CONSTITUTION AND RULES
The Party shall protect the following Declaration Of The Sovereignty Of A Citizen (made in the first person):
1. Our existence is separate
The chain of events leading to my birth, essentially unrelated in any way to the political boundaries that I see today, places me in the environs of a particular society, to which I am related essentially through my parents. But ultimately, I am an independent link of the chain, existing today for reasons best defined by me and understood by me, alone. I alone can actually feel pain when I nick myself, not my nation, nor even my family. I alone can think for myself. Not my nation, nor even my family. No institution of organization can be created that undermines this individuality.
2. My compact with society, government, nation
I had powers of existence defined unto me the moment I was born, and my parents through the society had protected this power through a contract, restraining those who would diminish this power in any way, and enabling those who would cherish and further it so that I was safe while I grew into myself. That contract was for the creation and support of a government and consequently of a nation, through transferring my task of self-defence to other free citizens in lieu of payment. The nation was created by us, through our joint acquiescence, thus, primarily to protect ourselves, and its sanctity remains as long as this fundamental compact is honored. No institution shall seek to capture power over the individual domain or otherwise undermine this fundamental compact.
3. Loaning additional powers
Further, all of us, jointly, through mutual discussion and debate, temporarily authorize the government from time to time to do what we jointly consider as being "good" for us and our families, such as providing common services and goods which we cannot profitably provide as individuals to ourselves. But those are not part of the essential, inter-generational national contract and such additionalities are subject to review based on new information and new technology.
4. Fair Society
I work toward a society where able bodied persons work in legally and socially acceptable occupations for their self-interest and are rewarded for their contributions in proportion to the quality and effort expended, the measure of which is the mutually determined demand for that labor through bidding of services in open competition. That society is called a "Fair" society since it is equitable in terms of reward being fully and mutually determined. Those that are not able, by virtue of their physical or mental limitations, nevertheless are equally deserving of the merits of the efforts in comparable proportion to that which they might reasonably obtain if their limitations were removed.
5. My obligation and method to review these arrangements
Everything that existed in the past existed without my permission. I can do nothing about it. But any existing arrangement that desires to exist while I am aware must get my permission to exist from that moment, either explicitly, or, as is more common, implicitly. If I do not wish to permit it to exist, I can use the powers of voice to challenge it, and with mutual consent of my fellow sojourners, change it. That is my chosen obligation and the only mutually acceptable method available. Should my efforts, and those of other like-minded persons, fail to achieve such change due to lack of a majority, I remain obligated to maintain the existing arrangement without losing the right to continue my efforts to get it changed.
6. My obligation to others
I have no obligation to tend for other humans in my nation once I have paid the dues mutually determined. That does not mean that I become uncivic. I retain the right, as a free citizen, to contribute in cash or in kind, over and above the taxes I pay, to help causes which I believe as being good for the society in which I wish to live.
- sd -
Free Citizen of Free India
Nomenclature & Identity
Article 1: NAME
The name of the Party shall be "Victory of India Party" (hereinafter referred to as "The Party").
Article 2: OBJECTIVES
1. The primary objective of the Party is to work as a public forum for the well-being and advancement of the people of India through the expansion of their freedoms and liberty of faith, economic choice and expression, to the extent that such freedoms are non-invasive over similar liberties of other citizens.
2. It is committed to opposing socialism and other collectivist principles and to promoting a small but strong government which provides the least number of reasonable restrictions on the liberties of citizens.
3. The Party shall strive to promote active citizenship and provide an avenue to good people to enter into politics and nation building.
4. The Party shall help create policies and laws which ensure that in the event that the government is in any way less than perfect, the system will make it impossible for anyone with ulterior motives to even attempt to be dishonest and corrupt.
5. The Party shall seek to represent the citizens of India through electoral processes at all levels.
Article 3: GUARANTEE
1. The Party shall guarantee the integrity of candidates sponsored for elections by the Party at all levels.
2. Wherever and whenever elected by the People of India to represent them as a government, the Party shall guarantee good governance as per the Party Manifesto.
3. The Party shall act as a watchdog on behalf of the People and if any Party candidate becomes corrupt on being selected as Minister, or to any Party position, and compromises the highest standards, such person shall be expelled from the Party after due inquiry, and the inquiry report placed on the internet and submitted to the government for necessary action under the various laws in the case of Ministers and elected public officials.
Article 4: FUNDAMENTAL BELIEFS
A) The Party shall bear true faith and allegiance to the Constitution of India as by law established and to the principles of secularism and democracy and would uphold the sovereignty, unity and integrity of India.
B) The Party abides by the following fundamental beliefs
1. Innate equality among all peoples everywhere
a) All human beings are created equal in an essential way. Equality of opportunity has to be the founding principle of an equitable society.
b) Political groups which use differences of religion, caste, or language, to come to power, have hurt India very badly both before and after independence.
c) Till about 1750A.D. India occupied complete economic equality with the advanced nations of today. Even at the time of independance, India was much more equal to the West than it is today. The current economic inequality is primarily rooted in systems created by us.
2. Liberty and mutual respect
a) Human rights and liberty are more precious than wealth.
b) We may differ from our brothers in the way of achieving the goals, but we shall respect all dissenters and hear them out, in full, carefully understanding their argument. Democracy needs real freedom of speech, as well as patience of all concerned.
c) We believe in democracy, both conceptually, and practically in the way it is defined in the Indian Constitution. Dictatorship is the worst enemy of the people.
d) Religion is a purely personal matter never to be brought into the area of poltical discourse, and no religion is supreme nor worth fighting about. All religions are to be fully respected.
3. Belief in self
a) Each human life counts, or can count, if one makes it count. Each of us can consciously choose for ourselves a courageous role in life, standing up for what we believe in. We are a nation of one.
b) India has a destiny to fulfil; a role to play on the stage of the world. That role is not small. But it has to be earned through technological and economic superiority, and by promoting innovation at all levels. Nobody is waiting to gift us this role, for free.
c) Indians shall be not merely considered as spiritual curiosities but respected as the leaders of the world. We shall make this happen. At the moment the world perhaps chuckles to hears such "tall claims." Perhaps rightly so. But it is within our capacity to get the respect we think we deserve.
4. Nation, government, citizens and markets
a) To the free man, the country is the collection of individuals who compose it, not something over and above them.
b) The citizens of a free nation, when voluntarily exchanging goods and services, and valuing these goods and services through their interaction are said to constitute a market. In this mode of interaction, individual choice is given full respect. This mode may not be the best mode or even a feasible mode of interaction, for all situations.
c) Government is an entity which can be said to have a contractual obligation to fulfil certain tasks given to it to do by the People. It cannot unilaterally take on tasks which it is not asked by the People to do. One of the key tasks given to government is to determine the 'rules of the game' of markets and to umpire and enforce these rules.
d) Civil society is premised on individual freedom and responsibility, and on limited and accountable government. It protects the individual from the intrusive state, and connects the individual to the larger social and economic order.
e) A simple methodology to analyze the kind of role that the citizens and government need to play is given below:
Is it possible for citizens to solve the problem themselves, if properly guided by government? Yes/ No.
* If No, then is there any logic or evidence which says that the government will do a much better job? Yes/ No.
If Yes, then give the job to government.
* If Yes, then leave it with the citizens straight-away.
f) Ultimately, this is an empirical question. In practice (as opposed to theory), do imperfect markets work better than imperfect governments. In practice, do competition, incentives to effort and innovation, and survival of the fittest in the marketplace - however flawed the market may be - work better than bureaucrats supposedly pursuing the public interest?
g) Clearly, there is a role for government not only in the basic tasks of governance, but in economic activity. But that role is very, very small. There is much to be said in favour of an intelligent, small government, applying strong economic incentives to get the best results out of the people.
5. Orientation toward action, using the scientific attitude.
a) That we have no time to listen to a discourse on India's problems, or whence they came about, but only in finding the best solution to those problems, TODAY.
b) A major solution to the problem is perhaps as follows: promoting competition in the production of the best goods in the world. This means that people need to be provided opportunities commensurate with their effort, and suitable incentives to compete.
c) That regardless of the purpose for which one intends to use it, wealth must first be produced. Whatever it takes to convert India into a land of entrepreneurs, will be done. Wealth creation is the supreme objective. The only logical way to rid of poverty is to make everyone richer.
d) That communism and socialism are defective in their fundamental understanding of human motivation and incentives and hence people have to be persuaded to throw out these theories of social organization. Even Germany and Britain (nations associated with Marx) cared not for this fake intellectualism which has only brought ruin to each peoples who embraced these utopian theories. We can respectfully bid goodbye to these failed views of human behavior, and focus on the scientific study of human beings, instead.
Article 5: FLAG
The Flag of the Party shall comprise of three vertical stripes - coloured deep blue, white, and gold, in the ratio of 1:1:1 with the election symbol of the Party in red in the middle of the white portion equal to half of its size. The blue portion will be near the mast.
Article 6: ELECTION SYMBOL
The election symbol of the Party shall be "the Victory Symbol."
Article 7: MEMBERSHIP
1. Any citizen of India of the age of 18 or over, residing anywhere in the world, who accepts the Constitution of this Party, which includes the right to amend this Constitution as per prescribed procedure, through a written declaration in the format as may be prescribed, and who agrees to pay regularly the Party membership dues as may be prescribed from time to time, and to carry out decisions of the Party as duly authorized, shall be eligible for Party membership, provided that he or she is not a member of any other political party.
2. Each member shall choose one place in India from where he/she shall be active as a member, and shall furnish all addresses/ phone numbers/ e-mail where he/ she can be contacted. A member will have to apply in writing to the Parliamentary Committee concerned for a change of place if he/she wishes to be active from some other place in due course. Such change will involve removal from the membership register of the earlier place.
3. At the commencement of the Party, the three-year membership fee shall be Rs.100 per member, to be payable along with a Rs.50 fee for an ID card. The fee will be reviewed every three years.
4. The subscription received from the members shall be distributed in the following proportion: National 10% State 15% Parliamentary 25% Legislative 25% Mandal 25%.
Article 8: MANAGEMENT OF MEMBERSHIP
1. Membership forms of the Party shall be made freely available on the internet or from each Local / Mandal/ Assembly/ Parliamentary Committee office. Membership forms shall also be issued in the form of books containing 10 forms each, to be issued to each member who desires to enrol other members.
2. The sole authority for acceptance of any membership shall be the President of the respective Parliamentary unit who shall ensure authenticity of the applicant through field enquiry.
3. Each member will be allotted a unique serial number. The number will begin with the Parliamentary Constituency number, and will be followed by the Legislative Assembly number, and other numbers as approved by the Parliamentary committee concerned.
4. Each member of the Party will be issued an ID card containing the photograph of the member, to be signed by the President of the Local Committee concerned after verification.
Article 9: REGISTER OF MEMBERS
1. The Parliamentary Committee shall maintain an up-to-date list, called Register, of members Assembly-wise, as hardcopy and softcopy on the computer, and furnish a hardcopy, duly certified by the President, to the State unit on request. Any unit which fails to comply with such request within 15 days shall be liable to stringent disciplinary action.
2. The register so prepared shall contain the serial number, full name, father's or husband's name, age, address, e-mail address, and the date of enrolment of every member as well as the year and earlier serial numbers of membership on earlier enrolment/s in the Party.
3. The full name, father's name, and e-mail address of all members will be displayed on the internet web site of the Party, updated as on the 1st of January of a given year.
4. A detailed statistical proforma of the total number of members, each local committee and Mandal-wise, Assembly-wise would be sent to the State office every three months. While preparing the proforma the number of those members who have died or resigned or were removed during the term would also be mentioned and their number reduced from the total list.
Article 10: SCRUTINY OF REGISTER OF MEMBERS
1. A copy of the Membership Register of each Mandal will be sent to the concerned Mandal Committee for inspection by any members of the Party on production of ID card.
2. All complaints regarding irregularities in the Membership Registers shall be resolved by the concerned Parliamentary/ State Committee and the records rectified accordingly.
3. If a member is not satisfied with the decision of the Parliamentary Committee, he/she shall appeal for intervention to the State unit.
4. If large scale irregularities are reported, the State/ National Executive may take such action as it considers necessary.
Organisation and Inner Party Democracy
Article 11: ORGANISATIONAL STRUCTURE
A) For purposes of decision-making and operation, the Party shall be organized into the following constituents.
1. National level:
(a) The Plenary or Special Session of the Party;
(b) The National Council; and
(c) The National Executive.
2. State level:
(a) State Councils; and
(b) State Executives.
3. Regional Committees
4. Parliamentary Committees.
5. Assembly Committees.
6. Mandal Committees.
7. Local Committees.
B) At the initiation of the Party and until such period as may be necessary, levels below the State shall be waived and ad-hoc arrangements made depending upon the number of members.
Article 12: AREAS OF OPERATION
1. State units: The State units of the Party will conform in area to the States and Union territories mentioned in the Constitution of India.
2. Regional units: The area of operation, powers and functions of such committees shall be defined by rules made by the National Executive.
3. Parliamentary Committees: Area of a Parliamentary Committee shall be the same as of the Parliamentary Constituency in the concerned state.
4. Assembly Committees: Area of an Assembly Committee shall be the same as of the Assembly Constituency in the concerned state.
5. Mandal Committees: The area of the Mandal Committees will be determined by the State Executive concerned. No Mandal Committee shall have more than 50,000 population.
6. Local Committees: The area of the Local Committees will be determined by the Parliamentary Committee concerned. No Local Committee shall have more than 5000 population.
Article 13: LOCAL COMMITTEE
1. A Local Committee will be formed once at least 40 members have been achieved in the given area. Where the population of the area is less than 2,500, the number of members required shall be at least 20.
2. The Committee shall comprise 11 members, elected directly simultaneously at one place by all the members from the area who are present. Since members could also be living outside the area, notice shall be issued by the Parliamentary unit two months ahead of the elections.
3. The President of the Local Committee shall then be elected by its members after two weeks through a separate election.
4. Each member of the Local Committee shall pay a Term Fee equal to 10 times the membership fee of the Party within 3 days of being elected.
5. The President will appoint a Vice-President, one Secretary, and one Treasurer from amongst the members of the Committee who have paid their Term Fee, on the 4th day after election.
6. Term Fees will be retained at the Committee for office management.
Article 14: MANDAL COMMITTEE
1. The Mandal Committee shall consist of not more than 15 members, elected simultaneously at one place by the members of the respective Local Committees.
2. The President of the Mandal Committee shall then be elected by its members after two weeks through a separate election.
3. Each member of the Mandal Committee shall pay a Term Fee equal to 20 times the membership fee of the Party within 3 days of being elected.
4. The President will appoint two Vice-Presidents, One General Secretary, One Treasurer and Two Secretaries from amongst the members of the Committee who have paid their Term Fee, on the 4th day after election.
5. Term Fees will be retained at the Committee for office management.
Article 15: ASSEMBLY COMMITTEE
1. An Assembly Committee shall consist of not more than 19 members, elected simultaneously at one place by the members of the respective Mandal Committees.
2. The President of the Assembly Committee shall then be elected by its members after two weeks through a separate election.
3. Each member of the Assembly Committee shall pay a Term Fee equal to 50 times the membership fee of the Party within 3 days of being elected.
4. The President will appoint two Vice-Presidents, One General Secretary, One Treasurer and Three Secretaries from amongst the members of the Committee who have paid their Term Fee, on the 4th day after election.
5. Term Fees will be retained at the Committee for office management.
Article 16: PARLIAMENTARY COMMITTEE
1. Each Legislative Committee shall elect two members each on the same day for the Parliamentary Committee, provided that these elected members shall include a minimum number of persons belonging to Scheduled Castes/Tribes, equal to the Assembly seats reserved for them from that constituency.
2. The President of the Parliamentary Committee shall then be elected by its members after two weeks through a separate election.
3. Each member of the Parliamentary Committee shall pay a Term Fee equal to 100 times the membership fee of the Party within 3 days of being elected.
4. The President of the Parliamentary Committee shall nominate from amongst the members of his Committee who have paid their Term Fee, on the 4th day after election, not more than Three Vice-Presidents, One General Secretary, One Treasurer and not more than Four Secretaries.
5. Term Fees will be retained at the Committee for office management.
Article 16: STATE COUNCIL
1. Each Parliamentary Committee, within one week of its formation, shall elect two members for the State Council, provided that these elected members shall include a minimum number of persons belonging to Scheduled Castes/Tribes, equal to the Parliamentary seats reserved for them from that constituency.
2. Additionally, a State Council shall consist of all MLAs and MPs of the Party from that state and all former Presidents of the State Executive.
3. Each member of the State Council who does not become a member of the State Executive shall pay a Term Fee equal to 150 times the membership fee of the Party within 3 days of formation of the State Executive.
4. Term Fees will be transmitted to the State Executive.
Article 17: STATE EXECUTIVE
1. Members of the State Council will elect, simultaneously at one place, and within one week of the formation of the Council, not more than 41 members to the State Executive.
2. The President shall then be elected by members of the State Executive after two weeks through a separate election.
3. Each member of the State Executive shall pay a Term Fee equal to 250 times the membership fee of the Party within 3 days of being elected.
4. The President will appoint not more than Three Vice-Presidents, Two General Secretaries (One of them to be General Secretary-Organization), Three Secretaries and One Treasurer from amongst the members of the Executive who have paid their Term Fee, on the 4th day after election.
5. Term Fees will be retained at the Executive for office management.
Article 18: THE STATE SHADOW CABINET
1. Each member of the State Executive shall choose one out of the twenty areas listed in Schedule I to this Constitution and be part of the State Shadow Cabinet. The President shall allocate Shadow Portfolios to each member keeping their preferences in mind. The member of the Shadow cabinet shall then specialise in that area.
2. The Shadow Cabinet will bring out an annual report critiquing the existing policies of the State.
Article 19: STATE ADVISORS
1. The President of the State Executive, on the recommendation of the shadow cabinet, will appoint 20 advisors from outside the Party, who will work voluntarily with the Shadow Cabinet to research and prepare policy agenda for the shadow cabinet. These would preferably be senior academicians or business executives of Indian origin.
2. Advisors will be paid an honorarium to be determined by the State Executive.
Article 20: NATIONAL COUNCIL
1. Each State Council, within one week of its formation, shall elect members for the National Council equal to twice the number of Lok Sabha seats allocated to that State, provided that these members shall include a minimum number of persons belonging to Scheduled Castes/Tribes equal to the number of seats reserved for them from that State.
2. Additionally, the National Council shall consist of all the Party Members of Parliament, all former National Presidents, and members (not more than 20) nominated from under-represented areas by the National President.
3. Each member of the National Council who does not become a member of the National Executive shall pay a Term Fee equal to 150 times the membership fee of the Party within 3 days of formation of the National Executive.
4. Term Fees will be transmitted to the National Executive.
Article 21: THE NATIONAL EXECUTIVE
1. Members of the National Council will elect simultaneously and at one place, not more than 75 members to the National Executive, within two weeks of formation of the Council.
2. The President shall then be elected by members of the National Executive after two weeks through a separate election.
3. Every member of the National Executive shall pay a Term Fee equal to 1000 times the membership fee of the Party within 3 days of being elected.
4. The President will appoint not more than seven Vice-Presidents, not more than five General Secretaries (One of these to be General Secretary-Organization), One Treasurer and not more than Seven Secretaries from amongst the members of the Executive who have paid their Term Fee, on the 4th day after election.
5. The internet web site of the Party will be maintained by a completely independent organization approved by the National Executive.
Article 22: THE NATIONAL SHADOW CABINET
1. Each member of the National Executive shall choose one out of the twenty areas listed in Schedule II to this Constitution and be part of the National shadow cabinet. The President shall allocate Shadow Portfolios to each member keeping their preferences in mind. The member of the Shadow cabinet shall then specialise in that area.
2. The Shadow Cabinet will bring out an annual report critiquing the existing policies of the country.
Article 23: NATIONAL ADVISORS
1. The President of the National Executive, on the recommendation of the shadow cabinet, will appoint 40 advisors from non-party members who will work voluntarily with the shadow cabinet to research and prepare policy agenda for the shadow cabinet. These would preferably be senior academicians or business executives of Indian origin.
2. Advisors will be paid an honorarium to be determined by the National Executive.
Article 24: THE PLENARY OR SPECIAL SESSION OF THE PARTY
(A) Plenary session
1. The following from below shall be invited to attend the Plenary Session :
(a) All members of the National Council;
(b) All members of the State Councils;
(c) All members of the Party in Parliament;
(d) All members of the Party in State Legislature; and
(e) Any other category of members agreed upon by the National Executive for the Session.
2. A Plenary Session of the Party shall be held once each year at such time and place as may be determined by the National Executive.
3. The National President shall preside at the said session.
4. Proof of despatch of notice by ordinary registered post shall be considered as proof of invitation.
(B) Special Session
1. In addition to the annual Plenary Session, any number of Special Sessions of the Party can be held if the National Executive so decides or if at least 100 members of the National Council jointly make a request to the National President to convene such Session for discussing an agenda specified in the request.
2. All members of the National Council shall be invited to the Special Session.
Article 25: POWERS AND JURISDICTION
1. All ordinary decisions taken at a Plenary Session or a Special Session by ordinary majority shall be binding on all members and units of the Party.
2. The National Council shall be the highest policy making body of the Party.
3. The National Executive shall be the highest decision making authority of the Party. Every power not specifically vested in any other organ by the Constitution or by specific decisions of the Plenary Session shall be exercisable by the National Executive. It shall lay down rules for carrying out the functions of all units and organs. It shall frame rules for the maintenance of funds which will be audited and approved annually. It shall be the duty of the National Executive to allocate the powers of all other units and organs, to create machinery for holding elections and for settlement of disputes therefrom.
4. All other organs and units shall perform such functions and carry out such duties in their respective areas as may be determined by the National Executive.
Article 26: REQUISITIONED MEETING
1. The number required for making a quorum for the Executive/ Committee or Council meetings will be necessary for making a joint representation to the concerned President specifying the subject for which a requisitioned meeting is asked for.
2. On receipt of such a requisition, a Committee or Executive meeting shall be called within ten days and a Council meeting within one month.
Article 27: CENTRAL ELECTION COMMITTEE
If and when the Party is registered by the Election Commission, the National Executive shall set up a Central Election Committee consisting of 11 members elected by the National Executive, as per rules, for the purpose of making final selection of candidates for the State Legislatures and Parliament and conducting election campaigns.
Article 28: STATE ELECTION COMMITTEE
By framing necessary rules the State Executive shall elect a State Election Committee of not more than 15 members :
(a) To propose names of Party candidates for Legislature and Parliamentary seats from the State to the Central Election Committee;
(b) To make final selection of Party candidates for the various Local Body Elections, Co-operative institutions and the like; and
(c) To conduct election campaigns in the State.
Article 29: QUALIFICATIONS TO BE A PARTY CANDIDATE
The National Executive shall prescribe a general format for application to be a candidate for elections on behalf of the Party. It will require furnishing of an asset statement and income tax statements of the past 3 years, proof of Party experience of one year, proof of financial solvency, and proof of experience in public speaking and administration. An undertaking will have to be made that no charges framed by a court of law in any criminal case are pending against the applicant.
Article 30: DISCIPLINARY ACTION
1. Disciplinary Action Committees of not more than 5 members will be constituted by the National and State Executive respectively at the National and State levels. These Committees shall draw their own procedures.
2. A State Disciplinary Action Committee can take action only against units subordinate to it and individuals other than Members of the National Council and Members of Parliament.
3. On receipt of a complaint for breach of discipline, the National President or the State President, if he so decides may suspend an individual or a Unit. Breach of discipline includes the following :
(a) Opposing the official candidate of the Party in elections.
(b) Wilfully disobeying instructions or orders passed by a competent authority of the Party.
(c) Taking a Party dispute to any other agency outside the Party, and in particular, acting in a way calculated to lower the prestige of the Party or carrying on public propaganda.
(d) Collecting funds for the Party unauthorisedly, misusing the Party or indulging in malpractices in enrolment of members or in the conduct of Party elections.
4. The DACs shall in particular take strong action against any public functionary such as Minister belonging to the Party and found to prima-facie guilty of corruption and mis-use of power.
5. No final decision for breach of discipline shall be taken against any individual or a Unit without an opportunity being given to the individual or Unit concerned to explain and answer such charges as are made against it or him/her.
6. The State President will forward the said complaint alongwith the explanation received thereto by the individual or the Unit to the Disciplinary Action Committee which will submit its report to the President in not more than two months.
7. The State President will ordinarily take action consistent with the recommendation of the Disciplinary Action Committee within one month. But if he so desires he may refer the said report for the consideration of his Executive within one month and thereafter action will be taken according to the decision of the Executive with in one month.
8. Any disciplinary action at the State level shall be reported to the National President within a week of taking such action.
9. Any Unit or member aggrieved by the disciplinary action taken by the State Unit may go in appeal within 15 days to the Central Disciplinary Action Committee which shall be disposed off within two months. But any appeal against the decision of a State Executive will be considered only in the next meeting of the National Executive.
10. Any member contesting election against the official candidate of the Party will be summarily expelled from the Party by the State President or the All India President. The State President shall intimate the appellant about the decision taken on the report of the Disciplinary committee within one month.
Article 31: SITTINGS
1. Sittings of the various Units of the Party shall be held at least as under :
* National Council and State Council-Once every Year.
* National Executive and State Executive-Once every three months.
* Parliamentary, Regional and Assembly Committee-Once every two months.
* Mandal and Local Committee-Once every month.
2. In case no meeting of a Regional, Parliamentary or a Mandal Committee is held even once in six months, the Unit will automatically stand dissolved. If a Unit becomes inactive, the State Executive will have the power to dissolve the Unit upto the Parliamentary level after giving it an opportunity to explain. The State President will nominate an ad-hoc body to look after the work of the dissolved Unit. Normally, elections, will be held within months of the ad-hoc arrangement. But, if even after six months a duly elected unit is not formed, the earlier announced ad-hoc body shall be replaced by another ad-hoc arrangement.
Article 32: NOTICE FOR SITTTINGS
Ordinary Emergency Meeting
Local Committee 5 days 2 days
Regional and Mandal 10 days 3 days
Parliamentary Committee 15 days 5 days
State Executive 21 days 7 days
National Executive 21 days 7 days
State/National Council 40 days 10 days
Article 33: VACANCIES
1. Members absenting without approval for three consecutive meetings of their Unit will be liable to be removed by a resolution of the concerned Unit.
2. President of a Local, Mandal, Parliamentary or a Regional Committee can be removed by a resolution passed by a 2/3 majority of the members present and voting in a meeting of the Unit concerned. Provided a written notice signed by not less than half of the members of the Committee is sent to the President of the concerned Higher Committee, on receipt of which he will nominate an office-bearer/member of his committee to call an emergencey meeting of the lower Committee under the nominee's chairmanship where the notice will be taken up.
3. A President can remove an office-bearer nominated by him only after a motion to the effect is adopted by his Committee.
4. The All India President or a State President can be removed by a resolution passed by a 2/3 majority of the members present and voting at a requisitioned meeting of the National or the State Council as the case may be.
5. To fill vacancy in any Committee or a Council the remaining elected members of that body will be entitled to fill the vacancy.
6. Vacancy of the President of any Unit will be filled in the same manner as was done originally, till then an ad-hoc appointment will be made by the President of the higher body who in turn will nominate his office-bearers from amongst the members of the existing Committee/Executive.
7. No post will remain vacant for more than 6 months.
Article 34: QUORUM
1. Quorum for all Committee/Executive meetings shall be one-third of the strength of the Unit or ten, whichever is less.
2. Quorum for all Council meetings will be one-tenth of the total strength of the Council.
3. A meeting adjourned for lack of quorum will meet again after the same lapse of time at the same place and time to transact the same business. Provided that there shall be no need of a quorum for an adjourned meeting.
Article 35: OFFICE BEARERS
1. The term of each Council/Executive/Committee and all office-bearers and members thereof shall be three years.
2. No Party member shall hold a position of profit in government and an executive position in the Party at the same time.
3. No member will hold the post of a President consecutively for more than one term.
4. At the National, State and Parliamentary levels only a whole time worker shall be appointed as General Secretary (Organization). He/she will be eligible to contest any Party election only two years after his/her relinquishing office.
Article 36: FUNCTIONS OF THE OFFICE-BEARERS
1. To Preside over the sittings of the concerned Commitee or Council or Executive.
2. To nominate, as per the Constitution, members/office-bearers to his Committee/Executive.
3. To allocate the work and duties among the office-bearers and members of the Committee/ Executive.
4. To exercise any power of his Executive/ Committee, in an emergency, when it is not in session provided that any such action will have to be approved in its subsequent meeting.
5. To take part in talks with other Parties and to nominate representatives from the Party for the work.
6. To decide the date of the Committee/ Executive meeting and to convene the meeting as per rules of the Party Constitution.
7. To appoint Presidents for the various Cells of the Party and to co-ordinate their functioning.
8. To conduct workers Study Camps and Conferences as organised by the Committee/Executive.
9. To guide the Committee/ Executive in implementing programmes for furthering the organisational and constructive activities of the Party.
10. The Presidents of the various units are authorised to spend upto the following amounts on their own :
* President of Local Committee: upto Rs. 50/-
* President of Mandal Committee: Rs. 200/-
* President of Parliamentary and Regional Committee: upto Rs. 1000/-
* President of State Executive: upto Rs.10,000/-
* National President: As considered advisable If under unavoidable circumstances, amounts more than authorised are spent, it would be essential to get the necessary approval at the very next meeting of the Committee/Executive.
1. To carry out the responsibilities as directed by the President.
2. In the absence of the President the Vice-President specially authorised by the President in writing, will preside over the meeting. If no such direction has been made, any one of the Vice-Presidents, and if all the Vice-Presidents are absent then the Committee/Executive can call on any one of its members present to preside.
3. In place of the President, the Vice-President directed by the President will discharge all the functions and powers of the President.
C) GENERAL SECRETARY
1. To convene meetings as per the instructions of the President, issue circulars and agendas as well as to organise the meetings.
2. To maintain the minutes of the meeting and to circulate it among members.
3. To organise programmes, meetings, conferences, agitations and to look after publicity.
4. To run the office of the Party and make necessary appointments with the consent of the President.
5. To execute the decisions of the President and the Committee/Executive.
To discharge the functions allocated by the President and to help the General Secretary, if any, in his duties.
1. To maintain the income and expenditure account of the Committee/Executive.
2. To get the accounts examined/audited and to report the same to the Committee annually.
3. To audit the accounts of all subordinate units.
Article 37: PROCEDURES FOR ELECTION OF OFFICE-BEARERS
1. Detailed Rules for Conduct of Elections and of disposal of objections or appeals therefrom will be framed by the National Executive.
2. Final publication of the electoral roll shall be done at Parliamentary level.
3. For Party elections, to be held without fail every three years, the National Executive would prepare the time-table and circulate the updated rules one year in advance.
Funds & Transparency
Article 38: PARTY FUNDS
1. Fund collection receipts will be printed at the State and National level.
2. Each receipt will be duly numbered and issued in books containing 20 receipts.
3. Each receipt shall bear a facsimile signature of the concerned Treasurer. The counterfoil will be signed in full by the member who collects the money.
4. Bank Account will be opened in the name of the Party upto the Local Committee level to be jointly operated by any two amongst the Treasurer and the President or the General Secretary of the Unit.
5. Amount of a purse presented to a State leader shall be divided as under: Local: 25 p.c., Mandal 15 p.c. Parliamentary 30 p.c. State 30 p.c. In case where a purse has been presented to a Central Leader, 1/2 would be remitted to the States.
6. Accounting year shall be from First April. Annual accounts of each Committee will be audited by a person appointed by a resolution of the concerned Committee and approved annually.
7. The Party shall never take any funds from convicted criminals or from criminal syndicates or corrupt officials or others. Anyone who collects such funds will be referred to the respective DAC.
8. All audited reports shall be placed on the internet and any citizen of India who wishes to inspect Party accounts shall be able to do so subject to procedures prescribed.
Rules & Amendments
Article 40: AMENDMENT OF THE CONSTITUTION
1. The Constitution can be amended, altered and added to, only by the National Council of the Party through a 2/3rd majority of those present and voting.
2. In exceptional circumstances, the National Executive may, by unanimous decision, decide to alter any provision - and that will come into operation immediately, subject to its subsequent ratification by the National Executive.
Article 41: POWER TO MAKE RULES
1. The National Executive through 2/3rd majority, has the power to make and amend rules as and when required, under the specific provisions of the Constitution.