Kingdom of Ladakh, Constitution I

PART I - FUNDAMENTAL PRINCIPLES

Section 1 (The Kingdom)

§1 The Kingdom of Ladakh is a sovereign, independent and unitary constitutional monarchy based on the rule of law, the will of the people and the respect for the dignity of the human person.
§2 November 28th 1975 is the Day of Proclamation of Independence of the Kingdom of Ladakh.

Section 2 (Sovereignty and constitutionality)

§1 Sovereignty rests with the People, who shall exercise it in the manner and form laid down in this Constitution.
§2 The State shall be subject to the Constitution and to the law.
§3 The validity of the laws and other actions of the State depend upon their compliance with the Constitution.
§4 The State shall recognize customary laws of the People of Ladakh, subject to the Constitution and to any legislation dealing specifically with customary law.

Section 3 (Citizenship)

§1 There shall be original citizenship and acquired citizenship in the Kingdom of Ladakh.
§2 The following citizens shall be considered original citizens of Ladakh, as long as they are born in the national territory:

Children of a father or mother born in Ladakh;
Children of incognito parents, stateless parents or parents of unknown nationality;
Children of a foreign father or mother who, being over seventeen years old, declare their will to become Ladakhi nationals.

§3 The following citizens shall be considered original citizens of Ladakh, even if they are born in a foreign country:

Children of a Ladakhi father or mother living overseas;
Children of a Ladakhi father or mother serving the State outside the country;

§4 Acquisition, loss and reacquisition of citizenship, as well as its registration and proof, shall be regulated by law.

Section 4 (Territory)

§1 The territory of the Kingdom of Ladakh comprises the land surface and the air space demarcated by the national boundaries that historically comprise the eastern dzongkhag of Leh and the western dzongkhag of Kargil, including the Siachen Glacier and Demchok.
§2. The State shall not alienate any part of the Ladakhi territory or the rights of sovereignty over the land, without prejudice to rectification of borders.

Section 5 (Decentralisation)

The law shall determine and establish the characteristics of the different territorial levels and the administrative competencies of the respective organs.

Section 6 (Objectives of the State)

The fundamental objectives of the State shall be:

To defend and guarantee the sovereignty of the country;
To guarantee and promote fundamental rights and freedoms of the citizens and the respect for the principles of the democratic State based on the rule of law;
To defend and guarantee political democracy and participation of the People in the resolution of national problems;

To guarantee the development of the economy and the progress of science and technology;
To promote the building of a society based on social justice, by establishing material and spiritual welfare of the citizens;
To protect the environment and to preserve natural resources;
To assert and value the personality and the cultural heritage of the Ladakhi People;
To promote the establishment and the development of relations of friendship and co-operation among all Peoples and States;
To promote the harmonious and integrated development of the regions and the fair distribution of the national product;
To promote an effective equality of opportunities between women and men.

Section 7 (Universal Suffrage and multi-party system)

§1 The People shall exercise the political power through universal, free, equal, direct, secret and periodic suffrage and through other forms laid down in the Constitution.
§2 The State shall value the contribution of political parties for the organised expression of the popular will and for the democratic participation of the citizen in the governance of the country.

Section 8 (International Relations)

§1 On matters of international relations the Kingdom of Ladakh shall govern itself by the principles of national independence; the right of the Peoples to self-determination and independence; the protection of human rights; the mutual respect for sovereignty, territorial integrity and equality among States; and the non-interference in domestic affairs of other States.
§2 The Kingdom of Ladakh shall establish relations of friendship and co-operation with all other peoples, aiming at the peaceful settlement of conflicts, the establishment of a system of collective security, and the establishment of a new international economic order capable of ensuring peace and justice in the relations among Peoples.
§3 The Kingdom of Ladakh shall maintain special ties of friendship and co-operation with its neighbouring countries of the Himalayan Mountains.

Section 9 (International Law)

§1. The legal system of Ladakh shall adopt the general or customary principles of international law.
§2. Rules provided for in international conventions, treaties and agreements shall apply in the internal legal system of Ladakh following their approval, ratification or accession by the respective competent organs and after publication in the official gazette.
§3. All rules that are contrary to the provisions of international conventions, treaties and agreements applied in the internal legal system of Ladakh shall be invalid.

Section 10 (Solidarity)

The Kingdom of Ladakh shall grant political asylum, in accordance with the law, to foreigners persecuted as a result of their struggle for national and social liberation, and in the defence of human rights, democracy and peace.

Section 11 (Relationship between the State and Religious Denominations)

§1. The Bön school of the Dharma shall be the official religion of the State.
§2. The State shall respect the different religious denominations, which are free in their organisation and in the exercise of their own activities, to take place in due observance of the Constitution and the law.
§3. The State shall promote the cooperation with the different religious denominations that contribute to the well-being of the people of Ladakh.
§4. The religious denominations have the right to possess and to acquire assets for the achievement of their objectives.

Section 12 (Official Languages and Capital)

§1.Ladakhi, Hindi, and Punjabi shall be the official languages in the Kingdom of Ladakh.
§2. The capital of the Kingdom of Ladakh shall be the city of Leh.

Section 13 (National Symbols)

§1. The national symbols of the Kingdom of Ladakh shall be the flag, the emblem and the national anthem.
§2. The national anthem shall be approved by law.

Section 14 (National Flag and Emblem)

§1. The National Flag is rectangular and is divided in half vertically. The hoist is sky blue and the fly is green. Centered in the flag is a Brahma kamal blossom with white petals and golden tentacles.
§2. The colors mean:

Sky blue – the overarching sky.
Green – the produce of the land.
Yellow – the golden treasure that is the Dharma.
White – the peace achieved by those who observe the Dharma.

§3. The National Emblem is emblazoned as follows:
- on a circle, party per pale sky blue and green, a Brahma kamal blossom or and argent.
- for a crest, a black crane’s head couped to the dexter.
- for supporters, on a grassy mound covered with snow, two markhors proper rampant guardant.
- all in front of a Himalayan cedar proper.

PART II - FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES

TITLE I - GENERAL PRINCIPLES

Section 15 (Universality and Equality)

§1. All citizens are equal before the law, shall exercise the same rights and shall be subject to the same duties.
§2. No one shall be discriminated against on grounds of colour, race, marital status, gender, ethnical origin, social or economic status, political or ideological convictions, religion, education and physical or mental condition.

Section 16 (Child Protection)

§1. Children shall be entitled to special protection by the family, the community and the State, particularly against all forms of abandonment, discrimination, violence, oppression, sexual abuse and exploitation.
§2. Children shall enjoy all rights that are universally recognised, as well as all those that are enshrined in international conventions normally ratified or approved by the State.
§3. Every child born in or outside of wedlock shall enjoy the same rights and social protection.

Section 17 (Youth)

§1. The State shall promote and encourage youth initiatives towards the consolidation of national unity, reconstruction, defence and development of the country.
§2. The State shall promote education, health and vocational training for the youth as may be practicable.

Section 18 (The Elderly)

§1. Every elderly citizen has the right to special protection by the State.
§2. The policy for the elderly entails measures of an economic, social and cultural nature designed to provide the elderly with opportunities for personal achievement through active and meaningful participation in the community.

Section 19 (The Disabled)

§1. A disabled citizen shall enjoy the same rights and shall be subject to the same duties as all other citizens, except for the rights and duties which he or she is unable to exercise or fulfil due to his or her disability.
§2. The State shall promote the protection of disabled citizens as may be practicable and in accordance with the law.

Section 20 (Ladakhi Citizens Overseas)

Ladakhi citizens who are or live overseas shall enjoy protection by the State for the exercise of their rights and shall be subject to duties not incompatible with their absence from the country.

Section 21 (Interpretation of Fundamental Rights)

Fundamental rights enshrined in the Constitution shall not exclude any other rights provided for by the law.

Section 22 (Restrictive Laws)

§1. Restriction of rights, freedoms and guarantees can only be imposed by law in order to safeguard other constitutionally protected rights or interests and in cases clearly provided for by the Constitution.
§2. Laws restricting rights, freedoms and guarantees have necessarily a general and abstract nature and may not reduce the extent and scope of the essential contents of constitutional provisions and shall not have a retroactive effect.

Section 23 (State of Exception)

§1. Suspension of the exercise of fundamental rights, freedoms and guarantees shall only take place if a state of siege or a state of emergency has been declared as provided for by the Constitution.
§2. A state of siege or a state of emergency shall only be declared in case of effective or impending aggression by a foreign force, of serious disturbance or threat of serious disturbance to the democratic constitutional order, or of public disaster.
§3. A declaration of a state of siege or a state of emergency shall be substantiated, specifying rights, freedoms and guarantees the exercise of which are to be suspended.
§4. A suspension shall not last for more than thirty days, without prejudice of possible justified renewal, when strictly necessary, for equal periods of time.
§5. In no case shall a declaration of a state of siege affect the right to life, physical integrity, citizenship, non-retroactivity of the criminal law, defence in a criminal case and freedom of conscience and religion.
§6. Authorities shall restore constitutional normality as soon as possible.

Section 24 (Access to Courts)

§1. Access to courts is guaranteed to all for the defence of their legally protected rights and interests.
§2. Justice shall not be denied for insufficient economic means.

Section 25 (Ombudsman)

§1.. The Ombudsman shall be an independent organ in charge of examining and seeking to satisfy citizens’ complaints against public bodies, certifying the conformity of the acts with the law, and preventing and initiating the whole process to remedy injustice.
§2. Citizens may present complaints concerning acts or omissions on the part of public bodies to the Ombudsman, who shall undertake a review, without power of decision, and shall forward recommendations to the competent organs as deemed necessary.
§3. The Ombudsman shall be appointed by the Chi Tshog through absolute majority votes of its members for a term of office of four years.
§4. The activity the Ombudsman shall be independent from any means of grace and legal remedies as laid down in the Constitution and the law.
§5. Administrative organs and public servants shall have the duty to collaborate with the Ombudsman.

Section 26 (Right to Resistance and Self-defence)

§1. Every citizen has the right to disobey and to resist illegal orders or orders that affect their fundamental rights, freedoms and guarantees.
§2. The right to self-defence is guaranteed to all, in accordance with the law.

TITLE II - PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 27 (Right to Life)

§1. Human life is inviolable.
§2. The State shall recognise and guarantee the right to life.
§3. There shall be no death penalty in the Kingdom of Ladakh.

Section 28 (Right to Personal Freedom, Security and Integrity)

§1. Every one has the right to personal freedom, security and integrity.
§2. No one shall be arrested or detained, except under the terms clearly provided for by applicable law, and the order of arrest or detention should always be presented for consideration by the competent judge within the legal timeframe.
§3. Every individual who loses his or her freedom shall be immediately informed, in a clear and precise manner, of the reasons for his or her arrest or detention as well as of his or her rights, and allowed to contact a lawyer, directly or through a relative or a trusted person.
§4. No one shall be subjected to torture and cruel, inhuman or degrading treatment.

Section 29 (Application of criminal law)

§1. No one shall be subjected to trial, except in accordance with the law.
§2. No one shall be tried and convicted for an act that does not qualify in the law as a criminal offence at the moment it was committed, nor endure security measures the provisions of which are not clearly established in previous law.
§3. Penalties or security measures not clearly provided for by law at the moment the criminal offence was committed shall not be enforced.
§4. No one shall be tried and convicted for the same criminal offence more than once.
§5. Criminal law shall not be enforced retroactively, except if the new law is in favour of the accused.
§6. Anyone who has been unjustly convicted has the right to a fair compensation in accordance with the law.

Section 30 (Limits on Sentences and Security Measures)

§1. There shall be no life imprisonment nor sentences or security measures lasting for unlimited or indefinite period of time in the Kingdom of Ladakh.

§2. In case of danger as a result of mental illness, security measures may be successively extended by judicial decision.
§3. Criminal liability is not transmissible.
§4. Persons who are subjected, on conviction, to a sentence or a security measure involving loss of freedom remain entitled to their fundamental rights, subject to the limitations that necessarily derive from that conviction and from the requirements for its enforcement.

Section 31 (Habeas corpus)

§1. Everyone who illegally loses his or her freedom has the right to apply for habeas corpus.
§2. An application for habeas corpus shall be made by the detainee or by any other person in the exercise of his or her civil rights, in accordance with the law.
§3. The court shall rule on the application for habeas corpus within eight days at a hearing in the presence of both parties.

Section 32 (Guarantees in Criminal Proceedings)

§1. Everyone charged with an offence is presumed innocent until convicted.
§2. An accused person has the right to select, and be assisted by, a lawyer at all stages of the proceedings and the law shall determine the circumstances for which the presence of the lawyer is mandatory.
§3. Every individual is guaranteed the inviolable right of hearing and defence in criminal proceedings.
§4. Evidence is of no effect if obtained by torture, coercion, infringement of the physical or moral integrity of the individual, or wrongful interference with private life, the home, correspondence or other forms of communication.

Section 33 (Extradition and Expulsion)

§1. Extradition shall only take place following a court decision.
§2. Extradition on political grounds is prohibited.
§3. Extradition in respect of offences punishable, under the law of the requesting State, by death penalty or life imprisonment or whenever there are grounds to assume that the person to be extradited may be subjected to torture and inhuman, degrading and cruel treatment, shall not be permitted.
§4. A Ladakhi national shall not be expelled or expatriated from the national territory.

Section 34 (Right to Honor and Privacy)

Every individual has the right to honour, good record and reputation, protection of his or her public image and privacy of his or her personal and family life.

Section 35 (Inviolability of Home and Correspondence)

§1. Any person's home and the privacy of his or her correspondence and other means of private communication are inviolable, except in cases provided for by law as a result of criminal proceedings.
§2. A person's home shall not be entered against his or her will, except under the written order of a competent judicial authority and in the cases and manner prescribed by law.
§3. Entry into any person's home at night against his or her will is clearly prohibited, except in case of serious threat to life or physical integrity of somebody inside the home.

Section 36 (Protection of Personal Data)

§1. Every citizen has the right to access personal data stored in a computer system or entered into mechanical or manual records regarding him or her, and he or she may require correction and up-date thereof and has the right to know their purpose.
§2. The law shall determine the concept of personal data, as well as the conditions applicable to the processing thereof.
§3. The processing of personal data on private life, political and philosophical convictions, religious faith, party or trade union membership and ethnical origin, without the consent of the interested person, is prohibited.

Section 37 (Family, Marriage and Maternity)

§1. The State shall protect the family as the society’s basic unit and a condition for the harmonious development of the individual.
§2. Every one has the right to establish and live in a family.
§3. Marriage shall be based upon free consent by the parties and on terms of full equality of rights between spouses, in accordance with the law.
§4. Maternity shall be dignified and protected, and special protection shall be guaranteed to all women during pregnancy and after delivery and working women shall have the right to be exempted from the workplace for an adequate period before and after delivery, without loss of remuneration or any other benefits, in accordance with the law.

Section 38 (Freedom of Speech and Information)

§1. Every citizen has the right to freedom of speech and the right to inform and be informed impartially.
§2. The exercise of freedom of speech and information shall not be limited by any sort of censorship.
§3. The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Constitution and the dignity of the human person.

Section 39 (Freedom of the Press and Mass Media)

§1. Freedom of the press and other mass media is guaranteed.
§2. Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of broadcasting.
§3. The monopoly on the mass media shall be prohibited.
§4. The State shall guarantee the freedom and independence of the public mass media from political and economic powers.
§5. The State shall guarantee the existence of a public radio and television service that is impartial in order to, inter alia, protect and disseminate the culture and the traditional values of the Kingdom of Ladakh and guarantee opportunities for the expression of different lines of opinion.
§6. Radio and television stations shall operate only under a licence, in accordance with the law.

Section 40 (Freedom to Assemble and Demonstrate)

§1. Every citizen is guaranteed the freedom to assemble peacefully and unarmed, without a need for prior authorisation.
§2. Everyone is recognised the right to demonstrate in accordance with the law.

Section 41 (Freedom of Association)

§1. Every citizen shall enjoy freedom of association provided that the association is not intended to promote violence and is in accordance with the law.
§2. No one shall be compelled to join an association or to remain in it against his or her will.
§3. The establishment of armed, military or paramilitary associations, including organisations of a racist or xenophobic nature or that promote terrorism, shall be prohibited.

Section 42 (Freedom of Movement)

§1. Every citizen has the right to move freely and to settle anywhere in the national territory.
§2. Every citizen is guaranteed the right to emigrate freely and to return to the country.

Section 43 (Freedom of Conscience, Religion and Worship)

§1. Every person is guaranteed the freedom of conscience, religion and worship and the religious denominations are separated from the State.
§2. No one shall be persecuted or discriminated against on the basis of his or her religious convictions.
§3. The right to be a conscientious objector shall be guaranteed in accordance with the law.
§4. Freedom to teach any religion in the framework of the respective religious denomination is guaranteed.

Section 44 (Right to Political Participation)

§1. Every citizen has the right to participate in the political life and in the public affairs of the Kingdom, either directly or through democratically elected representatives.
§2. Every citizen has the right to establish and to participate in political parties.
§4. The establishment and organisation of political parties shall be regulated by law.

Section 45 (Right to Vote)

§1. Every citizen over the age of eighteen has the right to vote and to be elected.
§2. The exercise of the right to vote is personal and constitutes a civic duty.

Section 46 (Right to Petition)

Every citizen has the right to submit, individually or jointly with others, petitions, complaints and claims to organs of sovereignty or any authority for the purpose of defending his or her rights, the Constitution, the law or general interests.

Section 47 (Defence of Sovereignty)

§1. Every citizen has the right and the duty to contribute towards the defence of the independence, sovereignty and territorial integrity of the Kingdom.

&2. Serving in the military shall take place in accordance with the law.

TITLE III - ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES

Section 48 (Right to Work)

§1. Every citizen, regardless of gender, has the right and the duty to work and to choose freely his or her profession.
§2. The worker has the right to labor safety and hygiene, remuneration, rest and vacation.
§3. Dismissal without just cause or on political, religious and ideological grounds is prohibited.
§4. Compulsory work, without prejudice to the cases provided for under penal legislation, is prohibited.

§5. The State shall promote the establishment of co-operatives of production and shall lend support to household businesses as sources of employment.

Section 49 (Right to Strike and Prohibition of Lock-out)

§1. Every worker has the right to resort to strike, the exercise of which shall be regulated by law.
§2. The law shall determine the conditions under which services are provided, during a strike, that are necessary for the safety and maintenance of equipment and facilities, as well as minimum services that are necessary to meet essential social needs.
§3. Lock-out is prohibited.

Section 50 (Trade Union Freedom)

§1. Every worker has the right to form or join trade unions and professional associations in defence of his or her rights and interests.
§2. Trade union freedom is sub-divided, namely, into freedom of establishment, freedom of membership and freedom of organisation and internal regulation.
§3. Trade unions and trade union associations shall be independent of the State and the employers.

Section 51 (Consumer Rights)

§1. Consumers have the right to goods and services of good quality, to truthful information and protection of their health, safety and economic interests, and to reparation for damages.
§2. Advertising shall be regulated by law, and all forms of concealed, indirect or misleading advertising are prohibited.

Section 52 (Right to Private Property)

§1. Every individual has the right to private property and can transfer it during his or her lifetime or on death, in accordance with the law.
§2. Private property should not be used to the detriment of its social purpose.
§3. Requisitioning and expropriation of property for public purposes shall only take place following compensation in accordance with the law.
§4. Only citizens of the Kingdom have the right to ownership of land.

Section 53 (Obligations of the Taxpayer)

Every citizen with a certified income has the duty to pay tax in order to contribute to public revenues.

Section 54 (Social Security and Assistance)

§1. Every citizen is entitled to social assistance and security in accordance with the law.
§2. The State shall promote, in accordance with its national resources, the establishment of a social security system.
§3. The State shall support and supervise the activity and functioning of institutions of social solidarity and other non-profit institutions of recognised public interest, in accordance with the law.

Section 55 (Health)

§1. The State shall recognise the right of every citizen to health and medical care.
§2. The State shall promote the establishment of a national health service that is universal and general. The national health service shall be free of charge in accordance with the possibilities of the State and in conformity with the law.
§3. The national health service shall have, as much as possible, a decentralised participatory management.

Section 56 (Housing)

Everyone has the right to a house, both for himself or herself and for his or her family, of adequate size that meets satisfactory standards of hygiene and comfort and preserves personal intimacy and family privacy.

Section 57 (Education and Culture)

§1. The State shall recognise and guarantee that every citizen has the right to education and culture, and it is incumbent upon it to promote the establishment of a public system of universal and compulsory basic education that is free of charge in accordance with its possibilities and in conformity with the law.
§2. Everyone has the right to equal opportunities for education and vocational training.
§3. The State shall recognise and supervise private and co-operative education.
§4. The State should ensure the access of every citizen, in accordance to their abilities, to the highest levels of education, scientific research and artistic creativity.
§5. Everyone has the right to cultural enjoyment and creativity and the duty to preserve, protect and value cultural heritage.

Section 58 (Intellectual Property)

The State shall guarantee and protect the creation, production and commercialization of literary, scientific and artistic work, including the legal protection of copyrights.

Section 59 (Environment)

§1. Everyone has the right to a humane, healthy, and ecologically balanced environment and the duty to protect it and improve it for the benefit of the future generations.
§2. The State shall recognize the need to preserve and rationalize natural resources.
§3. The State should promote, in accordance with its capacities, actions aimed at protecting the environment and safeguarding the sustainable development of the economy.

PART III - ORGANIZATION OF POLITICAL POWER

TITLE I - GENERAL PRINCIPLES

Section 60 (Source and Exercise of Political Power)

Political power belongs to the people and is exercised in accordance with the terms of the Constitution.

Section 61 (Participation by Citizens in Political Life)

§1. Direct and active participation by men and women in political life is a requirement of, and a fundamental instrument for consolidating, the democratic system.
§2. The law shall promote equality in the exercise of civil and political rights and non-discrimination on the basis of gender for access to political positions.

Section 62 (Principle of Renewal)

No one shall hold any political office for life, or for indefinite periods of time.

Section 63 (Elections)

§1. Elected organs of sovereignty and of local government shall be chosen by free, direct, secret, personal and regular universal suffrage.
§2. Registration of voters shall be compulsory and officially initiated, single and universal, to be up-dated for each election.
§3. Electoral campaigns shall be governed in accordance with the following principles:

Freedom to canvass;
Equality of opportunity and treatment for all candidacies;
Impartiality towards candidacies on the part of public bodies;
Transparency and supervision of electoral expenses.

§4. Conversion of the votes into mandates shall observe the principle of proportional representation;
§5. The electoral process shall be regulated by law.

Article 64 (Referendum)

§1. Voters who are registered in the Kingdom may be called upon to express their opinions in a referendum on issues of relevant national interest.
§2. A referendum shall be called by the King of Ladakh, following a proposal by one third, and deliberation approved by a two thirds majority, of the Members of the Chi Tshog, or following a well-founded proposal by the Government.
§3. Matters falling under the exclusive competence of the Royal Family, the Parliament, the Government and the Courts as defined by the Constitution shall not be the subject of a referendum.
§4. The process of a referendum shall be defined by law.

Section 65 (Organs of Sovereignty)

The organs of sovereignty shall comprise the King of Ladakh, the Chi Tshog, the Government and the Courts.

Section 66 (Incompatibilities)

§1. The holding of the offices of Speaker of the Chi Tshog; President of the Supreme Court of Justice; President of the High Administrative, Tax and Audit Court; Attorney-General; and member of Government shall be incompatible with one another.
§2. The law shall define other incompatibilities.

Section 67 (Principle of Separation of Powers)

Organs of sovereignty, in their reciprocal relationship and the exercise of their functions, shall observe the principle of separation and interdependence of powers established in the Constitution.

Section 68 (Political Parties and the Right of Opposition)

§1. Political parties shall participate in organs of political power in accordance with their democratic representation based on direct and universal suffrage.
§2. The right of political parties to democratic opposition, as well as the right to be informed regularly and directly on the progress of the main issues of public interest, shall be recognised.

Section 69 (Administrative Organisations)

The central government shall be represented at the different administrative levels of the Kingdom.

Article 70 (Local Government)

§1. Local government is constituted by corporate bodies vested with representative organs, with the objective of organising the participation by citizens in solving the problems of their own community and promoting local development without prejudice to the participation by the State.
§2. The organisation, competence, functioning and composition of the organs of local government shall be defined by law.

Section 71 (Publication of Legislation and Decisions)

§1. Legislation and decisions shall be published by the organs of sovereignty in the official gazette.
§2. Failure to publish any of the legislation or decisions specified in §1 above or decisions of a general nature taken by the organs of sovereignty or local government shall render them null and void.
§3. The form of publication of other legislation and decisions, and the consequences of the failure to do so, shall be determined by law.

TITLE II - KING OF LADAKH

CHAPTER I - STATUS

Section 74 (Definition)

§1. The King of Ladakh is the Head of State and the symbol and guarantor of national independence and the unity of the State and of the smooth functioning of democratic institutions.
§2. The King of Ladakh is the Supreme Commander of the Defense Force.

Section 75 (Accession to the Throne and Oath)

§1. Upon accession to the throne, the King of Ladakh shall be sworn in by the Speaker of the Chi Tshog and shall be inaugurated in public ceremony before the members of the Chi Tshog and the representatives of the other organs of sovereignty.
§2. The swearing of the oath shall take place on the eighth day following the death of the King.
§3. At the swearing-in ceremony, the King of Ladakh shall take the following oath:

"In accordance with the Dharma precept of truthful speech and mindful of the consequences of false speech, I solemnly swear on my honour to respect and enforce the Constitution and the laws and dedicate all my energies to the defense and consolidation of independence and national unity."

Section 76 (Incompatibilities)

The King of Ladakh shall not hold any other political position or public office at the national level, and under no circumstances shall he or she undertake private assignments.

Section 77 (Criminal liability and Constitutional Obligations)

§1. The King of Ladakh shall enjoy immunity in the exercise of his functions.
§2. The King of Ladakh shall not be answerable in a court of law for His actions and His person shall be sacred.

Section 78 (Absence)

§1. The King of Ladakh shall not be absent from the Kingdom without the previous consent of the Chi Tshog or of its Standing Committee, if the Chi Tshog is in recession.
§2. The King of Ladakh's private visits not exceeding fifteen days shall not require the consent of the Chi Tshog. Nonetheless, the King of Ladakh should notify the Chi Tshog of such visits in advance.

Section 79 (Death, Abdication or Permanent Disability)

§1. The King of Ladakh may abdicate by a message addressed to the Chi Tshog.
§2. Abdication shall take effect once the message is made known to the Chi Tshog without prejudice to its subsequent publication in the official gazette.
§3. In case of death, abdication or permanent disability of the King of Ladakh, and in the absence of or minority of the Crown Prince, his functions shall be taken over on an interim basis by the Speaker of the Chi Tshog, who shall be sworn in by the Chief Justice before the Members of the Chi Tshog and representatives of the organs of sovereignty.
§4. Permanent disability shall be declared by the Supreme Court of Justice, which shall also have the responsibility to confirm the death of the King of Ladakh and the vacancy of office resulting therefrom.

Section 80 (Replacement and Interim Office)

§1. During temporary impediment of the King of Ladakh, his functions shall be taken over by the Crown Prince, unless he be in his minority, in which case by the Speaker of the Chi Tshog.
§2. The parliamentary mandate of the Speaker of the Chi Tshog shall be automatically suspended over the period of time in which he or she fulfills the functions of the King of Ladakh on an interim basis.

CHAPTER II - COMPETENCIES

Section 81 (Competencies)

It is exclusively incumbent upon the King of Ladakh:

To promulgate statutes and order the publication of resolutions by the Chi Tshog approving agreements and ratifying international treaties and conventions;
Exercise competencies inherent to the functions of Supreme Commander of the Defense Force;
To exercise the right of veto regarding any statutes within 30 days from the date of their receipt;
To appoint and swear in the Prime Minister designated by the party or alliance of parties with the highest number of members after consultation with political parties sitting in the Chi Tshog;
To request the Supreme Court of Justice to undertake preventive appraisal and abstract review of the constitutionality of the rules, as well as verification of unconstitutionality by omission.
To submit relevant issues of national interest to a referendum as laid down in Section 64;
To declare the state of siege or the state of emergency following authorisation of the Chi Tshog, after consultation with the Council of State, the Government and the Supreme Council of Defence and Security;
To declare war and make peace following a Government proposal, after consultation with the Council of State and the Supreme Council of Defence and Security under authorisation of the Chi Tshog;
To grant pardons and commute sentences after consultation with the Government;
To award honorary titles, decorations and merits in accordance with the law.

Section 82 (Competencies with Regard to other Organs)

It is incumbent upon the King of Ladakh, with regard to other organs:

To chair the Supreme Council of Defence and Security;
To chair the Council of State;
To set dates for legislative elections in accordance with the Law;
To request the convening of extraordinary sessions of the Chi Tshog, whenever imperative reasons of national interest so justify;
To address messages to the Chi Tshog and the People;
To dissolve the Chi Tshog in case of a serious institutional crisis preventing the formation of a government or the approval of the State Budget and lasting more than sixty days, after consultation with political parties sitting in the Chi Tshog and with the Council of State, on pain of rendering the dissolution null and void, taking into consideration provisions of Section 93;
To dismiss the Government and remove the Prime Minister from office after the Chi Tshog has rejected his or her programme for two consecutive times.
To appoint, swear in and remove Government Members from office, following a proposal by the Prime Minister;
To appoint two members for the Supreme Council of Defence and Security;
To appoint the President of the Supreme Court of Justice and swear in the President of the High Administrative, Tax and Audit Court;
To appoint the Attorney-General for a term of four years;
To appoint and dismiss the Deputy Attorney-Generals;
To appoint and dismiss, following proposal by the Government, the General Chief of Staff of the Defense Force, the Deputy General Chief of Staff of the Defense Force, and the Chiefs of Staff of the Defense Force, after consultation with the General Chief of Staff regarding the latter two cases;
To appoint five Members for the Council of State;
To appoint one member for the Superior Council the Judiciary and for the Superior Council for the Public Prosecution.

Section 83 (Competencies with Regard to International Relations)

It is incumbent upon the King of Ladakh, in the field of international relations:

To appoint and dismiss ambassadors, permanent representatives and special envoys, following proposal by the Government;
To receive credential letters and accredit foreign diplomatic representatives;
Conduct, in consultation with the Government, any negotiation process towards the completion of international agreements in the field of defense and security.

Section 84 (Promulgation and Veto)

§1. Within thirty days after receiving any statute from the Chi Tshog for the purpose of its promulgation as law, the King of Ladakh shall either promulgate the statute or exercise the right of veto, in which case he, based on substantive grounds, shall send a message to the Chi Tshog requesting a new appraisal of the statute.
§2. If, within ninety days, the Chi Tshog confirms its vote by an absolute majority of its Members in full exercise of their functions, the King of Ladakh shall promulgate the statute within eight days after receiving it.
§1. However, a majority of two-thirds of the Members present shall be required to ratify statutes on matters provided for in Section 90 where that majority exceeds an absolute majority of the Members in full exercise of their functions.
§1. Within forty days after receiving any statute from the Government for the purpose of its promulgation as law, the King of Ladakh shall either promulgate the instrument or exercise the right of veto, by way of a written communication to the Government containing the reasons for the veto.

Section 85 (Powers of in the absence of the King of Ladakh)

When functioning in the absence of the King, the Speaker of the Chi Tshog does not have any of the powers specified in Section 86, #6-#15.

CHAPTER III - COUNCIL OF STATE

Section 86 (Council of State)

§1. The Council of State is the political advisory body of the King of Ladakh and shall be headed by him.
§2. The Council of State shall comprise:

The Speaker of the Chi Tshog;
The Prime Minister;
Five citizens elected by the Chi Tshog in accordance with the principle of proportional representation and for the period corresponding to the legislative term, provided that they are not members of the organs of sovereignty.
Five citizens designated by the King of Ladakh for the period corresponding to the term of office of the President, provided that they are not members of the organs of sovereignty.

Section 87 (Competence, Organisation and Functions of the Council of State)

§1. It is incumbent upon the Council of State:

Express its opinion on the dissolution of the Chi Tshog;
Express its opinion on the dismissal of the Government;
Express its opinion on the declaration of war and the making of peace;
Express its opinion on any other cases set out in the Constitution and advise the King of Ladakh in the exercise of his functions;
To prepare and approve its Rules of Procedures;

§2. The meetings of the Council of State shall not be open to the public.
§3. The organisation and functioning of the Council of State shall be established by law.

TITLE III - CHI TSHOG

CHAPTER I - STATUS AND ELECTION

Section 88 (Definition)

The Chi Tshog is the organ of sovereignty of the Kingdom of Ladakh that represents all Ladakhi citizens and is vested with legislative, fiscal and political decision powers.

Section 89 (Election and Composition)

§1. The Chi Tshog shall be elected by universal, free, direct, equal, secret and personal suffrage.
§2. The Chi Tshog shall be made up of an odd number of Members with a minimum of fifty-one and a maximum of sixty-five Members. The Members shall be divided equally between Leh and Kargil with the odd Member being from the dzongkhag of Leh.
§3. The law shall establish the rules relating to constituencies, eligibility conditions, nominations and electoral procedures.
§4. Members of the Chi Tshog shall have a term of office of five years.

Section 90 (Immunities)

§1. The Members of Chi Tshog shall not be held liable for civil, criminal or disciplinary proceedings in regard to votes and opinions expressed by them while performing their functions.
§2. Parliamentary immunities may be withdrawn in accordance with the Rules of Procedures of the Chi Tshog.

CHAPTER II - COMPETENCE

Section 90 (Competence of the Chi Tshog)

§1. It is incumbent upon the Chi Tshog to make laws on basic issues of the Kingdom’s domestic and foreign policy.
§2. It is exclusively incumbent upon the Chi Tshog to make laws on:

The borders of the Kingdom of Ladakh, in accordance with Section 4;
The national symbols, in accordance with item 2 of Section 14;
Citizenship;
Rights, freedoms and guarantees;
The status and capacity of people, family law and descent law;
Territorial division;
The electoral law and the referendum system;
Political parties and associations;
The status of Members of the Chi Tshog;
The status of office holders in the organs of State;
The bases for the education system;
The bases for the health and social security system;
The suspension of constitutional guarantees and the declaration of the state of siege and the state of emergency;
The Defence and Security policy;
The tax policy;
The budget system.

§3. It is also incumbent on the Chi Tshog:

To ratify the appointment of the President of the Supreme Court of Justice and of the High Administrative, Tax and Audit Court;
To deliberate on progress reports submitted by the Government;
To elect one member for the Superior Council for the Judiciary and the Superior Council of the Public Persecution;
To deliberate on the State Plan and Budget and the execution report thereof;
To monitor the execution of the State budget;
To approve and denounce agreements and ratify international treaties and conventions;
To grant amnesty;
To give consent to trips by the King of Ladakh in accordance with Section 80;
To approve revisions of the Constitution by a majority of two-thirds of the Members of Parliament;
To authorise and confirm the declaration of the state of siege or the state of emergency;
To propose to the King of Ladakh the submission to referendum of issues of national interest.

§4. It is also incumbent upon the Chi Tshog:

To elect its Speaker and other members of the Chair;
To elect five members for the Council of State;
To prepare and approve its Rules of Procedure;
To set up the Standing Committee and establish the other parliamentary Committees.

Section 91 (Legislative Authorization)

§1. The Chi Tshog may authorise the Government to make laws on the following matters:

Definition of crimes, sentences, security measures and respective prerequisites;
Definition of civil and criminal procedure;
Organisation of the Judiciary and status of magistrates;
General rules and regulations for the public service, the status of the civil servants and the responsibility of the State;
General bases for the organisation of public administration;
Monetary system;
Banking and financial system;
Definition of the bases for a policy on environment protection and sustainable development;
General rules and regulations for radio and television broadcasting and other mass media;
Civic or military service;
General rules and regulations for requisition and expropriation for public purposes;
Means and ways of intervention, expropriation, nationalization and privatization of means of production and soils on grounds of public interest, as well as criteria for the establishment of compensations.

§2. Laws on legislative authorization shall define the subject, sense, scope and duration of the authorization, which may be renewed.
§3. Laws on legislative authorization shall not be used more than once and shall lapse with the dismissal of the Government, with the end of the legislative term or with the dissolution of the Chi Tshog.

Section 91 (Legislative Initiative )

§1. The power to initiate laws lies with:

The Members of Chi Tshog;
The Parliamentary Groups;
The Government.

§2. There shall be no submission of bills, draft legislation or amendments involving, in any given fiscal year, any increase in State expenditure or any reduction in State revenues provided for in the Budget or Rectifying Budgets.
§3. Bills and draft legislation that have been rejected shall not be re-introduced in the same legislative session in which they have been tabled.
§4. Bills and draft legislation that have not been voted on shall not need to be re-introduced in the ensuing legislative session, except in case of end of the legislative term.
§5. Draft legislation shall lapse with the dismissal of the Government.

Section 92 (Parliamentary Appraisal of Statutes)

§1. Statutes other than those approved under the exclusive legislative powers of the Government may be submitted to the Chi Tshog for appraisal, for purposes of terminating their validity or for amendment, following a petition of one-fifth of the Members of Parliament and within thirty days following their publication. This timeframe shall exclude the days when the functioning of the Chi Tshog is suspended.
§2. The Chi Tshog may suspend, in part or in full, the force of a statute until it is appraised.
§3. The suspension shall lapse after the Chi Tshog has held ten plenary meetings without taking a final decision.
§4. Where termination of validity is approved, the statute shall cease to be in force from the date of the publication of the resolution in the Official Gazette, and it shall not be published again in the same legislative session.
§5. The process shall lapse if, after a statute has been submitted for appraisal, the Chi Tshog takes no decision on it, or, having decided to make amendments, it does not approve a law to that effect before the corresponding legislative session ends, provided 15 plenary meetings have been held.

Chapter III - ORGANISATION AND FUNCTION

Section 93 (Legislative term)

§1. The legislative term shall comprise five legislative sessions, and each legislative session shall have the duration of one year.
§2. The regular period of functioning of the Chi Tshog shall be defined by the Rules of Procedure.
§3. The Chi Tshog convenes on a regular basis following notice by its Speaker.
§4. The Chi Tshog convenes on an extraordinary basis whenever so deliberated by the Standing Committee, at the request of one-third of Members or following notice of the King of Ladakh with a view to addressing specific issues.
§5. In case of dissolution, the elected Chi Tshog shall commence a new legislative term, the length of which shall be increased by the time needed to complete the legislative session in progress at the date of the election.

Section 94 (Dissolution)

§1. The Chi Tshog shall not be dissolved during the six months immediately following its election or during a state of siege or a state of emergency, on pain of rendering the act of dissolution null and void.
§2. The dissolution of the Chi Tshog does not affect the continuance in office of its Members until the first meeting of the Chi Tshog after the ensuing election.

Section 95 (Attendance by Members of the Government)

§1. Members of the Government have the right to attend plenary sessions of the Chi Tshog and may take the floor as provided for in the rules of procedures.
§2. Sittings shall be fixed at which members of the Government shall be present to answer questions from Members of Parliament in accordance with the Rules of Procedure.
§3. The Chi Tshog or its Committees may request members of the Government to take part in their proceedings.

CHAPTER IV - STANDING COMMITTEE

Section 96 (Standing Committee)

§1. The Standing Committee shall sit when the Chi Tshog is dissolved or in recession and in the other cases provided for in the Constitution;
§2. The Standing Committee shall be presided over by the Speaker of the Chi Tshog and shall be comprised of Deputy Speakers and Parliament Members designated by the parties sitting in the Parliament in accordance with their respective representation.
§3. It is incumbent upon the Standing Committee:

To follow-up the activities of the Government and the Public Administration;
To co-ordinate the activities of the Committees of the Chi Tshog;
To take steps for the convening of the Chi Tshog whenever deemed necessary;
To prepare and organize sessions of the Chi Tshog;
To give its consent regarding trips by the King of Ladakh in accordance with Section 80;
To lead relations between the Chi Tshog and similar parliaments and institutions of other countries;
To authorise the declaration of the state of siege or the state of emergency.

TITLE IV - GOVERNMENT

CHAPTER I - DEFINITION AND STRUCTURE

Section 97 (Definition)

The Government is the organ of sovereignty responsible for conducting and executing the general policy of the country and is the supreme organ of Public Administration.

Section 98 (Composition)

§1. The Government shall comprise the Prime Minister and the Ministers.
§2. The Government may include one or more Deputy Prime Ministers and Deputy Ministers.
§3. The number, titles and competencies of ministries shall be laid down in a Government statute.

CHAPTER II - FORMATION AND RESPONSIBILITY

Section 98 (Appointment)

§1. The Prime Minister shall be designated by the political party or alliance of political parties with the highest number of votes and shall be appointed by the King of Ladakh, after consultation with the political parties sitting in the Chi Tshog.
§2. The remaining members of the Government shall be appointed by the King of Ladakh following proposal by the Prime Minister.

Section 99 (Responsibility of the Government)

The Government shall be accountable to the King of Ladakh and to the Chi Tshog for conducting and executing the domestic and foreign policy in accordance with the Constitution and the law.

Section 100 (The Program of the Government)

§1. Once appointed, the Government should develop its program, which should include the objectives and tasks proposed, the actions to be taken and the main political guidelines to be followed in the fields of government activity.
§2. Once approved by the Council of Ministers, the Prime Minister shall, within a maximum of 30 days after appointment of the Government, submit the Program of Government to the Chi Tshog for consideration.

Section 101 (Consideration of the Program of Government by the Chi Tshog)

§1. The Program of the Government shall be submitted to the Chi Tshog for consideration. When the Chi Tshog is not in session, its convening for this purpose shall be mandatory.
§2. Debate on the program of the Government shall not exceed five days and, prior to its closing, any parliamentary group may propose its rejection or the Government may request the approval of a vote of confidence.
§3. Rejection of the program of the Government shall require an absolute majority of the Members in full exercise of their functions.

Section 102 (Request for Vote of Confidence)

The Government may request the Chi Tshog to take a vote of confidence on a statement of general policy or on any relevant matter of national interest.

Section 103 (Vote of no confidence)

§1. The Chi Tshog may, following proposal by one-quarter of the Members in full exercise of their functions, pass a vote of no confidence on the Government with respect to the implementation of its programme or any relevant matter of national interest.
§2. Where a vote of no confidence is not passed, its signatories shall not move another vote of no confidence during the same legislative session.

Section 104 (Dismissal of the Government)

§1. The dismissal of the Government shall occur when:

A new legislative term begins;
The King of Ladakh accepts the resignation of the Prime Minister;
The Prime Minister dies or is suffering from a permanent physical disability;
Its programme is rejected for the second consecutive time;
A vote of confidence is not passed;
A vote of no confidence is passed by an absolute majority of the Members in full exercise of their functions;

§2. The King of Ladakh shall only dismiss the Prime Minister in accordance with the cases provided for in the previous item and when it is deemed necessary to ensure the regular functioning of the democratic institutions, after consultation with the Council of State.

Section 105 (Criminal Liability of the Members of Government)

§1. Where a member of the Government is charged with a criminal offence punishable with a sentence of imprisonment for more than two years, he or she shall be suspended from his or her functions so that the proceedings can be pursued.
§2. Where a member of the Government is charged with a criminal offence punishable with a sentence of imprisonment for a maximum of two years, the Chi Tshog shall decide whether or not that member of the Government shall be suspended so that the proceedings can be pursued.

Section 106 (Immunities for Members of the Government)

No member of the Government may be detained or imprisoned without the permission of the Chi Tshog , except for a felonious crime punishable with a maximum sentence of imprisonment for more than two years and in flagrante delicto.

CHAPTER III - COMPETENCIES

Section 107 (Competence of the Government)

§1. It is incumbent upon the Government:

To define and implement the general policy of the country, following its approval by the Chi Tshog;
To guarantee the exercise of the fundamental rights and freedoms of the citizens;
To ensure public order and social discipline;
To prepare the State Plan and the State Budget and execute them following their approval by the Chi Tshog;
To regulate economic and social sector activities;
To prepare and negotiate treaties and agreements and enter into, approve, accede and denounce international agreements which do not fall under the competence of the Chi Tshog or of the King of Ladakh;
To define and implement the foreign policy of the country;
To ensure the representation of the Kingdom of Ladakh in international relations;
To lead the social and economic sectors of the State;
To lead the labour and social security policy;
To guarantee the defense and consolidation of the public domain and the property of the State;
To lead and co-ordinate the activities of the ministries as well as the activities of the remaining institutions answerable to the Council of Ministers;
To promote the development of the co-operative sector and the support for household production;
To support private enterprise initiatives;
To take actions and make all the arrangements necessary to promote economic and social development and to meet the needs of the Ladakhi people;
To exercise any other competencies as provided by the Constitution and the law.

§2. It is also incumbent upon the Government in relation with other organs :

To submit bills and draft resolutions to the Chi Tshog;
To propose to the King of Ladakh the declaration of war or the making of peace;
To propose to the King of Ladakh the declaration of the state of siege or the state of emergency;
To propose to the King of Ladakh the submission to referendum of relevant issues of national interest;
To propose to the King of Ladakh the appointment of ambassadors, permanent representatives and special envoys;

§3. The Government has exclusive legislative powers on matters concerning its own organisation and functioning, as well as on the direct and indirect management of the State.

Section 108 (Competencies of the Council of Ministers)

It is incumbent upon the Council of Ministers:

To define the general guidelines of the government policy as well as those for its implementation;
To deliberate on a request for a vote of confidence from the Chi Tshog;
To approve bills and draft resolutions;
To approve statutes, as well as international agreements that are not required to be submitted to the Chi Tshog;
To approve actions by the Government that involve an increase or decrease in public revenues or expenditures;
To approve plans.

Section 109 (Competencies of Members of the Government)

§1. It is incumbent upon the Prime Minister:

To be the Head of Government;
To chair the Council of Ministers;
To lead and guide the general policy of the Government and co-ordinate the activities of all Ministers, without prejudice to the direct responsibility of each Minister for his or her respective governmental department.
To keep the King of Ladakh informed on matters of domestic and foreign policy of the Government;
To perform other duties conferred by the Constitution and the law.

§2. It is incumbent upon the Ministers:

To implement the policy defined for their respective Ministries;
To ensure relations between the Government and the other organs of the State in the area of responsibility of their respective Ministries.
Government statutes shall be signed by the Prime Minister and the Ministers in charge of the respective subject matter.

Title V - COURTS

Chapter I - COURTS AND THE JUDICIARY

Section 110 (Jurisdiction)

§1. Courts are organs of sovereignty with competencies to administer justice in the name of the people.
§2. In performing their functions, the courts shall be entitled to the assistance of other authorities.
§3. Court decisions shall be binding and shall prevail over the decisions of any other authority.

Section 111 (Independence)

Courts are independent and subject only to the Constitution and the law.

Section 112 (Review of Unconstitutionality)

The courts shall not apply rules that contravene the Constitution or the principles contained therein.

Section 113 (Judges)

§1. Jurisdiction lies exclusively with the judges installed in accordance with the law.
§2. In performing their functions, judges are independent and owe obedience only to the Constitution, the law and to their own conscience.
§3. Judges have security of tenure and, unless otherwise provided for by law, may not be transferred, suspended, retired or removed from office.
§4. To guarantee their independence, judges may not be held liable for their judgements and decisions, except in the circumstances provided for by law.
§5. The law shall regulate the judicial organisation and the status of the judges of the courts of law.

Section 114 (Exclusiveness)

Judges in office may not perform any other functions, whether public or private, other than teaching or legal research, in accordance with the law.

Section 115 (Categories of Courts)

§1. There shall be the following categories of courts in the Kingdom of Ladakh:

The Supreme Court of Justice and other courts of law;
The High Administrative, Tax and Audit Court and other administrative courts of first instance;
Military Courts.

§2. Courts of exception shall be prohibited and there shall be no special courts to judge certain categories of criminal offence.
§3. There may be Arbitration Courts.
§4. The law shall determine the establishment, organization and functioning of the courts provided for in the preceding items.
§5. The law may institutionalize means and ways for the non-jurisdictional resolution of disputes.

Section 116 (Supreme Court of Justice)

The Supreme Court of Justice is the highest court of law and the guarantor of a uniform enforcement of the law, and has jurisdiction throughout the Kingdom.