Constitution of Magdha
From Roach Busters
Promulgated on August 7, 2009
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Chapter II
National Territory
National Territory
Article 3. The national territory comprises the Magdhan subcontinent and all other territories over which Magdha has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
Chapter III
Citizenship
Citizenship
Article 4. Magdhan citizenship is acquired by birth or through naturalization.
Article 5. Magdhan citizens by birth are:
(a) those born in national territory, with the exception of the children of foreign persons at the service of their government or international organizations. In the case of the children of temporary foreign residents in the country, the law stipulates the requisites and formalities;
(b) those born abroad, one of whose parents at least is Magdhan and on an official mission;
(c) those born abroad, one of whose parents at least is Magdhan, who have complied with the formalities stipulated by law;
(d) those born outside national territory, one of whose parents at least is Magdhan and who lost their Magdhan citizenship, provided they apply for said citizenship according to the procedures stated by law.
Article 6: Magdhan citizens by naturalization are those foreigners who acquire Magdhan citizenship in accordance with the regulations established by law.
Article 7. Neither marriage nor its dissolution shall affect the citizenship status of either of the spouses or their children.
Article 8. Magdhans may not be deprived of their citizenship save for established legal causes. Nor may they be deprived of the right to change citizenship. Dual citizenship shall not be recognized.
Article 9. Magdhan citizenship may be regained in those cases and ways specified by law.
Chapter IV
Equality
Equality
Article 10. All Magdhans are born and remain free and equal in rights and duties. No person shall be above the law.
Article 11. (1) Social egalitarianism shall be inviolable. All forms of hierarchy and subordination are forever banned.
(2) All honorifics and social titles are forever banned. No term of address shall be permitted except for "Citizen" (when addressing a Magdhan) or the name of the person being addressed (when addressing either a Magdhan or a foreigner).
(3) For the purposes of this section, military ranks shall not be construed as a form of hierarchy.
Article 12. Discrimination on the basis of race, color, gender, language, national origin, age, religion, health, sexual orientation, physical or mental disability, or on any other basis, is prohibited and punishable by law.
Article 13. Men and women shall have the same rights in the economic, political, cultural, and social fields, as well as in the family.
Article 14. All religions shall be equal under the law.
Article 15. No preference, privilege, or special favor of any kind shall be granted to any individual or group.
Chapter V
Declaration of Principles and State Policies
Declaration of Principles and State Policies
Article 16. The governing principles of Magdha are: "Government of the people, by the people, and for the people" and "One for all and all for one."
Article 17. (1) No person owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law.
(2) The acts of those who usurp public office by unconstitutional means are nugatory.
Article 18. Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain fully accountable to the people.
Article 19. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are the prime duties of the State.
Article 20. The State shall promote social justice in all phases of national development.
Article 21. The State values the dignity of every human person and guarantees full respect for human rights.
Article 22. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
Article 23. The State shall develop a self-reliant and independent national economy effectively controlled by Magdhans.
Article 24. The State shall promote comprehensive rural development and agrarian reform.
Article 25. The State shall respect and encourage private enterprise to the fullest extent that is consistent with the public interest.
Article 26. The State shall promote and protect the material, social, and ideological well-being of the people and guarantee to everyone a healthy and safe environment propitious for the physical and spiritual development of all Magdhans.
Article 27. All activities having as their object the direct or indirect propagation or establishment of Communism in whatever form shall be contrary to the principles embodied in the present Constitution.
Article 28. The State shall adopt a single-party system. The National Movement for the Cultural and Social Revolution is the sole political party and it shall lead the State.
Article 29. The State shall pursue an independent foreign policy based on positive non-alignment, indiscriminate open-mindedness to the world, and non-interference in the internal affairs of other countries, and shall solemnly and fully adhere to the principles of international law which are not contrary to the exercise of national sovereignty or to the interests of the people.
Article 30. The separation of church and State shall be inviolable.
Chapter VI
Declaration of Rights
Declaration of Rights
Article 31. (1) Citizens enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration, provided it does not conflict with public order and the national interest.
(2) The manner of the exercise of the rights set out in the foregoing paragraph and adequate provisions to prevent and punish any abuse thereof shall be regulated by law.
(3) Groupings whose aims or activities are contrary to the law, and those that, even indirectly, pursue political objectives through organizations of a military, paramilitary or militarized character, secret organizations, and those with subversive ideologies shall be prohibited.
Article 32. (1) Citizens enjoy freedom of religious belief; they may practice or not practice a religion.
(2) No one may use religion as a pretext for drawing in foreign forces or for harming the state and social order.
Article 33. (1) No citizen may be arrested except with the approval or by decision of a procuratorate or by decision of a court, and arrests must be made by a public security organ; all accused shall be guaranteed the right to defense and the right to legal aid and counsel.
(2) The State shall make provision to ensure that justice shall not be denied owing to insufficient economic means.
(3) No one shall be sentenced for an act not considered a crime at the time when it was committed.
(4) The penal law shall apply retroactively only when beneficial to the accused.
(5) The accused shall be presumed to be innocent until a judicial decision is taken by the court.
(6) Preventive detention shall be permitted only in cases provided for by the law, which shall establish the limits and periods thereof. Any citizen subject to preventive detention shall be taken before a competent judge to legalize the detention and be tried within the period provided for by law or released.
(7) No citizen shall be arrested without being informed of the charge at the time of arrest.
(8) Any arrested citizen shall have the right to receive visits from family members and friends, and to correspond therewith, without prejudice to the conditions and restrictions provided for by law.
(9) Any citizen sentenced shall have the right to appeal to the competent court or to the People's Supreme Court against the judicial decision taken in accordance with the law.
(10) To prevent any abuse of power through imprisonment or illegal detention, a writ of habeas corpus may be presented to the competent legal court by the person concerned or any other citizen. The right to habeas corpus shall be regulated by law.
(11) Citizens shall have the right to contest and take legal action against any acts that violate their rights as set out in the present constitutional law and other legislation.
(12) No citizen may be subjected to torture or any other cruel, inhuman, or degrading treatment or punishment.
Article 34. The personal dignity of citizens is inviolable. Insult, libel, false accusation, or false incrimination directed against citizens by any means is prohibited.
Article 35. (1) The residences of citizens are inviolable. Unlawful search of, or intrusion into, a citizen's residence is prohibited.
(2) Freedom and privacy of correspondence of citizens are protected by law. No organization or individual may, on any ground, infringe upon citizens' freedom and privacy of correspondence, except in cases where, to meet the needs of state security or of criminal investigation, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.
Article 36. (1) All citizens have the right to circulate and likewise reside freely on the national territory, except in those cases prohibited by law for reasons of public health or public security.
(2) All citizens have the right to go abroad, except in the cases of restrictions by law for security, national defense, economic, financial reasons or in the public interest.
Article 37. (1) Every citizen has the right and the duty to work. Pay shall be equal for equal work.
(2) Every citizen who works shall be entitled to an equitable renumeration guaranteeing to him and to his family an existence consistent with his human dignity.
Article 38. (1) The State recognizes and guarantees the right of private property.
(2) The law shall fix the procedures of acquisition and enjoyment of the right of property so that every citizen may become a proprietor and in order to assure to the human person a worthy and free life, and at the same time to construct a prosperous society.
(3) In the circumstances prescribed by law and on the condition of compensation, the State may expropriate private property in the public interest.
Article 39. (1) Every citizen has the right to set up economic associations, provided the aim of such associations is not to establish illegal monopoly in order to engage in speculation and manipulation of the economy.
(2) The State shall encourage, and facilitate associations for the purpose of mutual aid, the intent of which is not speculation.
(3) The State does not recognize business monopoly except in cases determined by law for reasons of national defense, security or public utility.
Article 40. (1) The right to free trade unions and the right to strike are recognized and shall be exercised in conformity with the procedures and conditions prescribed by law.
(2) Public officials have no right to strike.
(3) The right to strike is not recognized in regard for the personnel and the workers in those activities related to national defense, public security or the needs indispensable to the life of the community.
(4) A law shall determine the branches of activities mentioned hereabove and guarantee to the personnel and workers of these branches a special status with the purpose of protecting the rights of the personnel and workers in those branches.
Article 41. (1) Citizens have the right to material assistance from the State and society when they are old, ill, homeless, or disabled. The state develops and provides for free social insurance, social relief, housing, and medical and health services that are required for citizens to enjoy this right.
(2) The State and society ensure the livelihood of disabled members of the armed forces and provide pensions to the families of martyrs.
(3) The State and society help make arrangements for the work, livelihood and education of the blind, deaf-mute and other handicapped citizens.
Article 42. Citizens have the duty as well as the right to receive education. The state shall provide education to all pupils and students free of charge and grant allowances to students of universities and colleges.
Article 43. Citizens have the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits which are not inimical to the public interest. The State encourages and assists creative endeavors conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art and other cultural work.
Article 44. Citizens, in exercising their freedoms and rights, may not infringe upon the interests of the State, of society, or upon the lawful freedoms and rights of other citizens.
Chapter VII
Patriotic Duties of Citizens
Patriotic Duties of Citizens
Article 45. It is the noble duty and obligation of every citizen to safeguard the political and ideological unity and solidarity of the people, support the Magdhan Revolution, defend the patrimony of the nation, and protect the national unity and integrity of the country.
Article 46. It is the noble duty and obligation of every citizen who is eligible to vote to participate in elections and to cast his vote.
Article 47. Citizens shall strictly observe the Constitution and all laws, and cooperate fully with the duly constituted authorities when called upon to do so.
Article 48. National defense is the supreme duty and honor of all able-bodied citizens. Citizens shall defend the country and serve in the armed forces as required by law.
Chapter VIII
The National Movement for the Cultural and Social Revolution
The National Movement for the Cultural and Social Revolution
Article 49. In Magdha there exists a single national institution, the National Movement for the Cultural and Social Revolution.
Article 50. (1) The National Movement for the Cultural and Social Revolution is the nation politically organized.
(2) The doctrine of the National Movement for the Cultural and Social Revolution is JLism.
(3) All Magdhans are members of the National Movement for the Cultural and Social Revolution by virtue of being Magdhans.
Article 51. The National Movement for the Cultural and Social Revolution shall be organized along democratic centralist lines.
Article 52. The organs of the National Movement for the Cultural and Social Revolution are:
(a) the President;
(b) the Congress;
(c) the Central Committee;
(d) the Political Bureau;
(e) the Executive Council;
(f) the Legislative Council; and
(g) the Judicial Council
Section I: The President
Article 53. (1) The President is the chief of state and the head of government of Magdha and represents the nation at home and abroad.
(2) He is the guarantor of the independence, national unity, and of the integrity and security of the territory.
(3) The President of Magdha is ex officio President of the National Movement for the Cultural and Social Revolution. He presides over the Congress, the Central Committee, the Political Bureau, the Executive Council, the Legislative Council, and the Judicial Council.
(4) The command-in-chief of the Armed Forces and the National Police is vested in him.
Article 54. (1) The President shall be elected for seven years by universal, direct, and secret suffrage. Any Magdhan who has attained the age of forty years and is a natural-born citizen in full enjoyment of his political and civic rights may be elected President.
(2) Nominations of candidates for election as President shall be called for at a meeting held by the Congress. The meeting shall be held at a time and place to be fixed by the Central Committee: Provided that the date so fixed shall be a date not less than one month and not more than three months before the termination of the period of office of the President then holding office. Every nomination shall be submitted in the form prescribed and shall be signed by twenty-five or more members of the Congress and also by the person nominated.
(3) All nominations shall be received and examined by the Central Committee on a date fifteen days before the meeting mentioned in subsection (2).
(4) The names of the candidates approved by the Central Committee shall be announced at the meeting mentioned in subsection (2). The Congress shall designate, by a vote of the majority of the members present, the candidate that will be presented to the electorate. No debate shall be allowed at the meeting. The candidate so designated shall be the only candidate presented to the electorate.
(5) After the Congress designates a candidate, a national plebiscite shall be held not sooner than ten days and not later than fifteen days after the date of the designation of the candidate.
(6) Each eligible voter shall cast a vote in favor of or against the candidate designated by the Congress. If a majority of voters vote in favor, then the candidate shall be deemed to be elected President, but if a majority of voters do not vote in favor, the Congress shall hold a second meeting, as provided for in subsections (2), (3), and (4). This process will be repeated as many times as is necessary until a designated candidate receives a majority of votes in favor by the electorate.
(7) Conditions of eligibility, of declaration of candidacy, of balloting, of the counting and proclamation of results shall be determined by law.
Article 55. Before taking office, the President shall swear before the nation an oath in the following form:
"I, ......... , do hereby swear to support the revolution, to defend the national honor, to maintain the inviolability of the national territory, to defend the people against all internal and external enemies, to uphold the Constitution and all laws, and to consecrate myself to the service of my people."
Article 56. (1) The duties of the President shall be terminated through resignation, death, permanent disability, or dismissal by the Central Committee.
(2) The Central Committee shall record the resignation; note the death or permanent disability; or pronounce the dismissal, in accordance with section 76.
(3) In all cases enumerated in subsection (1), the Central Committee shall inform the nation through a message.
(4) When the vacancy has been declared by the Central Committee, the duties and functions of the President shall be temporarily exercised by the eldest member of the Central Committee.
(5) Election of the new President shall take place not less than thirty and not more than sixty days after the vacancy occurs.
Article 56. (1) The President shall appoint and dismiss the First State Commissioner.
(2) He shall appoint and dismiss the other members of the Council of State Commissioners upon the recommendation of the First State Commissioner.
(3) He shall appoint and dismiss the officers of the Armed Forces and the National Police.
(4) He shall appoint and dismiss provincial governors, provincial vice-governors, commanding officers of Public Administration, heads of parastatal organizations, rectors of public universities, the Chairman of the Central Bank, the General-Secretary of the Magdhese Confederation of Labor, the members of the General Accounting Office, the justices and public prosecutors of the Supreme Revolutionary Court, and all other public officials as provided for by law.
(5) He shall receive and record the oath of members of the Central Committee, the Political Bureau, the Council of State Commissioners, the justices and prosecutors of the Supreme Revolutionary Court, provincial governors and vice-governors, members of the General Accounting Office, and officers of the Armed Forces and the National Police.
Article 57. (1) The President may initiate laws.
(2) He may, whenever the Revolutionary People's Assembly is not in session, and in case of emergency, pass by ordinance-law, provisions which he deems necessary and proper.
(3) He shall promulgate laws under conditions established by this Constitution.
Article 58. (1) The President may, at any time, suspend or dissolve the Revolutionary People's Assembly.
(2) In the case of suspension, such suspension shall not last longer than sixty days, after which the President must renew or revoke such suspension.
(3) In the case of dissolution of the Revolutionary People's Assembly, new elections thereto shall be held not later than sixty days after the date of such dissolution.
Article 59. The President shall guarantee the execution of the laws and shall create regulations for the National Police and Public Administration. He shall exercise this power through ordinances.
Article 60. (1) The President shall guarantee the independence of all courts and tribunals in and under Magdha and ensure the proper functioning thereof.
(2) He may pardon, commute, or reduce penalties.
Article 61. (1) The President shall exercise direction and supervision of the nation's foreign policy.
(2) He may enter into and ratify international conventions, treaties, and agreements, and revoke Magdha's membership therein.
(3) He shall appoint and accredit ambassadors, special emissaries, and other diplomatic envoys to to foreign nations, and receive and recognize ambassadors, special emissaries, and other diplomatic envoys accredited to Magdha.
Article 62. The President shall award medals, prizes, and gifts in accordance with conditions and procedures established by law.
Article 63. (1) The President shall have full power to declare war and to make peace, to authorize the deployment of the Armed Forces or the National Police or both within or without the territory of Magdha, and, if the security and survival of Magdha warrants, to authorize the use of nuclear weapons.
(2) He may allow or deny foreign military forces passage through Magdhan territory.
(3) The President shall confer and revoke military ranks and decorations in accordance with conditions and procedures established by law.
Article 64. (1) If serious circumstances imminently threaten the nation's independence or territorial integrity, or cause an interruption in the regular functioning of the institutions of the State, or jeopardize vital interests of the State, the President may proclaim a state of emergency or martial law.
(2) When martial law or a state of emergency has been proclaimed, the President shall be empowered to take any and all measures that, in his judgment, may be required by the circumstances. He may, namely, restrict the exercise of individual liberties and certain fundamental rights under conditions determined by him. He may also suspend in all or in part of the national territory and for the duration and for the infractions which he determines, the substitution of ordinary jurisdiction for that of military jurisdiction.
Article 65. (1) The President shall conduct and direct economic and financial policy. He shall formulate, direct, and implement National Development Plans.
(2) He shall manage the treasury, collect the public revenue and regulate the investments thereof, and publish the quarterly statement of income and expenditure of public revenue.
(3) He shall dictate extraordinary measures on economic and financial matters when required by the national interest.
(4) He shall exercise supervision and direction of banking institutions, insurance, and finance.
(5) He shall regulate, based on the national interest, the foreign capital investments and the remittance of profits.
(6) He shall have the right to mint coins and to issue paper money in execution of law.
(7) He shall dictate and promote the implementation of agrarian production and reform.
(8) He shall ensure harmony between capital and labor.
(9) He shall direct and support a policy of economic and social integration aimed at improving the living conditions of the people of Magdha.
Article 66. The person of the President is inviolable. Except in the case of deviationism, the President is not responsible for his acts accomplished in the exercise of his official functions.
Article 67. The President shall report to the country, at least once a year, on the administration and political condition of the State.
Article 68. The President shall have power to perform such other duties and exercise such other functions as required by law.
Section II: The Congress
Article 69. (1) The Congress is composed of members representing all the people in the nation.
(2) Their method of designation is fixed by the Central Committee.
Article 70. (1) Congress meets in ordinary sessions and extraordinary sessions when notified by the President.
(2) Ordinary sessions take place every five years. Extraordinary sessions take place every time there is a question of national interest.
Article 71. At each ordinary session of Congress, the President presents a report on the general situation of the affairs of the State.
Article 72. The organization, function, and execution of Congress's work is determined by its internal regulations.
Section III: The Central Committee
Article 73. (1) The Central Committee is the organization of conception, inspiration, orientation, and decision making of the National Movement for the Cultural and Social Revolution.
(2) It determines the fundamental options of the National Movement for the Cultural and Social Revolution and provides for the application of resolutions adopted by Congress.
(3) It exercises supervision and direction of elections of Congress.
(4) The organization, function, and execution of the Central Committee's work is determined by its internal regulations.
Article 74. The members of the Central Committee are named and, if the occasion arises, relieved of their functions, by the President.
Article 75. Each member of the Central Committee shall, before assuming his functions and duties, make and subscribe an oath before the President, who shall receive and record it.
Article 76. (1) The Central Committee is the depositorr and guarantor of JLism.
(2) The Central Committee is responsible for overseeing all actions, functions, and duties exercised by the President and determining whether said actions, functions, and duties are fully consistent with JLism.
(3) Inconsistency with JLism shall constitute deviationism. If accused of deviationism, the President shall be tried and examined by the Central Committee. Such accusation shall be invalid unless concurred in by every member of the Central Committee.
(4) Conviction of deviationism shall entail automatic loss of office, whereupon the vacancy shall be filled as provided for in section 55.
(5) The law determines cases of deviationism and the procedure to be followed when it concerns executives other than the President.
Article 77. (1) The Central Committee rules by decisions of the State.
(2) The State decisions oblige, depending on the case, the Legislative Council or the Executive Council to elaborate legislative or regulatory texts.
(3) The duties of a member of the Central Committee shall be terminated through resignation, death, permanent disability, or dismissal by the President.
Section IV: The Political Bureau
Article 78. (1) The Political Bureau is the permanent entity that controls the decisions of the National Movement for the Cultural and Social Revolution.
(2) The organization, function, and execution of the Political Bureau's work is determined by its internal regulations.
Article 79. The members of the Political Bureau are named and, if the occasion arises, relieved of their functions, by the President.
Article 80. Each member of the Political Bureau shall, before assuming his functions and duties, make and subscribe an oath before the President, who shall receive and record it.
Section V: The Executive Council
Article 81. (1) The Executive Council is the organ of the National Movement for the Cultural and Social Revolution charged with the execution of the laws and the implementation of the politics of the State.
(2) The Executive Council is presided over by the President.
Article 82. (1) The Executive Council is composed of the President and the Council of State Commissioners.
(2) The Council of State Commissioners is composed of the First State Commissioner and the State Commissioners.
(3) The First State Commissioner shall be appointed by the President.
(4) The State Commissioners shall be appointed by the President upon nomination by the First State Commissioner.
Article 83. Each member of the Council of State Commissioners shall, before assuming his functions and duties, make and subscribe an oath before the President, who shall receive and record it.
Article 84. (1) The President shall determine the general guidelines of policy. Within these limits each State Commissioner shall conduct the affairs of his department independently and on his own responsibility.
(2) The First State Commissioner shall:
a) coordinate the activities of the Council of State Commissioners;
b) resolve differences of opinion between State Commissioners;
c) supervise the conduct and efficiency of the Council of State Commissioners;
d) follow up and ensure the implementation of directives and decisions adopted by the Council of State Commissioners;
e) keep the President fully informed of the activities of the Council of State Commissioners;
f) conduct the procedings of the government in accordance with rules of procedure adopted by the Council of State Commissioners and approved by the President; and
g) discharge all other responsibilities entrusted to him by the President
Article 85. (1) The First State Commissioner and the Commissioners of State shall resign whenever the duties of the President shall terminate or in the event of vacancy created by resignation, definitive disability, or dismissal of the First State Commissioner by the President.
(2) In that event, the Council of State Commissioners shall expedite current business until a new First State Commissioner is appointed.
Section VI: The Legislative Council
Article 86. (1) The Legislative Council is the organ of the National Movement for the Cultural and Social Revolution charged with creating, overseeing, and elaborating laws.
(2) It consists of the President and the Revolutionary People's Assembly.
Article 87. (1) The Revolutionary People's Assembly consists of a single chamber.
(2) Its members are called "people's deputies."
(3) The consistuency of the people's deputies shall be national.
Article 88. (1) The Revolutionary People's Assembly shall consist of 600 people's deputies, of whom:
a) 400 shall be elected by secret, direct, universal suffrage in electoral districts determined by law; and
b) 200 shall be appointed by the President
(2) The 200 people's deputies appointed by the President shall consist of:
a) 50 women;
b) 50 members of ethnic minorities;
c) 50 members of religious minorities;
d) 10 representatives of the disabled and the elderly;
e) 10 representatives of capital and business;
f) 10 representatives of agriculture and labor;
g) 10 representatives of universities;
h) 10 representatives of Magdhans abroad
(3) With due regard to the provisions of subsection (2), the people's deputies appointed by the President shall be appointed by him acting in accordance with his own discretion.
Article 89. Any Magdhan who has attained the age of twenty-five years and is a natural-born citizen in full enjoyment of his political and civic rights may be elected or appointed to the Revolutionary People's Assembly.
Article 90. Conditions for presenting candidacy, rules on ineligibility, and procedures for electoral operations shall be determined by law.
Article 91. (1) The duration of the Revolutionary People's Assembly shall be five years, unless it is dissolved sooner by the President.
(2) The election of the new Revolutionary People's Assembly shall take place not less than thirty days and not more than sixty days before the expiration of the incumbent Revolutionary People's Assembly.
Article 92. The Revolutionary People's Assembly shall:
a) enact its own internal regulations and apply such sanctions as may be provided for thereunder;
b) pass on the qualifications of its members and take notice of their resignation;
c) organize its own internal security service;
d) pass and implement its budget of expenditures; and
e) implement resolutions concerning its own administrative organization and functioning
Article 93. (1) Immediately after the publication of the election results, the President shall convene the Revolutionary People's Assembly in an extraordinary session in order to verify and validate the powers of its members and to elect its Chairman.
(2) The Chairman of the Revolutionary People's Assembly is elected for the duration of the legislature. He can, however, be removed from office by a vote of at least two-thirds of the members of the Revolutionary People's Assembly.
(3) The Chairman shall preside over all sittings of the Revolutionary People's Assembly.
(4) Prior to or during the absence of the Chairman, the Revolutionary People's Assembly may choose a people's deputy to perform his duties in his absence.
Article 94. The mandate of a people's deputy may be terminated by death, resignation, permanent disability, unjustified absence from more than one-quarter of the meetings of one session, or if the people's deputy is ineligible as provided in the electoral law.
Article 95. (1) By right, the Revolutionary People's Assembly shall meet twice a year in ordinary session.
(2) The first session shall open the first Monday in February; the second, the first Monday in July.
(3) The session shall end, respectively, the first Monday in August and the firsty Monday in December, unless the agenda is completed sooner.
Article 96. The Revolutionary People's Assembly can be convened in extraordinary session at any time by the President. In such a case, the convening notice shall state the agenda for the session.
Article 97. The President shall pronounce cloture in ordinary sessions upon motion of the Chairman and in extraordinary session as soon as the Revolutionary People's Assembly has completed its agenda.
Article 98. The presence of at least one-third of the whole number of the people's deputies shall be necessary to constitute a meeting of the Revolutionary People's Assembly for the exercise of its powers.
Article 99. Questions arising in the Revolutionary People's Assembly shall be determined by a majority of votes other than that of the Chairman. The Chairman shall not vote unless the numbers are equal, and then he shall have a casting vote.
Article 100. (1) The initiating of laws shall be vested concurrently with the President and with each people's deputy.
(2) If a legislative bill or proposal has been declared urgent by the President, its examination shall be given top priority by the Revolutionary People's Assembly.
Article 101. The Revolutionary People's Assembly shall have power to make laws concerning:
i) trade and commerce with foreign powers;
ii) the collection of taxes;
iii) regulation of currency;
iv) bounties on the production or export of goods;
v) borrowing money on the public credit of the State;
vi) banking;
vii) bankruptcy and insolvency;
viii) foreign corporations;
ix) regulation of property; civil and commercial rights and obligations;
x) the right to work, union rights, and social security;
xi) invalid and old age pensions;
xii) transfer of private property and management of State property;
xiii) mutual insurance and savings;
xiv) the organization of production;
xv) education, including higher education;
xvi) public health;
xvii) regulation of transport and telecommunications;
xviii) the general organization of national defense;
xix) internal security;
xx) civil rights and civil and military obligations;
xxi) nationality, the status and capacity of persons, regulation of marriage, inheritance, and gifts;
xxii) immigration, emigration, and naturalization;
xxiii) the determination of infractions which entail penalties of imprisonment for longer than six months, amnesty, the creation of new jurisdictions, and the regulations of judges;
xxiv) organization of the bar, legal assistance, and representation;
xxv) fundamental guarantees accorded to State, civil, and military employees;
xxvi) the administration of regional entities, their authority, and their resources;
xxvii) regulation of the elections provided for in this Constitution;
xxviii) patents and copyrights;
xxix) uniform standards of measurement and calendar;
xxx) laws regulating the possession and bearing of arms;
xxxi) the creation of categories of public establishments; and
xxxii) all matters in respect of which the law makes provision until the Revolutionary People's Assembly decides otherwise
Article 102. (1) Budgetary laws shall determine the resources and obligations of the State.
(2) The law shall determine the objectives of State economic and social action. The plan shall be approved by law.
(3) Without prejudice to other provisions of this Constitution, matters which are not in the area of law are regulatory.
(4) The provisions of this article may be elaborated and completed by law.
Article 103. (1) In its July session, the Revolutionary People's Assembly shall vote on the budget.
(2) Any amendment to the budget entailing an increase in expenditure must provide the necessary ways and means. Any amendment entailing a reduction in revenue, which would create an imbalance in the budget must provide for a corresponding decrease in expenditures or for new revenue.
(3) If the budget bill for a term has not been presented in time to be promulgated before the beginning of that term, the President shall request the Revolutionary People's Assembly to open temporary credits. In the event the Revolutionary People's Assembly has not ruled within ten days on the opening of temporary credits, the provisions of the bill regarding credits shall be enacted by the President.
Article 104. (1) No bill shall become law unless the President has assented thereto and has signed it in token of such assent.
(2) A bill shall be presented to the President for assent when it has been passed by the Revolutionary People's Assembly.
(3) When a bill is presented to the President for assent, he shall declare that he assents or that he refuses assent thereto.
(4) Laws shall bear the State seal and they shall be published in the Official Journal.
(5) A law assented to by the President shall come into operation immediately upon its publication in the Official Journal.
Article 105. (1) No people's deputy may be prosecuted, arrested, held, or judged for his opinions or votes in the exercise of his functions.
(2) No people's deputy may be prosecuted or arrested without the authorization of the Revolutionary People's Assembly during a session or that of the Chairman out of session. In such case, the Chairman shall inform the Revolutionary People's Assembly at the next session.
(3) Detention or prosecution of a people's deputy shall be suspended if the Revolutionary People's Assembly demands it, but this suspension may not exceed the length of the current session.
Section VII: The Judicial Council
Article 106. (1) The Judicial Council is the organ of the National Movement for the Cultural and Social Revolution charged with administering justice in Magdha.
(2) It consists of the President and all courts and tribunals in and under Magdha.
Article 107. (1) The courts and tribunals shall consist of the Supreme Revolutionary Court, the Revolutionary Courts of Appeal, the Revolutionary Court of State Security, the Revolutionary Military Court, and People's Tribunals.
(2) The organization and authority of courts and tribunals, as well as the procedure to be followed, shall be established by law.
Article 108. (1) The mission of interpreting the law shall devolve upon the courts and tribunals.
(2) Judges shall enjoy independence in the exercise of their duties and functions, subject only to their consciences and to the law.
Article 109. Decrees and judgments as well as ordinances from courts and tribunals are signed by the President. The absence of such a signature shall render any decree, judgment, or ordinance null and void.
Article 110. The courts and tribunals shall apply the laws and customs: the latter only to the extent that they are in conformity with the laws and public order.
Article 111. (1) Without prejudice to other functions granted by this Constitution or by law, the Supreme Revolutionary Court shall take cognizance of appeals as to the constitutionality of laws and of acts with the force of law, as well as appeals as to the interpretation of this Constitution, appeals against decisions of last resort by courts and tribunals, appeals as to annulment of acts and decisions of central authorities of the State, as well as disputes arising from legislative elections.
(2) In case of remand after appeal, lower courts and tribunals must abide by the decree of the Supreme Revolutionary Court on the point of law judged by the latter.
Article 112. The Supreme Revolutionary Court shall give the President advisory opinions on public and private legislation or regulatory acts.
Article 113. The status of judges shall be established by law.
Chapter IX
Provincial and Local Government
Provincial and Local Government
Article 114. (1) Provinces, as well as other territorial entities and administrative divisions, shall be organized by law.
(2) Fundamental principles of their functions, authority, and resources shall be determined by law.
Article 115. Provincial and local governments shall have authority to establish laws, rules, ordinances, and decrees of an exclusively provincial or local nature, provided that said laws, rules, ordinances, or decrees are not inconsistent with this Constitution or detrimental to public order or public morality.
Article 116. (1) Magdha City shall be the capital of Magdha.
(2) The status, organization, and functioning of Magdha City shall be determined by law.
Chapter X
General Provisions
General Provisions
Article 117. (1) This Constitution shall be officially promulgated in English and all languages spoken by at least 250,000 Magdhans. In case of conflict, the English text shall prevail.
(2) Until otherwise provided by law, English, Thai, Tagalog, and Vietnamese shall be the official languages.
Article 118. The flag of Magdha shall consist of three vertical stripes of red, white, and red; the center stripe shall be defaced with the portrait of Generalissimo J.L. The proportions and other specifications of the flag shall be determined by law.
Article 119. The Revolutionary People's Assembly may, with the consent of the President, adopt a new national anthem or a new national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.
Chapter XI
Revision of the Constitution
Revision of the Constitution
Article 120. (1) Initiative for revision of the Constitution shall be vested with the President.
(2) The revision proposal shall be adopted by the Revolutionary People's Assembly by a four-fifths majority of its members.
(3) The President shall promulgate the adopted text in conformity with the conditions of this Constitution.
