Constitution of Magdha
From Roach Busters
Chapter I
The State
The State
Article 1. Magdha is an independent, sovereign, social, indivisible, revolutionary, unitary, democratic State enjoying territorial integrity.
Article 2. The official name of Magdha is: "The Revolutionary People's State of Magdha."
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, and shall ensure that speculation, exploitation, and other actions inimical to the nation and the people are severely punished.
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. The State shall vigilantly guard against the acquisition of unwarranted foreign influences and protect the people from corruption by outsiders.
Article 28. 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 29. The separation of church and state shall be inviolable.
Article 30. The State shall ensure national unity by the inculcation of JList ideology, the promotion of Magdhan culture, the punishment of ideological diversity, the suppression of anti-democratic tendencies, and a system of comprehensive education that instills in the youth patriotism, loyalty to the nation and its people, and a strong sense of civic duty.
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.
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 head of state 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 designation 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 _____.
(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, 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 repeal 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) The President may pardon, commute, or reduce penalties.
Article 61. (1) The President may enter into and ratify international conventions, treaties, and agreements, and revoke Magdha's membership therein.
(2) The President 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) The President may authorize or refuse to authorize the deployment of foreign military personnel onto Magdhan territory.
(3) The President shall confer and revoke military ranks and decorations in accordance with conditions and procedures established by law.
Article 64.
