Chapter 243 Constitution
Harsha was working in the courtyard garden for some peace of mind and to have some variety in the surroundings. The gentle breeze soothed his mental stress away along with the scent and scenery of the vibrant flowers.
He had been malding over the first draft of the constitution and laws for the court. He wanted a rather meritocratic society rather than limiting the potential based on race, religion, and other parameters. A good judicial system was paramount for such an endeavour.
Harsha wanted to create his own judicial system for the Empire. A framework that would divide the power equally and function for the citizens. He wanted it going as soon as possible. The money required to train new judges and lawyers along with building specialized areas for the pleas.
There was so much to unpack. He had to ensure everything was done simultaneously to reduce the time frame to a mere fraction of the expected one. The recruitment of police, judges, and lawyers will be done simultaneously along with the construction of the buildings to accommodate them. The spread of the drafted laws to each and every citizen was also a must.
This would need a lot of planning and a huge splurge of money, but it was the price he was willing to pay to establish a robust framework for the Empire.
Viswa was seated opposite him, researching the workings of the panchayat systems working currently in the Empire. He also looked for issues that might need some addressing in the drafting of laws.
The Constitution would give the citizens rights that cannot be tampered with by future generations of the family. He dove more into the intricacies of the law and judicial structure of the era. He found that there were much more petty crimes than actual violent crimes. Violent crimes were high, but there were a lot less compared to the numbers of petty crimes in the Empire.
"Viswa, here is the list. Let's draft the constitution first." He handed the list of rights. It was the citizens rights for the constitution."
"Citizens right? And what is a constitution, Your Majesty?"
"It is a set of rules and regulations that govern the Empire and ensure the citizens have rights in the Empire." Harsha declared. "As long as they swore loyalty to the Empire. We have our duty to protect them from harm."
"I see, I trust your judgement." Viswa said as he got to work on the first draft.
Harsha planned to present the first draft of the constitution at the Royal Council. While the draft for the constitution was being written by Viswa. He was already planning the court system and law procedures that would shape the Empire.
The legal system would consist of many departments that overlook the procedures.
'General courts.'
He thought.
General courts would be the place where the pleas and legal cases take place. It is a place to resolve conflict and give the punishment for the guilty by the use of hard facts and evidence. Punishments are granted according to the severity of the crimes.
The general courts follow a pyramid structure where the highest court is on top and was called the Supreme Court. The ones right below would be called high courts and subordinate courts.
There was a chance of excessive requests flooding the general courts for petty crimes that could be resolved very quickly. This would lead to overclogging in the general courts.
'Hmmm. I will establish arbitrary courts then.'
These courts have a neutral figure, like an ex-judge mutually agreed upon by both parties, to listen to both sides and deliver a fair judgement. This was going to be limited to the light crimes and civil cases. This would reduce the strain on the general courts to resolve the petty crimes. They can address other cases that require their time. It would save a lot of resources for people and the Empire as well.
"I need to add some regulatory measures as well." He muttered and leaned back in the chair.
He stretched his back to relax a bit and thought of keeping an auditor in charge of the regulatory practices in the court. They would have to train an auditor and give him the qualifications to ensure regulatory activities.
Then dividing the cases into categories that were criminal, civil, and family. For civil cases and petty crimes, it would be innocent till proven guilty, whereas for heinous crimes, it would be guilty till proven innocent.
Harsha then drafted the plan for the police force to maintain law and order in the cities. The existence of the police task force would decrease the overall crime rate in most cities and villages. They would act and prevent crimes actively and as part of their routine. The police force would consist mostly of people from the army. They would be given some training to handle violence and other criminals.
There would be a secret police to monitor any treason and rebellions being plotted in the Empire with the use of foreign or domestic interference. The secret police would be the ones to look out for the internal safety of the citizens and the Empire. He already had an internal affairs team; it would be extended into this. Experience more tales on empire
"Your Majesty. The draft for the constitution is done." Viswa interrupted with an expectant look.
Harsha glanced up, breaking away from his thoughts. "Add these as well." He gave another list of the laws. He wanted to add in the constitution.
After a few hours of back and forth, they managed to draft their very first constitution. Harsha skimmed through the contents with a satisfied smile creeping on his face. Although the work of drafting laws for crimes was yet to be established, their empire's foundation was set.
"This is promising." He patted the shoulder of the exhausted Viswa. "You can take tomorrow off for your hard work."
Viswa also had a warm smile after receiving praise from the Emperor. He nodded and agreed to take the day off since he knew that the Emperor wouldn't like it if he disobeyed him and came to work.
"I shall present this to the Royal Council."
We, the denizens of the
Vijayanagara Empire
, bound by the eternal principles of
dharma
and united in our diversity, under the divine aegis of
His Imperial Majesty
, the First Citizen and Supreme Protector of Justice, do solemnly decree and ordain this Constitution.
On this
11th day of Magha, in the Year 1625 (20th February 1569)
, in the shadow of divinity and with the blessings of
Lord Virupaksha
, this sacred charter shall serve as the unyielding foundation of governance, ensuring prosperity, harmony, and justice for all who reside within the Empire.
Let this Constitution be an everlasting witness to the wisdom of the ages, the pursuit of equality, and the glory of Vijayanagara.
Part I: The Empire and Governance
Article 1:
The Sovereignty of the Empire
1. The
Vijayanagara Empire
shall forever remain a sovereign, unified dominion, safeguarding its territories, cultures, and peoples against any encroachment.
2. The dominion over land, resources, and wealth resides solely with the Empire, held in trust by the sovereign for the prosperity of the realm.
Article 2: His Imperial Majesty and the Royal Council
1.
His Imperial Majesty
, the Emperor, is the sanctified custodian of this Constitution, vested with the duty to preserve dharma, uphold justice, and ensure the flourishing of his subjects.
2. The
Royal Council
, a distinguished assembly of the Empire's wisest, shall serve as advisors to the Emperor in matters of statecraft, justice, and administration.
3. All legislative enactments, administrative decrees, and judicial amends of the Empire shall carry the Emperor's sovereign seal, granted only upon the Council's deliberation.
Part II: Fundamental Rights and Obligations
Section A: Fundamental Rights
Right to Equality
All subjects are equal before the law, irrespective of caste, creed, or origin. Discrimination is prohibited in all public spheres, including trade, temples, and governance.
Right to Justice
Every subject shall have access to the mechanisms of justice, which include arbitration courts, auditors, and imperial courts. Heinous offenses shall be dealt with under the highest severity; minor grievances shall ensure restorative justice.
Right to Property
All land is leased from the Empire. Residential leases are renewable every 99 years. Commercial and agricultural lands are distributed based on merit and capability.
Right to Livelihood and Housing
The Empire shall ensure opportunities for honest labor, trade, and agriculture. Housing shall remain affordable, and no dwelling may remain vacant for more than two years without state approval.
Right to Education
The Empire shall provide knowledge of dharma, scriptures, sciences, and arts to its subjects, fostering wisdom and prosperity.
Right to Worship
The freedom to practice one's faith without infringing on public order is sacrosanct.
Right to Remedies
Any grievance or violation of rights may be redressed through mechanisms established under this Constitution, including recourse to the Emperor's court.
Section B: Duties of Citizens
1. To honor and uphold dharma, respecting the laws of the Empire.
2. To labor for the Empire's welfare through agriculture, trade, or service.
3. To safeguard sacred temples, rivers, and forests.
4. To defend the realm from adversaries.
Part III: The Departments of Justice
Article 1: Structure of Justice
The administration of justice within the Empire shall be entrusted to the following institutions:
The Supreme Judiciary
1. The Supreme Court shall serve as the supreme tribunal, presiding over cases of utmost importance, including constitutional interpretation and state crimes.
2. The judiciary shall be organized into a hierarchy of courts, with village assemblies handling local disputes and royal courts addressing significant grievances.
Arbitration Courts
1. Arbitration shall serve as the primary mechanism for resolving civil and light criminal disputes.
2. Arbitrators, appointed by mutual consent of disputing parties, shall deliver binding resolutions within a strict 60-day period.
The Office of Auditors
1. Auditors shall investigate compliance with financial regulations, labor laws, and trade practices.
2. The audit structure shall include three tiers: local auditors, the auditor general, and the supreme auditor, empowered to impose penalties or recommend liquidation.
Secret Police
The Empire's clandestine force shall root out treachery, corruption, and conspiracies, reporting directly to the Emperor.
Regular Police
Tasked with maintaining law and order, enforcing decrees, and protecting the citizenry, the police shall operate under local leaders with oversight from the Royal Council.
Article 2: Rights and Duties of Justice Departments
1. The judiciary shall ensure that no individual is deprived of life or liberty without due process of law.
2. Arbitrators must maintain neutrality and deliver verdicts adhering to dharma and the Empire's laws.
3. Auditors shall uphold transparency, ensuring that offenders are fined, imprisoned, or, in extreme cases, recommended for execution.
4. Secret Police are authorized to conduct covert operations, intercept communications, and detain individuals posing a threat to the realm.
Part IV: Penal Code and Sentencing
1. Crimes are categorized into
heinous
(e.g., murder, child exploitation) and
minor
(e.g., petty theft, non-violent disputes).
2. Heinous crimes may attract capital punishment or public corporal penalties; minor offenses are rehabilitative in nature.
3. A
three-strike rule
shall mandate the death penalty for individuals committing three heinous crimes.
4. Custodial periods exceeding sentence duration shall grant the accused freedom.
Part V: Miscellaneous Provisions
Environmental Stewardship
1. Forests, rivers, and wildlife shall be protected, and irrigation infrastructure expanded.
Official Seal and Language
1. The
boar
(Varaha) shall serve as the Constitution's emblem, signifying justice and strength.
2. Sanskrit and Kannada are official languages for decrees, while regional tongues may serve administrative purposes.
Signatories
His Imperial Majesty, Sri Harsha Deva Raya,
The Royal Council
Witnessed by Lord Virupaksha(Patron Deity)