of the child
Article 25 - Rights of sexual minorities
Article 26 - Rights of senior citizens
Article 27 - Right to social justice
Article 28 - Right to social security
Article 29 - Rights of the consumer
Article 30 - Right against exile
Article 31 - Right to constitutional remedies
Article 32 - Implementation of fundamental rights
Article 33 - Duties of citizens
SPOILER I will do these rights and stuff at the last. Ainslie rightly advises me time and again to limit the amount of human rights in my constitution. For now, just list them. Promise to work on them later on. Now to Part 4...
Directive Principles, Policies and Obligations of the Hangate
Article 1 - To be guiding principles
A. The directive principles, policies and obligations set forth in this Part shall be the guiding principles for the governance of the hangate.
B. The hangate shall mobilize, or cause to be mobilized, means and resources, as required, to implement the principles, policies and obligations set forth in this Part.
Article 2 - Directive principles
A. The political objective of the hangate shall be to establish a public welfare system of governance, by establishing a just system in all aspects of the national life through the rule of law, values and norms of fundamental rights and human rights, gender equality, proportional inclusion, participation and social justice, while at the same time protecting the life, property, equality and liberties of the people, in keeping with the vitality of freedom, sovereignty, territorial integrity and independence of Athara Magarat, and to consolidate a democratic republican system of governance in order to ensure an atmosphere conducive to the enjoyment of the fruits of democracy, while at the same time maintaining the relations between the eighteen City States on the basis of cooperation and incorporating the principle of proportional participation in the system of governance on the basis of local autonomy and decentralization.
B. The social and cultural objective of the hangate shall be to build a civilized and egalitarian society by eliminating all forms of discrimination, exploitation and injustice on the grounds of religion, culture, tradition, usage, custom, practice or on any other similar grounds, to develop social, cultural values founded on national pride, democracy, pro-people, respect of labor, entrepreneurship, discipline, dignity and harmony, and to consolidate the national unity by maintaining social cohesion, solidarity and harmony, while recognizing cultural diversity.
C. The economic objective of the hangate shall be to achieve a sustainable economic development, while achieving rapid economic growth, by way of maximum mobilization of the available means and resources through participation and development of public, private and cooperatives, and to develop a socialism-oriented independent and prosperous economy while making the national economy independent, self-reliant and progressive in order to build an exploitation free society by abolishing economic inequality through equitable distribution of the gains.
D. The hangate shall direct its international relations towards enhancing the dignity of the nation in the world community by maintaining international relations on the basis of sovereign equality, while safeguarding the freedom, sovereignty, territorial integrity and independence and national interest of Athara Magarat.
Article 3 - Policies of the Hangate
The hangate shall pursue the following policies:
A. Policies relating to national unity and national security:
(i) to keep intact the national unity, while protecting the freedom, sovereignty, territorial integrity and independence of Athara Magarat,
(ii) to promote the national unity while developing mutual cooperative relations between the eighteen City States by maintaining mutual cohesion, harmony and solidarity between various ethnic groups, tribes, religions, languages, cultures and communities,
(iii) to maintain law and order by developing a national security system,
(iv) to guarantee the overall human security system,
(v) to make all security organs including the Athara Magarat National Army, respective Police Departments of the eighteen City States, the Armed Police Force of Athara Magarat and the Athara Magarati Intelligence; competent, strong, professional, inclusive and accountable to the people, on the basis of national security policies,
(vi) to make and keep the citizens ready and competent to serve the hangate as and when necessary,
(vii) to make proper use, in hangate's interest, of the knowledge, skills and experiences of former public employees including former employees, military and police.
B. Policies relating to political and governance system of Hangate:
(i) to guarantee the best interests and prosperity of the people through economic, social and cultural transformations, while safeguarding, consolidating and developing political achievements,
(ii) to maintain rule of law by protecting and promoting human rights,
(iii) to implement international treaties, agreements to which Athara Magarat is a party,
(iv) to guarantee good governance by ensuring the equal and easy access of the people to the services and facilities delivered by the hangate, while making public administration fair, competent, impartial, transparent, free from corruption, accountable and participatory,
(v) to make necessary provisions to make mass media fair, healthy, impartial, decent, responsible and professional,
(vi) to develop and expand harmonious and cooperative relations between the eighteen City States by way of sharing of responsibilities, resources and administration between them.
C. Relating to social and cultural transformation:
(i) to build the society founded on cordial social relations by developing a healthy and civilized culture,
(ii) to carrying out studies, research works, excavation and dissemination for the protection, promotion and development of ancient, archaeological and cultural heritages,
(iii) to make community development through enhancement of local public participation, by promoting and mobilizing the creativity of local communities in social, cultural and service-oriented works,
(iv) to focus on the development of arts, literature and music which form national heritages,
(v) to end all forms of discrimination, inequality, exploitation and injustice in the name of religion, custom, usage, practice and tradition existing in the society,
(vi) to protect and develop languages, scripts, culture, literature, arts, motion pictures and heritages of various ethnic groups, tribes, and communities on the basis of equality and co-existence, while maintaining the cultural diversity of the hangate,
(vii) to pursue a multi-lingual policy.
D. Relating to economy, industry and commerce:
(i) to enhance national economy through partnership and independent development of the public, private and cooperative sectors,
(ii) to achieve economic prosperity by way of optimum mobilization of the available means and resources, while focusing on the role of private sector in economy,
(iii) to promote the cooperative sector and mobilize it in national development to the maximum extent,
(iv) to encourage and mobilize the economic sector in the overall national development, while providing for regulation to maintain fairness, accountability and competition in all of its activities,
(v) to make equitable distribution of the available means and resources and benefits of economic development,
(vi) to diversify and expand markets for goods and services, while promoting exports through development and expansion of industries upon identifying areas of comparative advantage,
(vii) to protect the interests of consumers by maintaining trade fairness and discipline by making national economy competitive, while ending activities such as creating black marketing, monopoly, artificial scarcity and restricting competition,
(viii) to protect and promote domestic industries and resources and accord priority to domestic investment based on Athara Magarati manpower, skills and raw materials for the development of national economy,
(ix) to give priority to domestic investment for the development of national economy,
(x) to encourage foreign capital and technological investment in areas of import substitution and export promotion, in consonance with national interest, and encourage and mobilize such investment in infrastructure building,
(xi) to make the obtaining of foreign assistance transparent, while making the national needs and priorities as the basis for obtaining foreign assistance, and incorporating amounts received in form of foreign assistance in the national budget,
(xii) to utilize knowledge, skill, technology and capital of the nonresident Athara Magarati people in the national development,
(xiii) to give dynamism to the economic development by establishing coordination between the eighteen City States and the Government of Athara Magarat in relation to industrial corridors, special economic zones, national projects and projects involving foreign investment.
E. Policies relating to agriculture and land reforms:
(i) to make scientific land reforms having regard to the interests of the farmers, while ending the dual ownership existing in the lands,
(ii) to enhance product and productivity by carrying out land pooling, while discouraging inactive land ownership,
(iii) to make land management and commercialization, industrialization, diversification and modernization of agriculture, by pursuing land-use policies to enhance agriculture product and productivity, while protecting and promoting the rights and interests of the farmers,
(iv) to make proper use of lands, while regulating and managing lands on the basis of, inter alia, productivity, nature of lands and ecological balance,
(v) to provide for the farmers' access to agricultural inputs, agro-products at fair price and market.
F. Policies relating to development:
(i) to formulate sustainable socio-economic development strategies and programs under the regional development plan for inclusive economic development with regional balance, and implement them in a coordinative manner,
(ii) to develop balanced, environment friendly, quality and sustainable physical infrastructures, while according priority to the regions lagging behind from development perspective,
(iii) to enhance local public participation in the process of development works,
(iv) to enhance investment in scientific study, research works and in invention, progress and development of science and technology, and protect scientists, technologists, intellectual and eminent talents,
(v) to ensure easy and simple access of the general public to information technology by developing and expanding information technology to the tune of national needs, and make optimum utilization of information technology in the national development,
(vi) to make provisions enabling the general public to enjoy fruits of development in a just manner, while according priority to the indigent citizens in the distribution of such fruits,
(vii) to develop an integrated national identity management information system and manage all kinds of information and data of the citizens in an integrated manner, and linking such system with the services and facilities provided by the hangate and with national development plans,
(viii) to update demographic statistics and linking it with national development plans.
G. Policies relating to protection, promotion and use of natural resources:
(i) to protect, promote, and make environmental friendly and sustainable use of, natural resources available in the country, in consonance with national interest and adopting the concept of inter-generational equity, and make equitable distribution of fruits, according priority and preferential right to the local communities,
(ii) to make multi-purpose development of water resources, while according priority to domestic investment based on public participation,
(iii) to ensure reliable supply of energy in an affordable and easy manner, and make proper use of energy, for the fulfillment of the basic needs of citizens, by generating and developing renewable energy,
(iv) to develop sustainable and reliable irrigation by making control of water-induced disasters, and river management,
(v) to conserve, promote, and make sustainable use of, forests, wildlife, birds, vegetation and bio-diversity, by mitigating possible risks to environment from industrial and physical development, while raising awareness of general public about environment cleanliness,
(vi) to maintain the forest area in necessary lands for ecological balance,
(vii) to adopt appropriate measures to abolish or mitigate existing or possible adverse environmental impacts on the nature, environment or biological diversity,
(viii) to pursue the principles of environmentally sustainable development such as the principles of polluter pays, of precaution in environmental protection and of prior informed consent.
(ix) to make advance warning, preparedness, rescue, relief and rehabilitation in order to mitigate risks from natural disasters.
H. Policies relating to basic needs of the citizens:
(i) to prepare human resources that are competent, competitive, ethical, and devoted to national interests, while making education scientific, technical, vocational, empirical, employment and people-oriented,
(ii) to enhance the hangate's total investment in the education sector,
(iii) to ensure education is qualitative, accessible and free,
(iv) to establish and promote community information centers and libraries for the personality development of citizens,
(v) to keep on enhancing investment necessary in the public health sector by the Hangate in order to make the citizens healthy,
(vi) to ensure easy, convenient and equal access of all to quality health services,
(vii) to protect and promote health systems through promotion of natural and traditional medicine of all Athara Magarati culture groups,
(viii) to enhance the hangate's total investment in the health sector,
(ix) to focus on health research and keep on increasing the number of health institutions and health workers in order to make health services widely available and qualitative,
(x) to increase average life expectancy by reducing maternal and infant mortality rate, while encouraging family planning for population management on the basis of Athara Magarat's capacity and need,
(xi) to manage unplanned settlement and develop planned and systematic settlement,
(xii) to provide for sustainable production, supplies, storage, security, and easy and effective distribution of foods by encouraging food production in tune with climate and soil, in consonance with the concept of food sovereignty, while enhancing investment in the agriculture sector,
(xiii) to ensure planned supply system by according special priority to the remote and backward regions, while ensuring equal access of all citizens to basic goods and services,
(xiv) to enhance investment in the transportation sector, while ensuring simple, easy and equal access of the citizens to transportation facilities, and to make the transportation sector safe, systematic and persons with disabilities friendly by encouraging public transportation and regulating private transportation, while according priority to the environment friendly technologies,
(xv) to arrange for access to medical treatment while ensuring citizen's health insurance.
I. Policies relating to labor and employment:
(i) to make competent and professional the labor force of the country and enhance employment within the country, while ensuring a situation enabling all to work,
(ii) to guarantee social security, while ensuring the basic rights of all labors, in consonance with the concept of decent labor,
(iii) to abolish all forms of labor exploitation including child labor,
(iv) to encourage participation of labors in management, while maintain cordial relations between the labors and the employers,
(v) to regulate and manage the sector in order to make foreign employment free from exploitation, safe and systematic and to guarantee employment and rights of the labors,
(vi) to encourage to mobilize the capital, skills, technology and experience gained from foreign employment in productive sectors in the country.
J. Policies relating to social justice and inclusion:
(i) to keep on making appropriate arrangements for the livelihoods of the helpless single women, while according priority to them in employment on the basis of skills, competency and qualification,
(ii) to make self-dependent the women who are vulnerable, subjected to social and family exclusion and victims of violence self-reliant by making their rehabilitation, protection and empowerment,
(iii) to ensure enjoyment of requisite services and facilities at the reproductive stage,
(iv) to evaluate economically the work and contribution such as maintenance of children and care of families,
(v) to take into consideration primarily of the best interests of the child,
(vi) to identify the unemployed, refugees, tillers, landless, squatters; and rehabilitate them by providing housing, housing plot for residence and cultivable land or employment for their livelihoods,
(vii) to create an atmosphere conducive to the full enjoyment of the political, economic, social and cultural rights, while enhancing the participation of youths in national development, to make their personality development, while providing special opportunity in areas including education, health and employment for the empowerment and development of the youths and provide them with appropriate opportunities for the overall development of the hangate,
(viii) to make the indigenous nationalities participate in decisions concerning that community by making special provisions for opportunities and benefits in order to ensure the right of these nationalities to live with dignity, along with their identity, and protect and promote traditional knowledge, skill, culture, social tradition and experience of the indigenous nationalities and local communities,
(ix) to make special provisions for opportunities and benefits to minority communities to enjoy social and cultural rights, with maintaining their identity,
(x) to make special provisions for equal distribution of economic, social and cultural opportunities and benefits to the LGBT community, religious minorities and backward class, and for opportunities and benefits to the indigent citizens within such communities for their protection, upliftment, empowerment and development,
(xi) to make special provisions for opportunities and benefits for the protection, upliftment, empowerment and development of the citizens of the oppressed and backward regions and for the fulfillment of their basic needs,
(xii) to accord priority to the indigent within all sexes, regions and communities in the provision of social security and social justice,
(xiii) to make planned investment in sports and sport-persons in order to prepare healthy, competent and disciplined citizens, and to develop sports as a means of consolidating national unity and enhancing national prestige at the international level,
(xiv) to adopt a single door system for the establishment, approval, operation, regulation and management of community based and national or international non-governmental organizations and to involve such organizations only in the sectors of national need and priority, while making investment and role of such organizations transparent and accountable.
K. Policies relating to justice and penal system:
(i) to make the administration of justice speedy, efficient, widely available, economical, impartial, effective, and accountable to people,
(ii) to pursue alternative means such as mediation and arbitration for the settlement of disputes of general nature,
(iii) to adopt effective measures for the control of corruption and irregularities in all sectors including political, administrative, judicial and social sectors.
L. Policies relating to tourism:
To develop eco-friendly tourism industries as an important base of national economy by way of identification, protection, promotion and publicity of the ancient, cultural, religious, archaeological and natural heritages of Athara Magarat, to make environment and policy required for the development of tourism culture, and to accord priority to local people in the distribution of benefits of tourism industries.
M. Policies relating to international relations:
(i) to conduct an independent foreign policy based on international law and the norms of world peace, taking into consideration of the overall interest of the hangate, while remaining active in safeguarding the sovereignty, territorial integrity, independence and national interest of Athara Magarat,
(ii) to review treaties concluded in the past, and make treaties, agreements based on equality and mutual interest.
Article 4 - Obligations of the Hangate
It shall be the obligation of the hangate to make the Athara Magarati people a prosperous and affluent nation-state by protecting and promoting fundamental rights and human rights, pursuing directive principles of the hangate and gradually implementing policies of the hangate, while keeping intact the freedom, sovereignty, territorial integrity and independence of Athara Magarat.
Article 5 - To submit report
The Government of Athara Magarat shall submit an annual report containing the steps taken and achievements made in the implementation of the directive principles, policies and obligations of the hangae set forth in this Part to the
Hang or Hangma of Athara Magarat, who shall ensure such report to be laid before the parliament.
Structure of the Hangate and Distribution of Power
Article 1 - Structure of the Hangate
A. The main structure of the Athara Magarati Democratic Hangate shall be of three levels, namely the central government, the eighteen City-States and the local level.
B. The central government, the eighteen City-States and local levels shall exercise the power of the hangate pursuant to this Constitution and law.
C. There shall be Village Institutions, Town Municipalities and District Assemblies at the local level working under the administration of the eighteen City-States, whose respective territory shall be defined by the law of the hangate. The number of Wards in a Village Institution and Town Municipality of the City-State shall be as provided for in the law of that particular City-State.
D. Any Special, Protected or Autonomous Region can be set by the individual City-States as per their law in consultation with the central government for social, cultural protection or economic development.
E. The central government and the eighteen City-States shall protect Athara Magarat's freedom, sovereignty, territorial integrity, independence, national interest, overall development, multi-party, competitive, democratic, republican system of governance, human rights and fundamental rights, rule of law, separation of powers and check and balance, egalitarian society based on pluralism and equality, inclusive representation and identity.
Article 2 - Distribution of power
A. The powers of the central government and the City-State shall be exercised pursuant to this Constitution and the law.
B. The powers of the local level shall be exercised pursuant to this Constitution and the law made by the Village Assembly or Municipal Assembly.
C. Any law to be made by the City-State Assembly, Village Assembly or Municipal Assembly shall be so made as not to be inconsistent with the law of the hangate, and any law made by the City-State Assembly, Village Assembly or Municipal Assembly which is inconsistent with the law of the hangate shall be invalid to the extent of such inconsistency.
Article 3 - Exercise of financial powers
A. The central government, eighteen City-States and the local level shall make laws, make annual budget, decisions, formulate and implement policies and plans on any matters related to financial powers within their respective jurisdictions.
B. The central government may so make necessary policies, standards and laws on any of the matters enumerated in the Concurrent List and other areas of financial powers as to be applicable also to the City-States.
C. The central government, eighteen City-States and the local level shall make budget of their respective levels, and the time for submission of budget by the City-State and local level shall be as provided for in the law.
D. The central government, eighteen City-States and the local level shall provide for the equitable distribution of benefits derived from the use of natural resources or development. Certain portions of such benefits shall be distributed, pursuant to law, in forms of royalty, services or goods to the project affected regions and local communities.
E. If, in utilizing natural resources, the local community desires to make investment therein, the central government, eighteen City-States and the local level shall accord priority to such investment in such portion as provided bylaw on the basis of the nature and size of such investment.
F. The Government of Athara Magarat shall have power to obtain foreign assistance and borrow loans. Such assistance or loans shall be so obtained or borrowed as to have macro-economic stability of the country.
G. Provisions relating to the management of budget deficits and other fiscal discipline of the central government, eighteen City-States and the local level shall be as provided for in the law.
Article 4 - Distribution of sources of revenue
A. The central government, eighteen City-States and the local level may impose taxes on matters falling within their respective jurisdiction and collect revenue from these sources. Provided that provisions relating to the imposition of taxes and collection of revenue on matters that fall within the Concurrent List and on matters that are not included in the List of any level shall be as determined by the law.
B. The Government of Athara Magarat shall make provisions for the equitable distribution of the collected revenue to the national, City-State and local level.
C. The amount of fiscal transfer receivable by the eighteen City-States and the local level shall be as recommended by the National Natural Resources and Fiscal Commission.
D. The Government of Athara Magarat shall, on the basis of the need of expenditure and revenue capacity, distribute fiscal equalization grants to the eighteen City-States and the local level.
E. Each of the eighteen City-States shall, in accordance with their respective City-State law, distribute fiscal equalization grants out of the grants received from the Government of Athara Magarat and revenues collected from its sources, on the basis of the need of expenditure and revenue capacity of its subordinate local level.
F. Provisions relating to distribution of conditional grants, complementary grants or special grants for other purposes to be provided by the Government of Athara Magarat from the National Consolidated Fund shall be as provided for
in the law.
G. Distribution of revenues between the central government, eighteen City-States and the local level shall be made in a balanced and transparent manner.
H. A National Act on the distribution of revenues shall be made having regard to the national policies, national requirements, autonomy of the eighteen City-States and the local levels, services to be rendered by the City-State and the local level to the people and financial powers granted to them, capacity to collect revenues, potentiality and use of revenues, assistance to be made in development works, reduction of regional imbalances, poverty and inequality, end of deprivation, and assistance to be made in the performance of contingent works and fulfillment of temporary needs.
The Hang or Hangma of Athara Magarat
Article 1 - Hang or Hangma of Athara Magarat
A. There shall be a Hang or Hangma of Athara Magarat.
B. The Hang or Hangma of Athara Magarat shall be the head of state and government of Athara Magarat. He or she shall perform his or her functions in accordance with this Constitution and the law.
C. The Hang or Hangma of Athara Magarat shall promote the national unity of Athara Magarat.
D. The main duty of the Hang or Hangma of Athara Magarat shall be to abide by and protect this Constitution.
Article 2 - Election of the Hang or Hangma of Athara Magarat
A. The Hang or Hangma of Athara Magarat shall be elected by an electoral college composed of the members of the Tribal Council of Elders, who in turn have been elected by gaining a majority vote within their respective tribe as an Elder.
B. Each established tribe of Athara Magarat can field their own candidate each to be the next Hang or Hangma of Athara Magarat, who though not required by law, should preferably be young but distinguished individuals of the society.
C. A person who secures a majority of the total votes of the Tribal Council of Elders shall be elected as the next Hang or Hangma of Athara Magarat.
D. If none of the candidates secures a majority, there shall be voting between the two candidates who have secured the highest number of votes, and a candidate who secures more than fifty percent of the total votes in such a voting shall be elected as the Hang or Hangma of Athara Magarat. If still, none of the candidates secures more than fifty percent of the total votes, re-voting shall be held. A candidate who secures a majority of the total valid votes cast in such voting shall be elected as the Hang or Hangma of Athara Magarat.
E. If a person who holds a political office to be filled by way of election, nomination or appointment is appointed as the Hang or Hangma of Athara Magarat under this Article, his or her such office shall ipso facto be vacant.
F. Election of the Hang or Hangma of Athara Magarat and other matters related thereto shall be as provided for in the law.
Article 3 - Term of Office of the Hang or Hangma of Athara Magarat
A. The term of office of the Hang or Hangma of Athara Magarat shall be ten years from the date on which he or she is so elected.
B. The Hang or Hangma of Athara Magarat whose term of office has expired shall continue to discharge the functions under this Constitution until another elected Hang or Hangma of Athara Magarat assumes his or her office.
Article 4 - Vacation of Office of the Hang or Hangma of Athara Magarat
The office of the Hang or Hangma of Athara Magarat shall become vacant in any of the following circumstances:
A. If he or she tenders resignation in writing to the Speaker of the Divan-i-Magarati,
B. If a motion of impeachment against him or her is passed,
C. If his or her term of office expires,
D. If he or she dies.
Article 5 - Functions, Duties and Powers of the Hang or Hangma of Athara Magarat
A. The Hang or Hangma of Athara Magarat shall exercise such powers and perform such duties as conferred to him or her pursuant to this Constitution or the law.
B. In exercising the powers or duties, the Hang or Hangma of Athara Magarat shall perform all other functions to be performed by him or her on recommendation and with the consent of the Divan-i-Magarati than those functions specifically provided to be performed on recommendation of any body or official under this Constitution or the Law. Such recommendation and consent shall be submitted through the Speaker of the Divan-i-Magarati.
C. Any decision or order to be issued in the name of the Hang or Hangma of Athara Magarat and other instrument of authorization pertaining thereto shall be authenticated as provided for in the law.
Article 6 - The Hang or Hangma of Athara Magarat and the Speaker of the Divan-i-Magarati to be from Different Community
Election to the Hang or Hangma of Athara Magarat and the Speaker of the Divan-i-Magarati under this Constitution shall be so made as to have representation of different communities: based on ethnic group, language, religion and gender.
Article 7 - Oath by the Hang or Hangma of Athara Magarat
Prior to assuming their respective offices, the Hang or Hangma of Athara Magarat shall take an oath of office and secrecy before the Chief Justice and the Speaker of the Divan-i-Magarati
Article 8 - Office of the Hang or Hangma of Athara Magarat
A. There shall be an office for the performance of the functions of the Hang or Hangma of Athara Magarat.
B. The Government of Athara Magarat shall make arrangements for employees and other provisions as required to perform the functions of the offices.
Article 1 - Form of Government
Divan-i-Magarati and the House of Representatives
Article 1 - Divan-i-Magarati
Article 1 -
Article 1 -
Article 1 - Courts to Exercise Powers Relating to Justice
A. Powers relating to justice in Athara Magarat shall be exercised by courts and other judicial bodies in accordance with this Constitution, other laws and the recognized principles of justice.
B. All shall abide by the orders or decisions made in the course of trial of lawsuits by the courts.
Article 2 - Courts
A. There shall be the following courts in Athara Magarat:
(i) One Supreme Court,
(ii) Four High Courts, and
(iii) Eighteen City-State Courts.
B. In addition to these courts, judicial bodies may be formed at the Local Level to try cases under law or other bodies as required may be formed to pursue alternative dispute settlement methods.
Article 3 - Supreme Court
A. There shall be a Supreme Court in Athara Magarat.
B. The Supreme Court shall be a court of record. All courts and judicial bodies shall, except as otherwise provided in this Constitution, be under the Supreme Court. The Supreme Court shall have the final authority to interpret this Constitution and laws.
C. The Supreme Court may inspect, supervise and give necessary directives to, it and courts, specialized courts or other judicial bodies under its jurisdiction, in relation to matters relating to judicial administration or management.
D. All must abide by any interpretation of the Constitution or a law made by or any legal principle laid down by the Supreme Court in the course of trying a lawsuit. If anyone makes obstruction in the dispensation of justice by, or disregard any order or judgment handed down by, it or any of its subordinate courts, the Supreme Court may, in accordance with law, initiate proceedings and impose punishment for contempt.
Article 3 - Appointment and Qualification of the Chief Justice of Athara Magarat and Judges of the Supreme Court
A. The Supreme Court shall consist of a maximum of eighteen Judges, in addition to the Chief Justice of Athara Magarat.
B. The Hang or Hangma of Athara Magarat shall appoint the Chief Justice, on recommendation of the Speaker of the Divan-i-Magarati, whereas the other Judges of the Supreme Court, shall be appointed on the recommendation of the Judicial Council.
C. Any person who has served as a Judge of the Supreme Court for at least five years shall be qualified for appointment as the Chief Justice.
D. The term of office of the Chief Justice shall be five years.
E. Any citizen of Athara Magarat who has obtained a bachelor's degree in law and served as the Chief Judge or a Judge of a High Court for at least five years or who has obtained a bachelor's degree in law and constantly practiced law as a senior advocate or advocate for at least fifteen years or who is a distinguished jurist having constantly worked for at least fifteen years in the judicial or legal field or who has served in the post of Gazetted first class or a higher post of the Judicial Service for at least twelve years shall be deemed qualified for appointment as a Judge of the Supreme Court.
F. If the office of the Chief Justice falls vacant or the Chief Justice is unable to carry out the duties of his or her office by reason of illness or otherwise or he or she cannot be present in the Supreme Court by reason of a leave of absence or his or her being outside of Athara Magarat, the senior-most Judge of the Supreme Court shall act as the Acting Chief Justice.
Article 4 - Conditions of Service and Facilities of Chief Justice and Judges
A. If the Chief Justice or a Judge of the Supreme Court who has served for at least five years resigns or undergoes compulsory retirement or dies, he or she shall be entitled to such pension as may be provided for in the law.
B. Except as otherwise provided in this Constitution, the remuneration and other conditions of service of the Chief Justice and Judges of the Supreme Court shall be provided for in the Federal law.
C. The Chief Justice or a Judge of the Supreme Court who has been removed from office by way of impeachment or who has been punished by a court for a criminal offence involving moral turpitude shall not be entitled to gratuity or pension.
D. The remuneration and other conditions of service of the Chief Justice or a Judge of the Supreme Court shall not be altered to his or her disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
Article 5 - Vacation of Office of Chief Justice or Judge of Supreme Court
The office of the Chief Justice or a Judge of the Supreme Court shall be vacant in any of the following circumstances:
A. If he or she tenders resignation in writing before the Hang or Hangma of Athara Magarat,
B. If he or she attains the age of sixty years,
C. If a motion of impeachment is passed against him or her,
D. If the Hang or Hangma of Athara Magarat removes from office the Chief Justice, on recommendation of the Divan-i-Magarati, and the Judge of the Supreme Court, on recommendation of the Judicial Council, on the ground that he or she is unable to discharge his or her duties because of physical or mental illness,
E. If he or she is punished by a court for a criminal offence involving moral turpitude,
F. If he or she dies.
Article 6 - Chief Justice and Judges of Supreme Court Not to be Engaged in Any Other Office