Wednesday, August 27, 2008

CHARTER OF UNITED NATIONS

Charter of the United Nations
Introduction
The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.
Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on 17 December 1963 and came into force on 31 August 1965. A further amendment to Article 61 was adopted by the General Assembly on 20 December 1971, and came into force 0n 24 September 1973. An amendment to Article 109, adopted by the General Assebmly on 20 December 1965, came into force on 12 June 1968.
The amendment to Article 23 enlarges the membership of the Security Council from eleven to fifteen. The amended Article 27 provides that decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members (formerly seven) and on all other matters by an affirmative vote of nine members (formerly seven), including the concurring votes of the five permanent members of the Security Council.
The amendment to Article 61, which entered into force on 31 August 1965, enlarged the membership of the Economic and Social Council from eighteen to twenty-seven. The subsequent amendment to that Article, which entered into force on 24 September 1973, further increased the membership of the Council from twenty-seven to fifty-four.
The amendment to Article 109, which relates to the first paragraph of that Article, provides that a General Conference of Member States for the purpose of reviewing the Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members (formerly seven) of the Security Council. Paragraph 3 of Article 109, which deals with the consideration of a possible review conference during the tenth regular session of the General Assembly, has been retained in its original form in its reference to a "vote, of any seven members of the Security Council", the paragraph having been acted upon in 1955 by the General Assembly, at its tenth regular session, and by the Security Council.



Preamble
We the Peoples of the United Nations Determined
to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
to promote social progress and better standards of life in larger freedom,
And for these Ends
to practice tolerance and live together in peace with one another as good neighbors, and
to unite our strength to maintain international peace and security, and
to ensure by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic and social advancement of all peoples,
Have Resolved to Combine our Efforts to Accomplish these Aims
Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.




Chapter I
Purposes and Principles
Article 1
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
4. To be a center for harmonizing the actions of nations in the attainment of these common ends.
Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.

Chapter II
Membership
Article 3
The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.
Article 4
1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.
Article 5
A member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.
Article 6
A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

Chapter III
Organs
Article 7
1. There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat.
2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.
Article 8
The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs




Chapter IV
The General Assembly
Composition
Article 9
1. The General Assembly shall consist of all the Members of the United Nations.
2. Each member shall have not more than five representatives in the General Assembly.
Functions and Powers
Article 10
The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.
Article 11
1. The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.
2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.
4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.
Article 12
1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.
2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.
Article 13
1. The General Assembly shall initiate studies and make recommendations for the purpose of:
a. promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;
b. promoting international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1(b) above are set forth in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.
Article 15
1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.
2. The General Assembly shall receive and consider reports from the other organs of the United Nations.
Article 16
The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.
Article 17
1. The General Assembly shall consider and approve the budget of the Organization.
2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.
3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.
Voting
Article 18
1. Each member of the General Assembly shall have one vote.
2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1(c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.
3. Decisions on other questions, Composition including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.
Article 19
A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.
Procedure
Article 20
The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.
Article 21
The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.
Article 22
The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.

Chapter V
The Security Council
Article 23
1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election.
Each member of the Security Council shall have one representative.
Functions and Powers
Article 24
1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.
Article 25
The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.
Article 26
In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.
Voting
Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.
Procedure
Article 28
1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.
2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.
3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.
Article 29
The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of procedure, including the method of selecting its President.
Article 31
Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.
Article 32
Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.

Chapter VI
Pacific Settlement of Disputes
Article 33
1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
Article 34
The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.
Article 35
1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.
2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.
3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.
Article 36
1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37
1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.
2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

Chapter VII
Action with respect to threats to the peace, breaches of the peace, and acts of aggression
Article 39
The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
Article 40
In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.
Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.
Article 43
1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types of forces. their degree of readiness and general location, and the nature of the facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.
Article 44
When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.
Article 45
In order to enable the United Nations to take urgent military measures Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.
Article 46
Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.
Article 47
1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.
3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.
Article 48
1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.
2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.
Article 49
The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.
Article 50
If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.
Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.


Chapter VIII
Regional arrangements
Article 52
1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.
2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.
3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.
4. This Article in no way impairs the application of Articles 34 and 35.
Article 53
1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.
2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.
Article 54
The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.


Chapter IX
International economic and social co-operation
Article 55
With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
a. higher standards of living, full employment, and conditions of economic and social progress and development;
b. solutions of international economic, social, health, and related problems; and international cultural and educational co-operation; and
c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
Article 56
All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55.
Article 57
1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63.
2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.
Article 58
The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.
Article 59
The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.
Article 60
Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.

Chapter X
The Economic and Social Council
Composition
Article 61
1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.
3. At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.
4. Each member of the Economic and Social Council shall have one representative.
Functions and Powers
Article 62
1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly, to the Members of the United Nations, and to the specialized agencies concerned.
2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.
4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.
Article 63
1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.
2. It may coordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.
Article 64
1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.
2. It may communicate its observations on these reports to the General Assembly .
Article 65
The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.
Article 66
1. The Economic and Social Council shall perform such functions as fall within its competence in connection with the carrying out of the recommendations of the General Assembly.
2. It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.
3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.
Article 67
1. Each member of the Economic and Social Council shall have one vote.
2. Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.
Procedure
Article 68
The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.
Article 69
The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.
Article 70
The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.
Article 71
The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.
Article 72
1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.
2. The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

Chapter XI
Declaration regarding non-self-governing territories
Article 73
Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:
a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;
b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;
c. to further international peace and security;
d. to promote constructive measures of development, to encourage research, and to cooperate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and
e. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapter XII and XIII apply.
Article 74
Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighborliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.

Chapter XII
International trusteeship system
Article 75
The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.
Article 76
The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:
a. to further international peace and security;
b. to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;
c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and
d. to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals and also equal treatment for the latter in the administration of justice without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.
Article 77
1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:
a. territories now held under mandate;
b. territories which may be detached from enemy states as a result of the Second World War, and
c. territories voluntarily placed under the system by states responsible for their administration.
2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.
Article 78
The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.
Article 80
1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.
2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.
Article 81
The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.
Article 82
There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.
Article 83
1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council.
2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political. economic, social, and educational matters in the strategic areas.
Article 84
It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defense and the maintenance of law and order within the trust territory.
Article 85
1. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.
2. The Trusteeship Council, operating under the authority of the General Assembly, shall assist the General Assembly in carrying out these functions.

Chapter XIII
The Trusteeship Council
Composition
Article 86
1. The Trusteeship Council shall consist of the following Members of the United Nations:
a. those Members administering trust territories;
b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and
c. as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.
2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.
Functions and Powers
Article 87
The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:
a. consider reports submitted by the administering authority;
b. accept petitions and examine them in consultation with the administering authority;
c. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and
d. take these and other actions in conformity with the terms of the trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.
Voting
Article 89
1. Each member of the Trusteeship Council shall have one vote.
2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.
Procedure
Article 90
1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.
2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.
Article 91
The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.



Chapter XIV
The International Court of Justice
Article 92
The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.
Article 93
1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.
2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.
Article 94
1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.
Article 95
Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.
Article 96
1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.


Chapter XV
The Secretariat
Article 97
The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.
Article 98
The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.
Article 99
The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.
Article 100
1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.
2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.
Article 101
1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.
2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat.
3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

Chapter XVI
Miscellaneous provisions
Article 102
1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.
2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph I of this Article may invoke that treaty or agreement before any organ of the United Nations.
Article 103
In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
Article 104
The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.
Article 105
1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.
2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.
3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.

Chapter XVII
Transitional security arrangements
Article 106
Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow October 30, 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.
Article 107
Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.


Chapter XVIII
Amendments
Article 108
Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.
Article 109
1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any seven members of the Security Council. Each Member of the United Nations shall have one vote in the conference.
2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.
3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.


Chapter XIX
Ratification and signature
Article 110
1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.
2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.
3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.
4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.
Article 111
The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.
IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter.
DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.

Saturday, August 23, 2008

BIOGRAPHY OF SHAHID MURTAZA MUTAHARI

شرح مختصر زندگاني مولف شهيد
استاد شهيد آيت الله مطهري در 13 بهمن 1298 هجري شمسي در فريمان واقع در 75 کيلومتري شهر مقدس مشهد در يک خانواده اصيل روحاني چشم به جهان مي گشايد. پس از طي دوران طفوليت به مکتبخانه رفته و به فراگيري دروس ابتدايي مي پردازد. در سن دوازده سالگي به حوزه علميه مشهد عزيمت نموده و به تحصيل مقدمات علوم اسلامي اشتغال مي ورزد. در سال 1316 عليرغم مبارزه شديد رضاخان با روحانيت و عليرغم مخالفت دوستان و نزديکان، براي تکميل تحصيلات خود عازم حوزه علميه قم مي شود در حالي که به تازگي موسس گرانقدر آن آيت الله العظمي حاج شيخ عبدالکريم حائري يزدي ديده از جهان فروبسته و رياست حوزه را سه تن از مدرسان بزرگ آن آيات عظام سيد محمد حجت، سيد صدرالدين صدر و سيد محمد تقي خوانساري به عهد گرفته اند. در دوره اقامت پانزده ساله خود در قم از محضر مرحوم آيت الله العظمي بروجردي (در فقه و اصول) و حضرت امام خميني ( به مدت 12 سال در فلسفه ملاصدرا و عرفان و اخلاق و اصول) و مرحوم علامه سيد محمد حسين طباطبائي (در فلسفه : الهيات شفاي بوعلي و دروس ديگر) بهره مي گيرد. قبل از هجرت آيت الله العظمي بروجردي به قم نيز استاد شهيد گاهي به بروجرد مي رفته و از محضر ايشان استفاده مي کرده است. مولف شهيد مدتي نيز از محضر مرحوم آيت الله حاج ميرزا علي آقا شيرازي در اخلاق و عرفان بهره هاي معنوي فراوان برده است. از اساتيد ديگر استاد مطهري مي توان از مرحوم آيت الله سيد محمد حجت ( در اصول) و مرحوم آيت الله سيد محمد محقق داماد (در فقه) نام برد. وي در مدت اقامت خود در قم علاوه بر تحصيل علم، در امور اجتماعي و سياسي نيز مشارکت داشته و از جمله با فدائيان اسلام در ارتباط بوده است. در سال 1331 در حالي که از مدرسين معروف و از اميدهاي آينده حوزه به شمار مي رود به تهران مهاجرت مي کند. در تهران به تدريس در مدرسه مروي و تأليف و سخنرانيهاي تحقيقي مي پردازد. در سال 1334 اولين جلسه تفسير انجمن اسلامي دانشجويان توسط استاد مطهري تشکيل مي گردد. در همان سال تدريس خود در دانشکده الهيات و معارف اسلامي دانشگاه تهران را آغاز مي کند. در سالهاي 1337 و 1338 که انجمن اسلامي پزشکان تشکيل مي شود .استاد مطهري از سخنرانان اصلي اين انجمن است و در طول سالهاي 1340 تا 1350 سخنران منحصر به فرد اين انجمن مي باشد که بحثهاي مهمي از ايشان به يادگار مانده است. کنار امام بوده است به طوري که مي توان سازماندهي قيام پانزده خرداد در تهران و هماهنگي آن با رهبري امام را مرهون تلاشهاي او و يارانش دانست. در ساعت 1 بعد از نيمه شب روز چهارشنبه پانزده خرداد 1342 به دنبال يک سخنراني مهيج عليه شخص شاه به وسيله پليس دستگير شده و به زندان موقت شهرباني منتقل مي شود و به همراه تعدادي از روحانيون تهران زندانی مي گردد. پس از 43 روز به دنبال مهاجرت علماي شهرستانها به تهران و فشار مردم، به همراه ساير روحانيون از زندان آزاد مي شود. پس از تشکيل هيئتهاي موتلفه اسلامي، استاد مطهري از سوي امام خميني همراه چند تن ديگر از شخصيتهاي روحاني عهده دار رهبري اين هيئتها مي گردد. پس از ترور حسنعلي منصور نخست وزير وقت توسط شهيد محمد بخارايي کادر رهبري هيئتهاي موتلفه شناسايي و دستگير مي شود ولي از آنجا که قاضي يي که پرونده اين گروه تحت نظر او بود مدتي در قم نزد استاد تحصيل کرده بود به ايشان پيغام مي فرستد که حق استادي را به جا آوردم و بدين ترتيب استاد شهيد از مهلکه جان سالم بدر مي برد. سنگينتر مي شود. در اين زمان وي به تأليف کتاب در موضوعات مورد نياز جامعه و ايراد سخنراني در دانشگاهها، انجمن اسلامي کردن محتواي نهضت اسلامي پزشکان، مسجد هدايت، مسجد جامع نارمک و غيره ادامه مي دهد. به طور کلي استاد شهيد که به يک نهضت اسلامي معتقد بود نه به هر نهضتي، براي اسلامي کردن محتواي نهضت تلاشهاي ايدئولوژيک بسياري نمود و با اقدام به تأسيس حسينيه ارشاد نمود و با کجرويها و انحرافات مبارزه سرسختانه کرد. در سال 1346 به کمک چند تن از دوستان اقدام به تأسيس حسينيه ارشاد نمود به طوري که مي توان او را بنيانگذار آن موسسه دانست. ولي پس از مدتي به علت تکروي و کارهاي خودسرانه و بدون مشورت يکي از اعضاي هيئت مديره و ممانعت او از اجراي طرحهاي استاد و از جمله ايجاد يک شوراي روحاني که کارهاي علمي و تبليغي حسينيه زير نظر آن شورا باشد سرانجام در سال 1349 عليرغم زحمات زيادي که براي آن موسسه کشيده بود و عليرغم اميد زيادي که به آينده آن بسته بود در حالي که در آن چند سال خون دل زيادي خورده بود از عضويت هيئت مديره آن موسسه استعفا داد و آن را ترک گفت. در سال 1348 به خاطر صدور اعلاميه اي با امضاي ايشان و حضرت علامه طباطبايي و آِيت الله حاج سيد ابوالفضل مجتهد زنجاني مبني بر جمع اعانه براي کمک به آوارگان فلسطيني و اعلام آن طي يک سخنراني در حسينيه ارشاد دستگير شد و مدت کوتاهي در زندان تک سلولي به سربرد. از سال 1349 تا 1351 برنامه هاي تبليغي مسجدالجواد را زير نظر داشت و غالباً خود سخنران اصلي بود تا اينکه آن مسجد و به دنبال آن حسينيه ارشاد تعطيل گرديد و بار ديگر استاد مطهري دستگير و مدتي در بازداشت قرار گرفت. پس از آن استاد شهيد سخنرانيهاي خود را در مسجد جاويد و مسجد ارک و غيره ايراد مي کرد. بعد از مدتي مسجد جاويد نيز تعطيل گرديد. در حدود سال 1353 ممنوع المنبر گرديد و اين ممنوعيت تا پيروزي انقلاب اسلامي ادامه داشت. اما مهمترين خدمات استاد مطهري در طول حيات پر برکتش ارائه ايدئولوژي اصيل اسلامي از طريق درس و سخنراني و تأليف کتاب است. اين امر خصوصاً در سالهاي 1351 تا 1357 به خاطر افزايش تبليغات گروههاي چپ و پديد آمدن گروههاي مسلمان چپ زده و ظهور پديده التقاط به اوج خود مي رسد. گذشته از حضرت امام، استاد مطهري اولين شخصيتي است که به خطر سران سازمان موسوم به « مجاهدين خلق ايران » پي مي برد و ديگران را از همکاري با اين سازمان باز مي دارد و حتي تغيير ايدئولوژي آنها را پيش بيني مي نمايد. در اين سالها استاد شهيد به توصيه حضرت امام مبني بر تدريس در حوزه علمي قم هفته اي دو روز به قم عزيمت نموده و درسهاي مهمي در آن حوزه القا مي نمايد و همزمان در تهران نيز درسهايي در منزل و غيره تدريس مي کند. در سال 1355 به دنبال يک درگيري با يک استاد کمونيست دانشکده الهيات! زودتر از موعد مقرر بازنشسته مي شود. همچنين در اين سالها استاد شهيد با همکاري تني چند از شخصيتهاي روحاني، «جامعه روحانيت مبارز تهران » را بنيان مي گذارد بدان اميد که روحانيت شهرستانها نيز به تدريج چنين سازماني پيدا کند. گرچه ارتباط استاد مطهري با امام خميني پس از تبعيد ايشان از ايران به وسيله نامه و غيره استمرار داشته است ولي در سال 1355 موفق گرديد مسافرتي به نجف اشرف نموده و ضمن ديدار با امام خميني درباره مسائل مهم نهضت و حوزه هاي علميه با ايشان مشورت نمايد. پس از شهادت آيت الله سيد مصطفي خميني و آغاز دوره جديد نهضت اسلامي، استاد مطهري به طور تمام وقت درخدمت نهضت قرار مي گيرد و در تمام مراحل آن نقشي اساسي ايفا مي نمايد. در دوران اقامت حضرت امام در پاريس، سفري به آن ديار نموده و در مورد مسائل مهم انقلاب با ايشان گفتگو مي کند و در همين سفر امام خميني ايشان را مسؤول تشکيل شوراي انقلاب اسلامي مي نمايد. هنگام بازگشت امام خميني به ايران مسؤوليت کميته استقبال از امام را شخصاً به عهده مي گيرد و تا پيروزي انقلاب اسلامي و پس از آن همواره در کنار رهبر عظيم الشأن انقلاب اسلامي و مشاوري دلسوز و مورد اعتماد براي ايشان بود تا اينکه در ساعت بيست و دو و بيست دقيقه سه شنبه يازدهم ارديبهشت ماه سال 1358 در تاريکي شب در حالي که از يکي از جلسات فکري سياسي بيرون آمده بود يا گلوله گروه نادان و جنايتکار فرقان که به مغزش اصابت نمود به شهادت مي رسد و امام و امت اسلام در حالي که اميدها به آن بزرگمرد بسته بودند در ماتمي عظيم فرو مي روند. سلام و درود خدا بر روح پاک و مطهرش

Friday, August 15, 2008

THE IMOPORTANT FEATURES OF THE THE FRENCH CONSTITUTION

French Constitution
Important characteristic of French constitution:

Written constitution: It is a written constitution. It was not framed and adopted by a constituent assembly. A small cabinet committee was appointed by de Gaulle's government to draft a constitution. The draft was considered by a consultative committee consisting of 39 members. The committee approved the text. Then it was submitted to the people for their approval at a referendum.

Rigid constitution: it is a rigid constitution. It can't be amended by the ordinary law making procedure. The process of amendment includes a referendum.

The declaration of Rights of 1789 Adopted: An important feature of the constitution is that it reaffirms the Rights of Man and the principle of National sovereignty as defined by the Declaration of the Rights of Man and of the Citizen of 1789. The entire constitution is permeated by these rights and principles.

Basic Democratic Principles defined and adopted: the basic democratic principles have been incorporated in the constitution. Article 2 states that France is a Republic, indivisible, Secular, democratic and social. It shall ensure the equality of all citizens before law without distinction of origin, race or religion. It shall respect all beliefs. The motto of the Republic is '' liberty, equality and fraternity." Its principle is ''government of the people, by the people and for the people. '' National sovereignty belongs to the people. Suffrage is universal, equal and secret. Political parties and groups are guaranteed for freedom to carry on their activities.

Strong Presidency: The constitution provides for a strong president. The position of the president under the constitution of the third and fourth republics was very weak. He is neither reigned not governed. But the position of the president under the fifth Republic is ordinances decided upon in the council. He is the commander of the armed forces and presides over the higher councils and committees of national defence. He can dissolve the National assembly. He can assume special powers in an emergency.

Limited powers of parliament: the new constitution provides for a parliament with limited powers. Parliament can legislate only on matters enumerated in the constitution. The Government can make laws on all other matters by simple decree. The parliament is not a supreme law making authority. Its legislative competence is restrictive powers
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Mixture of Parliamentary and Presidential system: The constitution combines the elements of both parliamentary and presidential systems. The council of ministers is responsible to the National assembly. The assembly may question the responsibility of the government by a motion of censure or when it disapproves the programmed or a declaration of general policy of the government, the premier must submit the resignation of the government to the president. A minister can't be a member of the National assembly or of the senate.

Bicameral legislature: It is consist of two chambers, namely the National assembly and the senate. The deputies of the National assembly are elected by direct suffrage. The deputies are elected for a term of five years, whereas the senators have a term of nine years.

The constitutional council: The constitution provides for a constitutional council. It consists of nine members whose term of office lasts nine years and in not renewable. Three of its members are appointed by the president of the Republic, three by the president of National assembly and three by the president of Senate. Its main functions are to ensure the regularity of the election of the president of the Republic and to examine the validity of organic laws before their promulgation.

The high court of justice: It is composed of members elected, in equal number, by the National assembly and the senate after each general or partial election to those bodies. It elects its president from among its members. Its main function is to try the President of the Republic for high treason and the members of the Government for their crimes and misdemeanor committed in the exercise of their duties
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The high council of Judiciary: The constitution lies down that the President of the Republic shall be the guarantor of the independence of the judiciary. It provides for a high council of the judiciary to assist him. It consists of nine members appointed by the President of the Republic who himself is it s president. The Minister of justice is its vice president. The function of the council is to present nominations for Judges of the supreme court of Appeal and to give its opinion on proposal of the Minister of Justice in respect of the nomination of other judges. It is also consulted on questions of pardon.

The economic and social council: The constitution provides for the establishment of an Economic and Social council whose function is to give its opinion on the government bills, ordinances and decrees as well as on Parliamentary bills submitted to it.

Referendum: Another important feature of the constitution is that the president of the Republic can submit certain issues to the people at a referendum. The president of the Republic on the proposal of the Government or on joint motion of two assemblies may submit to referendum any bill dealing with the organization of the governmental authorities, entailing approval of community agreement, or providing for authorization to ratify a treaty that, without being contrary to the constitution, might effect the functioning of existing institutions.

The French community: It has instituted the French community which consists of the French Republic and the associated states. The Republic itself consists of Metropolitan France, the overseas Territories and the overseas Departments. The overseas Territories may retain their status within the Republic or become overseas Departments of the Republic or member states of the community. The states in the community enjoy autonomy, administer themselves and manage their own affairs democratically and freely. There is only on citizenship in the community. The community's jurisdiction extends over foreign policy, defence, currency, common economic and financial policy as well as on policy on strategic raw materials. The president of the Republic is the President of community.

The Executive: President and Prim minister:
Election of the president:
The president of France is directly elected, for the term of seven years. There is no bar to re election. He is elected by an absolute majority of the votes cast. If this is not obtained on the first ballot, there is a second ballot on the second Sunday following. Only the two candidates, who have received the greatest number of votes on the first ballot, present themselves, taking into account the possible withdrawal of more favored candidates. Impeded in its functioning, the functions of the president are temporarily exercised by the President of the Senate and if the latter is in his turn impeded in the exercise of these functions by the government.

Powers of the President:

Executive Powers: The president performs all those functions which are usually performed by a constitutional head of a state.
¨ He appoints prim minister and on his proposal the other members of the government and terminates their appointment.
¨ Presides over the council of ministers.
¨ He is the commander of the armed forces of the country.
¨ The president accredits Ambassadors and envoys extra ordinary to foreign powers and receives the foreign Ambassadors and envoys.
¨ He makes the appointments to civil and military posts of the State.
¨ He signs ordinances and decrees decided upon in the council of ministers. He promulgates laws passed by parliament and sends messages to the two house of parliament.
¨ He negotiates and ratifies treaties.
¨ He has the right of pardon.
¨ He is keep informed of all negotiations leading to the conclusion of an international agreement not subject to ratification.

President as Arbiter: It is the duty of the president to see that the constitution is respected. He shall ensure, by his arbitration, both the proper functioning of the governmental authorities and the community of the state. He shall guaranteed national independence, of the territory, and of respect for community agreements and treaties.

Discretionary Powers: The constitution vests the president with discretionary powers. He can dissolve the National assembly. He may submit certain bills to a referendum. He may decide not to submit a constitutional amendment to a referendum. Instead, he may submit it to a joint sitting of the parliamentary assemblies. He has emergency powers.

i) Dissolution of National assembly: First the president can declare the dissolution of the national assembly.
¨ The only limitation on his power of dissolution is that he can't dissolve it twice within the year following the fresh elections after dissolution.
¨ The other limitation is that the president must consult the prim minister and president of the assemblies before declaring the dissolution. But it is a sheer formality. The president may refuse dissolution when asked by the prime minister

ii) Submission of bill: The second discretionary power of the president relates to submission of bills to a referendum. The president may decide that a constitutional amendment passed by parliament need not be submitted to a referendum. In that case, the proposed amendment is submitted to a joint sitting of the two assemblies and if it is accepted by a three – fifth majority of the votes cast it becomes an amendment of the constitution. Thus initiative for referendum lies with the president.
iii) Emergency powers: When the institutions of the Republic, the independence of the nation, the integrity of its territory or the fulfillment of its commitments are threatened in a grave and immediate manner and when the regular functioning of the constitutional governmental authorities is interrupted, the president of the republic shall take necessary measures and inform nation of these measures. However, he shall take these measures after official consultation with the premier, the presidents of the assemblies and the constitutional council.

iv) Organic Laws: The president must submit to the constitutional council organic laws before their promulgation and regulations of Parliamentary assemblies before they come into force. This act of the president doesn’t need the countersignature of the premier.

The Prime Minister:

The fifth Republic provides for a parliamentary form of government with strong president. The prime minister is appointed by the president. He may appoint any person to that office. He need not have to be the Member of Parliament. According to the old constitution the president can't appoint the prime minister until he had received a confidence vote in the Assembly. Under the new constitution the president can appoint him without consulting any party or person. The prime minister remains in office as long as he enjoys the confidence of the Assembly. The president can't dismiss him, until he chooses to present, his government's resignation.

His power and position:

The prime minister selects his ministers who are appointed by the president who can again refuse any person selected by the prime minister to be the minister. The ministers shall not be the members of any house of the parliament. The council of ministers is presided over by the president and not the prime minister. The policy of the nation is actually determined by the president. The president can refuse to hold a referendum proposed by the prime minister. The position of the prime minister is insignificance when compared to prime minister of India and British prime minister. The constitution of the fifth French Republic has exalted the presidency at the cost of the prime minister and the cabinet.

1. The prime minister shall direct her conduct of government affairs. He shall be responsible for national defence. He has the power to make regulations and to make appointments to civil and military posts. He ensures the implementation of legislation.

2. He may delegate certain of his powers to ministers. He deputizes for the president of the republic as chairman of the council and committees.

3. He may deputize for him as chairman of a meeting of the council of ministers by explicit delegation and for a specific agenda.

Legislature, Parliament:
Composition:

It is consist of two houses, namely the National Assembly and the Senate. The National Assembly is the lower house and the Senate is the upper house of the chamber. The Deputies of the National assembly is elected by directly and the Senate will be elected by indirect suffrage and also the memberships of the parliament have been determined by Organic Acts. The National Assembly has 465 plus Overseas Deputies. It is elected through two ballot systems in single member constituencies. They have to obtain an absolute majority of the votes cast in the first ballot and a simple majority in the second ballot. The life of the Assembly is five years, but it can be dissolved earlier.
The Senate consists of the representatives of the territorial entities of the Republic. Thus the membership of 307 is divided between Metropolitan France, overseas departments, overseas territories and the French citizens living abroad. The term of the Senate is nine years, one- third of its members retiring every three year.

Powers and function of the Parliament:

1. Legislative functions of the Parliament: The French Parliament is not a sovereign law making body. Its powers are limited. The subjects on which parliament can make laws have enumerated in the constitution. It establish the rules like civil rights and fundamental rights to the citizens for their public liberties, national defence on respect of their persons and property, the creation of new jurisdictions and the status of judges, rates and methods of collective taxes of all types, the insurance of currency, nationality, status and legal capacity of persons. Rights of education and also labour and trade union law and social security. Transfers of company ownership form the public to the private sector.

2. Financial powers: In financial matter also parliament doesn’t enjoy supreme powers. The government prepares the Budget and sends it to the National Assembly and after that it goes to the Senate, which enjoys equal power and the bill must passed by both the houses. According to the constitution if the Assembly has not completed the first reading within forty days, then the government refers it to the senate. If it doesn’t voted after 70 days, the government may apply its provisions by ordinance. The parliament doesn’t have the right to bring any changes in financial bill. If it result in increase and decrease in expenditure, it has the rights to cut in expenditure.

3. Executive Powers: Parliament controls the members of the government, they are responsible to it.

4. Declaration of war: In France parliament authorizes declaration of war. Treaties are negotiated and ratified by the president of the republic. But peace treatise, agreements relative to international organization, finances of the state, those relative to the status of persons, exchange or additional of territory are ratified only by law.

5. Electoral powers: The president of the National Assembly and Senate elect three members each to the constitutional council. The members of the high court of justice are elected in equal number by the National Assembly and the Senate from within their ranks
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THE IMPORTANT FEATURES OF THE SWITZERLAND CONSTITUTION

Constitution of Switzerland
The Federal Council

Unique Executive:

It is unique among the constitution of the World. A system of government which falls in a class by itself, which differs fundamentally from the presidential and cabinet types, but which combines certain features of both, is that of Switzerland.

Composition:

1. Federal council: The federal council consists of seven members. It is elected by the two houses of the federal assembly. It is elected for a term of four years by the two chamber of the federal assembly in a joint session. It is not necessary according to the constitution that the members of the council should be chosen from the federal assembly.
2. The president and vice president: There is a president of the council. He is one of the seven councilors. The president of the council has no more power than the other councilors. The council has a vice president. The federal assembly nominates them for a term of one year.
3. Quorum: Four members' constitution a quorum for the sittings of the council.

Powers of the federal council:

The powers of the federal council may be described under three heads: executive, legislative and judicial.

1. Executive powers: The council is the head of the administration. It enforces laws and decrees of the confederation. It looks after the internal security, peace and order of the country. All federal appointments except a few are made by the council like Tribunal and other authorities. It administers the finances of the federation, made budget and submits accounts of receipts and expenditure. It manages the foreign affairs, making agreement with the foreign countries and also ensures external security.

2. Legislative powers: It has an extensive power. The member of the council have right to speak in either house of the federal assembly, but they have no right to vote. It prepares drafts of legislative measures and submits them to the Assembly for its consideration. It gives advice to the houses of the assembly and to the cantons on the measures they refer to it. The federal council submits an account of its work to the federal assembly in each ordinary session presents a report on the internal and external position of the confederation and recommends for its consideration the measures for the welfare of the country.

3. Judicial powers: They also perform some judicial powers, mostly the cases arising out of administrative law. It hears appeals of private citizens against the decisions of various administrative departments. It also goes against the decisions of the canton government in certain matters.

Important Features of the federal executive:

1. Plural executive: There is no head of the executive. All the members of the council possess equal powers.

2. Parliamentary system: Its members are chosen by the legislature. They have right to present in the legislature, take part in its proceedings and initiate legislative measures and subject to interpellation in both house and carry out wishes of the legislature.

3. Non parliamentary system: Its members are not members of the legislature and the term of office is fixed, they can't be removed by the legislature. It has no prime minister and doesn’t function according to the principle of joint responsibility.

4. Non party system: Its members don’t belong to the majority party in the legislature or any of its chambers. They are elected from different parties and groups. Because of the non party system character of the council its members are re – elected if they are willing to serve.

The Federal Assembly
Composition and organization:

The legislature of Switzerland is called Federal Assembly. It is consist to chambers Council of the State and National council. The former has 44 members and the latter 200 members.

1. Upper chamber: It is called Council of the States, it represent the cantons. It is consists of 46 members, two from each full canton and one from half canton. The cantons determine the method of choice and term of office of the members. There is no uniform method of election, nor is the term of office the same for all members. The council elects its chairman and vice chairman form amongst its own members for every ordinary and extraordinary session. The chairman has the right to vote like other members in the elections in which the members of the council have a right to participate.

2. Lower chamber: It is known as the National council. It represents the people. It is consists of two hundred members. Its members are elected directly by proportional representation. Every Swiss citizen who has completed the age of 20 has the right to vote and qualified to be a member of the National council and etc... The term is four years. It can't be dissolved earlier. It elects its chairman and vice chairman from among its members for every ordinary and extraordinary session.

Sessions:

Both chambers must meet at least once a year. Extraordinary sessions can be convened by the Federal Council on request by one-fourth of the members of the National Council or five Cantons. The two houses also hold joint sittings for certain purposes.

Powers of the two houses:

The chambers have equal powers. This is a unique feature of the Swiss legislature. In theory the approval of both the houses are important but in practice the National council has more power than the Council of states.

Powers of the Federal Assembly: The Federal Assembly is supreme so long as it retains the confidence of the people. Its decisions are not subject to any executive or judicial veto. The powers of the Assembly are as follows:
1. To pass laws on all matters which the constitution assigns to federal authorities.
2. To pass laws determining the organization and mode of election of federal authorities.
3. To elect the Federal Council, the federal tribunal, the chancellor and the commander in chief of the federal army.
4. To approve treaties with foreign powers, to declare war and conclude peace.
5. To adopt measures for the maintenance of external security, independence and neutrality of the confederation.
6. To adopt measures for the guarantee of the territory and constitution of the cantons.
7. To control the federal army.
8. To enact the annual budget, and approve state accounts and decrees authorizing loans.
9. To supervise the federal administration in general and the federal Tribunal.
10. To hear appeals against the decisions of the federal council in administrative disputers.
11. To decide conflicts of jurisdiction between the federal authorities.
12. Revision or amendment of the constitution of the confederation.

The Federal Tribunal:
Composition:

It establishes a federal Tribunal for the administration of justice in federal matters. The members of the Tribunal are elected by the Federal Assembly. It is provided in the constitution that three national languages should be represented in the Tribunal. Any Swiss citizen eligible for election to the National Council can be chosen a member of the Tribunal, provided that members of the Federal Assembly and those of the Federal Council and employees of the confederation can't be members of the Tribunal. Members of the Tribunal can't hold another office, be it in the service of the confederation, or in the Cantons, nor can they engage in any other profession or industry. The number of judges, their term and organization of the Tribunal are determined by law of the Federal Assembly. At present the term of the judges is six years, but they are often re-elected.

Powers:

(A) The civil jurisdiction of the federal Tribunal: It covers the following:

1. All the civil suits between the confederation and the Cantons or between the Cantons themselves.
2. All suits between the confederation and corporations or private individuals, if these corporations and individuals are plaintiffs and the dispute is so important that it requires adjudication under federal legislation.
3. The disputed between a canton and an individual or a corporation if either party demands it and the dispute is so important as to be determined by federal legislation.
4. Disputes concerning loss of nationality and disputes between communes of different Cantons concerning the question of citizenship.
5. Other disputes if parties concerning refer them to it and the matter is as important as shall be determined by federal legislation.

(B) Criminal jurisdiction: The Tribunal has criminal jurisdiction in the following:
1. Cases of the high treason against the confederation, revolt and violence against federal authorities.
2. Crimes and offences against international law.
3. Political crimes and offences which are the cause or consequence of disturbances leading to armed federal intervention.
4. Crimes committed by officials appointed by a federal authority when brought before the Tribunal by that authority.

(C) Limited constitutional jurisdiction: The Tribunal has limited constitutional jurisdiction in the following matters:

1. Conflicts of competence between the federal authority on the one hand and authorities of the cantons on the other.
2. Disputes between cantons involving public law.
3. Disputer concerning violation of the rights of the citizens under federal or cantonal constitutions by cantonal statutes.

Direct Democracy:
The most salient feature of the Swiss constitution is what is known as the institution of direct democracy. The instruments of direct democracy are referendum and initiative. The referendum consists of submission to the people, for approval or rejection, of a law passed by the legislature. The initiative is the right of the people to initiate or propose a piece of legislation.

Referendum:
The referendum is two kinds: obligatory (compulsory) and optional. It is compulsory when a legislative measure passed by the legislature must be submitted for the approval of the electorate. It is optional when a law passed by the legislature need be submitted to the people only on petition from a prescribed number of the qualified voters. The referendum and the initiative are used both at the centre and in the Cantons.

Referendum at the Center:
1. Compulsory referendum: In the Federation the referendum is compulsory in respect of constitutional changes. If both houses of the federal assembly agree on a constitutional amendment, it must be submitted to the voters, and becomes law if approved not only by a majority of the qualified voters but also by a majority of Cantons.
2. Optional Referendum: In the Federation the referendum is optional in respect of ordinary laws.
Referendum in the Cantons:
In the cantons the compulsory form of referendum is in use for amendments to the constitution, and in several for the adoption of ordinary laws. The optional form of referendum is in use in almost all the Cantons for ordinary laws.

The Initiative:
The initiative is in use in the federation for constitutional law. If 50,000 voters desire a total revision of the constitution the question whether such a revision should be made or not is submitted to the citizens. If a majority of the voters favour the revision, both houses of the Federal Assembly are dissolved and fresh elections are held. The newly elected assembly proceeds to consider the proposed revision. When approved by both houses it is submitted to the citizens for their approval and becomes law if approved by a majority of voters and by a majority of the Cantons.

Scope of Initiative:
The initiative is not used in the federation for ordinary laws. The initiative is in use in all cantons, except one, for constitutional laws and in all, except a few, for ordinary legislation. The procedure in the cantons is almost the same as in the Federation.

Merits of Direct Democracy:
1. More effective popular sovereignty: Democracy is based on the principle of popular sovereignty. Direct democracy as embodied in the institutions of the referendum and initiative upholds the principle of popular sovereignty more effectively than the institutions of representative democracy. People directly take part in legislation. Laws made by them express their will more authentically than those made by their representatives. People know their own interests better than their representatives. Therefore, laws made by them are likely to serve their interests more effectively than those made by the legislature.

2. Minimum evils of party system: The referendum and the initiative minimize the evils of the party system. In many countries party system has been responsible for the failure of democracy. Parties and their leaders often act from partisan motives, ignore national interests and the wishes of the people, misguide and confuse the masses by their partisan propaganda and even corrupt them by means of patronage they command. Direct democracy reduces these evils to the minimum. Ultimately, it is the people who decide whether they need a particular legislative measure or not.

3. Safeguards the interest of the people: Direct democracy safeguards the interests of the people against the vagaries, high handedness, arrogance and incompetence of the legislature. In every democracy the legislature is dominated by majority party which does not always reflect the public opinion correctly. The dominating party often represents the minority opinion of the public. Direct democracy eliminates the chance of a law being passed which is not approved by a majority of the citizens.

4. Inculcates responsibility and patriotism: Direct democracy inculcates in the people a sense of responsibility and strengthens their sentiment of patriotism. Knowing they themselves are architects of their fate, they behave responsibly. Besides it gives them valuable political education and familiarizes them with intricacies of legislation.

5. Damper to radical polities: Direct democracy acts as a damper to radical politics, minimizes the possibility of political upheavals and discourages unbridled demagogy. People know that they can get a law if and when they want it. They also know that the legislature can't impose upon them a law which they do not like. In a situation like this political leaders hardly get a chance to fan the passions of the masses.

Demerits of Direct democracy:
1. Less important of legislature: It is said that the referendum and the initiative undermine the power and prestige of the legislature. It is obvious that when the people themselves legislate, the legislature is bound to lose its important.

2. Legislation requires experts: Another argument against direct democracy is that in the modern society legislation requires expert and technical knowledge which the masses are not supposed to possess. Naturally the laws initiated by the people are bound to be slipshod, ambiguous and incoherent.

3. Unnecessary delay by referendum: It is argued that the referendum involves unnecessary delay often measures of urgent importance are delayed which often leads to harmful consequences.

4. Slow social transformation: Finally it is said that people being conservative by temperament laws aimed at eradicating deep-rooted social evils have no chance of being enacted. Direct democracy thus slows down the tempo of social transformation.

THE IMPORTANT FEATURES OF AMERICAN CONSTITUTION

The upper house of Congress Senate

Introduction:

Senate is the second house of the American Congress. A careful study of the American Constitution will make it clear that the Senate is the most important body and occupies a special position among the legislatures of the world and occupies as special composition and powers.

Formation of Senate: (composition)

In America there is a federal system of government and hence the formation of state has taken place on the basis of equality of the states according to federal principle. All the Senates have been given equal representation in the Senate. Each state sends two elected representatives in the senate. The number of states in U.S.A is 50 and the total number of the Senate member is 100.

Election and Term of the Members:

Before 1950, the election of the member of the Senate was made through indirect method but now they are elected through direct method. If a member of senate dies, then the legislature of the state appoints some member in his place. The terms of the members of Senate has been fixed for 6 years but after every two years 1/3rd of its members retire and new members are elected in their places.

Powers and Functions of the Senate:
The Senate of the U.S.A is the most powerful second house of the world. According to Gladstone, '' The Senate is the most remarkable invention of the modern politics. '' These are the functions of Senate.

1. Legislative function: In the field of making laws, the Senate right is equal to that of the House of Representatives and also it is equal in respect of ordinary bills but Senate has more power in respect of financial matters. An ordinary bill is presented in the Senate in the same way as it is presented in the House of Representatives, but it is the Senate only which has the right to amend the financial bills and Senate uses this right freely. Senate can amend the whole money bill except the title, phrase or sentence. In the field of legislation, no second house of any other county of the world has so much as the Senate of America has. If any difference arises regarding the bill in the both house, then it send in the joint session of both the house but if no decision is taken then the bill is deemed to have died.

2. Executive functions: In America, it is the president who makes the important appointments. These appointments can be classified under two categories. First category consists of the higher posts of the Union such as Judges of the Supreme Court, Posts Master General and the members of the Cabinet. The second categories includes those appointments which are made by the federal government for the carrying on the administration of the states properly and efficiently such as the appointments of the judges of the courts of the states which are subordinate to the supreme court. For the both types the president needs the consent to the Senate. For the appointment of the first category, president makes the list and sends it to the senate then the Senate consider over these appointments through the sub committee. The cub committee gives their opinion upon the appointments and then the senate accepts or rejects them though voting. If the senate doesn’t give its consent then the president couldn’t appoint them. Also with out the consent of the senate the president can't take important steps regard to the national policy. An appointment of the federal judiciary, for instance, is referred to the judiciary committee, ambassador to the foreign affairs committee. The committee hears the objections, if any thereafter makes its report to the Senate. The Senate then votes.


3. Foreign policy: The president of America is empowered by the constitution to appoint his ambassadors to the other countries but it is necessary that he should seek the consent of the senate for these appointments. Similarly, it is the president who can enter into a treaty other but that treaty will not be considered valid unless and until it is ratified by the senate. For example: The treaty of Versailles was rejected by the Senate because President Wilson didn’t keep in touch with the Foreign Affairs Committee. That is why President Roosevelt appointed two members of the Senate. Foreign Affairs Committee as delegates to the San Francisco conference which drafted the U.N. charter. In this connection, it may be noted that through this power the senate serves as a great check upon the powers of the president.

4. Judicial functions: The Senate has '' the sole power to try all impeachments.'' Although the impeachments are initiated in the House of Representatives but the final decision in this connection is taken by the Senate. According to this power it is not less then the powers of the House of Representatives. First the house of the Representative considers an impeachment then if it is passes the resolutions of impeachment by 2/3rds of its majority, then it send to the senate. If the senate also consents by 2/3rds of majority that person should leave the office. There is no pardon from a penalty by impeachment.
Impeachment in America can be made against the president, vice –president and all civil officers of the United States for treason, bribery or other light crimes and misdemeanors. The term civil officers include such public servants as diplomat's members of the Cabinet and judges of the federal courts. The Congressmen are not included in the term civil officers.

5. Constitution power: The senate has also the power to amend the constitution. It may, however, be noted that the senate can't amend the constitution by acting alone, but the constitution of America provides that a resolution for amending the Constitution can be initiated in the Senate also.

6. Functions in regard to elections: It possesses some powers in regard to elections also. As regards the election of the Vice –President, if none of the candidates are able to secure 50% of the total votes, the Senate has the power to declare the candidate securing highest number of votes as elected.

Lower House of the Congress: House of Representatives
Composition of the House of Representatives:

In America, there is bicameral legislature. The house of Representative is the lower house of America legislature. As it is known from the name, this is the House of people and forms this point of view, in principle; it is similar to the House of Commons of England. But in practice, it is much weaker than the House of Commons in England, the House of Commons being the representative house is the most powerful, but in America the Senate is more powerful than the House of Representatives. Despite this fact, its importance and utility in the administrative system of American cant be denied.
American Constitution clearly provides that each member of the House of Representatives will represent at least 30,000 people and each state will send at least one representative. The actual counting shall be made within three years after the first meeting of the congress of the United States, and every term of ten years in such manner as they shall by law direct. Thus, on the basis of population, the number of its member increases or decreases, as the case may be. At the time when the area of the Unite States of America was less, the number of its member was 65 but with the increasing of the area the number of its members also increased. The original Constitution didn’t specify the size of the House. It has a short term of two years and it is often happened that the term increased to four years.

Powers and Functions of the House of Representatives:
The powers of the American House of Representatives are not as wide as those of the Senate. These are the powers and the functions:
1. Legislative functions: Any bill can be presented in the House of Representatives but it will be deemed to have been passed by Congress only when the Senate also gives its consent on it. From this point of view, the house of Representative has less power than the House of Commons of England. In England the real position in practice is this House of Commons gets all the bill passed according to its wish but so is not the case with the House of Representatives of America. The House of Representatives can't get any bill passed against the will of the Senate.
The money bill can be presented only in the House of Representatives but in this connection also the Senate has the power to amend or reject it.

2. Judicial powers: The House of Representatives have the power to initiate the impeachment against the President, Vice President and other higher officials. The proceedings of impeachment can't be started in the Senate but in this connection also it is the Senate which gives the final decision or in other words, the will of the Senate ultimately prevails.

3. Powers regarding elections: The House of Representative has an important power in connection with the election of the American President. If none of the candidates for the President ship is able to secure complete majority, than the House of Representatives has the power to declare elected the candidate securing highest number of votes as president.


4. Executive powers and functions: The executive powers of the House of Representatives are negligible as compared to those of the Senate. The Senate have the power to ratify the treaties, appointments made by the president and also have the power to make the investigations of different departments, but the House of Representatives doesn’t have any such powers. The House of Representatives has the powers relating to the declaration of war. Before the declaration of war, the President is required to seek the consent of the House of Representatives also
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5. Other powers: The house of Representatives has some other powers also. It can make the rules in regard to the election of the members of the House of Representatives, their expenditure and qualifications etc.

Judiciary of America
Composition, Powers and Function of the Supreme Court:

In the federal system of America, Judiciary has special and great significance. A scholar has remarked that in a Federal system the Judiciary is as essential as the Sun in solar system. Since, there is federal system in America. Prof. Usd has even remarked that the Supreme Court occupies a basic position in America administrative system, it is important for the administrative organization as the President and the members of Congress. Each state has a highest court and this highest court is called Supreme Court. In most of the states, the number of the Judges of the Supreme Court of America Federation is 9. One of them is the chief Justices and 8 are the judges. They are appointed by the President but he has to seek the consent of the Senate. The Constitution doesn’t speak regarding the qualification of them and the President can appoint any person as the judge of the Supreme Court. In the age of 70-75 years a judge of Supreme Court can resign according to his will and after having worked as a judge for 10 years. The judge of the Supreme Court can't be removing from their office, except by impeachment. This impeachment is made in the House of Representatives but the final decision is taken by the Senate. These courts interpret the Constitution of the states and give their legal opinion on serious matters.

Powers and Function of the Supreme Court:

1. Original Jurisdiction: The Supreme Court of America possesses original jurisdiction in the field of justices. Article III, Clause 2 of the Constitution clearly provides:
'' In all cases affecting ambassador, other public ministers and consults and those in which a state shall be party, the Supreme Court shall have the original jurisdiction. ''

2. Appellate Jurisdiction: Two types of appeals are made in the Supreme Court:
¨ If any court of a state has declared any federal Act, treaty made by Federal Administration, or any other subject coming within its jurisdiction s invalid, then an appeal can be made against it in the Supreme Court.
¨ If any law passed by the state legislature is against or repugnant to any law passed by the Federal government, then appeal can be made against it in the Supreme Court.
In short, the appellate jurisdiction is only in respect of Constitution matters and in ordinary matters appeals can be heard only when the Supreme Court of the state gives permission for making such an appeal.

3. Judicial Review: It is the most important power of the Supreme Court and that is why the scholars have called the Supreme Court as the third chamber, of legislature. It is the Supreme Court which decides whether a law passed by the United state of America is against the Constitution or not. If any law is declared as unconstitutional by the Supreme Court, then it is declared invalid. It performs the function of the interpreting the laws.

4. Guardian of Fundamental Rights: It is the guardian of the fundamental rights of the citizens. The liberty of no person can be taken away without due to process of law. It protects the rights of the citizens from the executive and legislature. The right of franchise of America citizens can't be taken away on the ground of color, race, descent or slavery. They have freedom of religion, property, education and have right to be free except under the due process of law.

5. To Control the Federal and State Government: It determined and fixed the jurisdiction of the Federal and state governments and in no case they violate each other. The Supreme Court also decides whether a law is made by congress is according to the provisions of the Constitution or not. The court also decides whether the law made by state legislature is according to rights granted them under the Constitution or not. The Supreme Court can declare any law or a part of it as invalid. It exercises this power rarely.

6. To advise the President: It is also function of the Supreme Court to advise the President in regard to legal matters. From time to time, advice the President on Constitution matters.

7. To Develop the Constitution: Through the power of interpretation of the Constitution, the Supreme Court also helps the development of the Constitution. The Constitution undergoes the changes by the interpretations of the Constitution in accordance with the change circumstances.