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Proposed   administrative   procedure
LM.05   :   Jury   System   over   Assembly's   Laws

Purpose : To reduce the chances that MLAs would make laws NOT acceptable to citizens.

    Contents
  1. Background
  2. Existing Law Making Process in Assembly
  3. Flaws in the existing law-making procedure
  4. Proposed changes in existing procedure
  5. FAQs on LM.04 (and LM.05, LM.06)
  6. Draft to enact LM.05
  7. How can LM.05 be enacted

Background

The purpose is to bring India's administration/courts at par with West. How? By improving record keeping in GoI-offices and reducing nexuses in GoI-offices and courts. How? We would need several laws to achieve that.

LM.05 is one of these proposed laws. (To see the list of some of the laws, please click here). The proposed law LM.05 will improve law-making at State Assembly level.


Existing Law Making Process in Assembly

To get a brief description of existing law-making procedure in the Assembly, please click here.



Flaws in the existing law-making procedure

There are several flaws, of which one specific flaw that LM.05 fixes is that many times, due to bribery/nexuses etc, MLAs make laws that would go against the interest the citizens, and citizens know about it, but are unable to stop the MLAs.


Proposed Solution : #LM.05 --- Jury Review over Laws made by Assembly

The procedures are as follows
  1. Once a Bill is passed by the Assembly, the CM will ask every District Collector to select 24 citizens at random from EACH of the Assembly Constituency and summon them within 7 days. (If the summoned citizens do not show up, they can be fined by a Grand Jury. I have described the procedures to impose fine here.)

  2. Of the 24 citizens from each ward who have arrived, the DC will select 12 citizens from each ward at random. This 12 citizens will form the Ward-Jury.

  3. The MLA who had sponsored the Bill in the Assembly can appoint a person per Ward-Jury, who would explain the law to the Jurors. In addition, the MLA of that Constituency may also appear to explain the law to the Jurors. Any citizen who wants to speak AGAINST the law, can submit his name to the Jurors. The Jurors via voting will select 1 person. Each of the 3 persons will explain the law for alternatively 1 hour each for at least 1 day, at most 3 days or when over 6 Jurors call for an end.

  4. At the end of the explanation, each Juror will declare if he supports the law or opposes it. If over 6 Jurors support the law, the law will declared as passed by that Constituency-Jury.

  5. If over 50% Constituency-Juries pass the law, then the CM will declare the law as passed, or else he will declare it as failed.

  6. For each law, the Constituency-Juror will be re-selected.

     Since the 100s of Jurors are chosen at random from lakhs of the citizens, it is almost guaranteed that thet are nexusless and thus will represent an undiluted, unadultered opinion of the citizenry. Thus in case the MLAs have made a law that damages the interests of the citizens, the citizens have an easy way to void that law, instead of resorting to mass agitation and disrupting the civic/personal lives.


FAQs on LM.05

For FAQs on LM.04, LM.05 and LM.06, please click here.


Draft for #LM.05

To enact the administrative procedure #LM.05 in a State, a law needs to be passed in the State Assembly. For the the EXACT Draft (Text) of the law, please click here.


How can citizens enact this procedure

     IMO, it would be wiser for the citizens/activists to first enact the procedure #LM.02 in a State, and then pass this draft.



Next - LM.06 : Jury over laws passed by Parliament