Bootstrapping India
Main Page       Feedback? MehtaRahulC@yahoo.com



Draft   to   enact   procedure  
CT.03   ---   Jury   System   over   Central Govt Staff





 
Jury System over Central Govt Employee --- Section   1   :   Preamble
  This Act is to create a less nexusprone procedure for citizens by which citizens can decide if a Central Govt employee needs to be fined/expelled or not.

Section   2   : Format of the act
2.1 Many of the clauses of this law are procedures or instructions, which may be an order or a request. The clause has list of persons for whom that procedure/instruction is meant for.

Section   3   : Appointments of senior officers and their main powers
3.1 [Person responsible for this procedure/directive: PM ; Purpose: Appointment of senior officers] Within 2 days after passing this law, the PM will appoint 2 persons for EVERY district --- Registrar and JA (i.e. Jury Administrator). He may appoint existing District, State or Central Govt employees in these positions.


Section   4   : Procedure for citizens to replace Jury Administrator

[SIMILAR to section4 of "Jury System over Municipality Staff" Act]

Section   5   : Formation of Grand Jury

[ same as section5 of "Jury System over Municipality Staff" Act]

Section   6   : Meetings of Grand Jurors and compensation

[ same as section6 of "Jury System over Municipality Staff" Act]

Section   7: Proceedings against a Central Govt employees

7.1 [Procedure for Citizens] If any citizen has evidences against a Central Govt employee, he can send letters to all or some Grand Jurors of the District in which the employee is stationed. If the Central Govt is senior, and not related with any district, the citizen will need to send the complaint to PM, who will pick a district, whose head quarter is within 200 km of the complainer's district, and ask the Grand Jury of that District to examine the complaint. If over 15 Grand Jurors, in a meeting, issue an invitation, the citizen may appear. The Grand Jurors may or may not invite the accused employee.

7.2 [Procedure for JA] If over 15 Grand Jurors declare that there is some merit in the complaint, the Grand Jurors will pick a District within 200 km of the complainer's district, and ask the JA of that District to call a JURY consisting of 12 citizens from that District to examine the complaint.

7.3 [Procedure for JA] JA will appoint an assistant as a CC (Case Coordinator). The CC will be selected at random on every hearing of the case. Preferably, the CC should have LLB, but this will not be a must.

7.4 [Procedure for Case Coordinator] The trial will go from 11am to 4pm. The trial will start only after all 12 Jurors and the complainer have arrived. If any party has not arrived, the parties who have arrived must wait till 4pm and then only they can go home.

7.5 [Procedure for Case Coordinator] The CC will allow the complainer to speak for 1 hour, during which no can interrupt. Then CC will allow the accused employee to speak for 1 hour during which no one can interrupt. Like this, the CC will alternate case. The case will go on like this on every day.
7.6 [Procedure for Case Coordinator] The case will go for at least 2 days. On the 3rd or later, if over 7 Jurors declare that they have heard enough, the case will go on for 1 more day. If on the next day, over 7 out of 12 Jurors declare that they would like to hear more arguments, the case will go on till over 7 say that case should end.

7.7 [Procedure for Case Coordinator] On the last day, after both parties have presented the case for 1 hour each, the Jurors will deliberate for at least 2 hours. If after 2 hours, over 7 Jurors say that they need no more deliberation, the CC will ask each to declare his verdict.

7.8 [Procedure for Case Coordinator, Grand Jurors] In case a Juror or a party does not show up or shows up late, the Grand Jurors after 3 months will decide the fine.


Section 8 : Fine/expulsion of a Central Govt employee

8.1 [Procedure for Chief Minister] If over 8 out of 12 Jurors declare that the employee is not fit to serve the citizens, the PM will resign in 2 days or expel him.

8.2 [Procedure for PM] Alternatively, the Jurors may declare a fine of 1 to 10 monthly salaries of that employee. If over 8 out of 12 Jurors declare a fine, the PM will not allow him to resume the service till he has paid the fine in full. And the PM will ensure that he gets no payment while he was not on the service. If the employee does not pay the fine in 90 days, the PM will resign or ensure that the employee is expelled.

8.3 [Procedure for PM] If 4 or more Jurors disagree with expulsion or fine, the PM will not take any action against that employee.

8.4 [Procedure for PM] If a judge asks to cancel the fine/expulsion, the PM will resign or pick a District at random and JA of that District to call 12 citizens' Jury to review the judge’s order.

8.5 [Procedure for PM] If over 8 citizens declare that the judge’s order is unconstitutional, illegal, possibly motivated by favoritism/corruption and is also against the Nation’s Interest, the PM will resign or disobey the judge’s order. If the PM is afraid of "contempting the court" he will resign. If less than 8 Jurors disagree with judge, the PM may obey the judge.


Section 9 : Protection to Central Govt employee

9.1 [Procedure for employee] If a Central Govt employee has evidences to show that he is transferred/suspended/expelled for a wrong reason, forward the complaint to the PM who will select a District at random, and forward the complaint. If over 15 Grand Jurors of the District declare that the complaint is worth examining, the JA will randomly choose 12 citizens to review his case.

9.2 [Procedure for PM] If over 8 Jurors declare that the transfer/suspension/expulsion is unconstitutional, illegal and against the National Interest, then within 2 days, the PM will resign or ensure that his transfer/suspension/expulsion is cancelled.


Section 10 : Contract with a Exployee

10.1 [Procedure for PM] The PM will resign or ensure that EVERY new-coming Central Govt employee signs the following contract
      The Contract with the Citizens

    1. I agree to serve the citizens and NOT the officers, Representatives, Ministers and judges.

    2. I believe that the citizens create the Central and the Legitimacy of the Central, not the Representatives, Ministers, officers or judges. Therefore, I believe that citizens own the Central, not the Representatives, Ministers, officers or judges. And so, I truly believe that the law as interpreted by citizens comes above the law as interpreted by the Representatives, Ministers, officers or judges.

    3. In case of dispute about expelling me from the service, I will accept Arbitration by Citizen-Jurors. I promise that I would resign if over 8 out 12 Jurors declare me misfit. I promise that if I am expelled by the Jurors, I will not complaint before a judge or Mayor or Minister or anyone else.

      __________________________
      (sign)

10.2 [Procedure for PM] The PM resign in 2 days or ill request all the existing Central Govt employee to sign the above contract.


Section   11   : Other Details
11.1 The rupee amount used in this text uses July-2000 price levels. The standing committee can adjust the amounts every six months using RBI’s Inflation Index.
11.2 If the officer does not execute a procedure or ignores an instruction Centrald in this Resolution/Act, a citizen can file a complaint before the Grand Jurors. In case there are is no Grand Jury, the citizens can appeal to the Mayor to setup a Grand Jury. But under this law, a citizen cannot complaint before Mayor, Corporators, PM, MLAs, PM, or MPs.
11.3 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


-----------------(end of the draft) -----------------