Party Constitution


Article I:
Name of the Party

AZAD ADHIKAR SENA


Article II:
A. Principles and Basic Philosophy

  • Belief in Democracy and Constitution of India
  • Belief in Power of the Individual (Aam Nagrik ka Adhikar)
  • Belief that the rights of the citizen vis-à-vis the Executive lie superior, which cannot be taken away except the provisions of law as promulgated by the Legislature and as elucidated by the Judiciary.
  • Belief in complete equality among the people of all class, caste, religion, and gender.

B. Policies, Aims and Objectives of the Party

  • The primary objective of Azad Adhikar Sena is to instill in each citizen of India the feeling and concept that all the powers (Adhikar) and authorities lie in them, so that the citizen are the repository of all powers and authorities bestowed through the Constitution of India and through the various Statutes, Rules, Regulations, laws, Bye-laws and so on.
  • Azad Adhikar Sena will incessantly work for corruption free State which ensures complete dignity to each of its citizen and full unacceptability of Human Rights violation, in every sphere of life.
  • Azad Adhikar Sena will continuously work to secure for all the citizens: Justice, social economic and political – for everyone including the last person Liberty of thought, expression, belief, faith and worship Equality of status and of opportunity in all spheres of life, for individuals and communities And to promote among them all Fraternity assuring the dignity of the individual and the Unity and integrity of the Nation.
  • The Party shall continuously work to achieve its aims and objectives and to realize its Vision and Mission by strengthening strong peoples movement through all permissible democratic means so as to enable every citizen of this Nation to realize their rights in a participatory manner.
  • The Party shall continuously bear true faith and allegiance to the Constitution of India as by law established and to the Principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India.

C. Programme, functions and activities

To undertake all possible legally permissible political activities to achieve the above objectives and to transform the Vision in reality, while adhering to the Basic Philosophy of the Party.

D. Vision

To bring the real power granted in the Constitution and the laws of the Nation to the actual fold and hold of every citizen of this Nation, to enable them to realize their rights.

E. Mission

To undertake all possible legally permissible political, social and other activities to achieve the above objectives and to transform the Vision in reality, while adhering to the Basic Philosophy of the Party.

Article III:

A. Membership of the Party

Every citizen of India, aged 18 years or above, who subscribe to the aims and objectives of the Party, is eligible to become a member of the Party, provided that he or she

  • is not a member of any other political Party registered with the Election Commission of India 18 years are eligible to be members of the party.
  • is not a member of any organization whose views, policies or actions, basic philosophy, vision and mission are in conflict with the objectives of the Party; and/or
  • has not been convicted by a Court of law of any offence involving moral turpitude, where moral turpitude would mean an act or behavior that gravely violates the sentiment or accepted standard of the community, so that these offences would include crimes which shake or adversely affect the foundations of Indian society or any part of it.

Note- Whether an offence involves Moral turpitude or not shall be decided on case to case basis by the concerned Disciplinary Committee of the Party, which shall state reasons for making a decision in any particular manner and the reasons so stated must necessarily be made Public, except those parts of it which are prohibited by law of the land.

Note- It is being made clear that there is no restrictions on the membership of the party, and party membership is open to any adult Indian Citizen above the age of 18 years.

B. Category of Membership

There shall be two categories of members:

  • Ordinary member: Every person who becomes the member of the Party as per the procedure prescribed shall be an ordinary member. An ordinary member shall not have any voting right.
  • Active Member: An ordinary member shall become an Active member after completion of (06) six months of ordinary membership after fulfilling the required criteria and eligibilities fixed in this regards by the Party, unless he/she has been debarred from becoming an Active member through specific order or direction of the Party. An Active Member shall have the right to vote.

Note- The concerned Disciplinary Committee is empowered to declare a member to be ineligible as an active member, which shall issue a reasoned order in this regards, which shall be made public, except those part of it which are prohibited by law of the land.

  1. Membership Process
  2. A person shall become an Ordinary Member of the Party on submitting the prescribed declaration and payment of the membership fee as prescribed from time to time.
  3. The Party shall maintain a register of its members at the National, State, District and Vidhan Sabha level in the manner as may be prescribed in the Regulations.
  4. The National Executive and the State Executive shall have the power to confer the status of an Active Member on any person even before the required period of 06 months. No reasons need to be specified for making such decision.
  5. An Active Member shall pay membership fee as prescribed from time to time.
  6. A person can become a member of the Party ordinarily at his/her place of permanent residence and he/she cannot be a member at more than one place.
  7. lf any member changes his place of residence, he/she should get his address changed by giving intimation in writing to the concerned Units.
  8.  Term
  9. Term of ordinary member will be for life unless he/she ceases to be a member due to any of the reason as described hereunder.
  10. The term of active membership shall be 03 (Three) years. A member shall have to get his membership renewed after every 03 years. For the purpose of this clause a year shall be the period commencing from 1st of April of a calendar year or the date of enrolment of a member up to 31st of March of the succeeding year.
  • Cessation of Membership

A person shall cease to be a member of the Party in the event of:

  • Death;
  • Resignation;
  • Expulsion/Removal;
  • Non Renewal of Membership
  • lf he/she joins any other political party
  • On being convicted by a court of law for a crime involving moral turpitude, where the aspect of moral turpitude has been dealt with in details in above Para
  •  Suspension from Membership

The State Executive or the National Executive may suspend an Active Member from the membership of the Party pending disciplinary proceedings.

Article IV: The organizational structure of the Party shall consist of the following organs at the Primary Level, State and National Levels:

  1. Primary Level

(i) Village Committee- for each Gram Sabha (Village Panchayat)

(ii) Block Committee- for each Development Block (Mandal) as designated by State Government and for Blocks, as designated by the Party for urban areas, purely for Party purposes

(iii) Vidhan Sabha Committee- for each Vidhan Sabha (Assembly) area

(iv) District Committee for the districts, including large cities and Metros where Districts shall be described, fixed and defined by the National Executive as per the local facts and conditions.

(v) Various Regional Committees- at Mandal (Commissionary) level, Zone level made of a few Commissionaries and regional levels made of a few Zones, formed as per the requirements and needs of each State. These Mandal Committees, Zonal Committees and Regional Committees shall be formed by the National Executives as per the requirements of each State.

2. State Level

(i) State Council

(ii) State Executive

3. National Level

(i) National Council

(ii) National Executive

In addition, various wings of the Party shall also be there, which shall be known by the names designated by the National Executive.

The National Council shall have the right to create and constitute one or more such Special Wings on permanent or temporary basis, as per the requirements and needs of the Party.

All these Wings shall work as Interest Groups for their respective assigned set of people. The work, aims and objectives of these Wings shall be fixed by the National Council on the recommendations of the National Executive. The prime objective of each of these Wings shall be to undertake all possible legally permissible political activities to safeguard the interests of their target groups, while fully abiding by the basic aims, objectives, vision and mission of the Party.

The process of election of all these Wings shall be fixed by the National Council, as per the needs and requirements of these wings.

The Term of every office at each level including the various Wings created from time to time, right from village level to National level, shall be 04 (Four) years and elections shall necessarily get completed at least 01 month before the end of the term of the concerned office-bearers, so that no office bearer remains in his office after the completion of his term of 04 years.

There might be certain number of nominations to each of these Committees/Bodies at various levels as per the decisions made by the National Council but the total number of nominations in each of these Committees/Bodies at every level shall be so restricted as not to exceed one-third (1/3rd) of the strength of the given Committee/Body. No office shall be hereditary or held permanently.

Local Committees

  1. Village/Ward Committee

It shall consist of all members (both ordinary and active members) in a Gram Sabha (Village Panchayat) or Ward Sabha (Ward Committee). The Village/Ward Committee shall be headed by a Gram Adhyaksh (Village President) or Ward Adhyaksh (Ward President) to be assisted by a Gram Upadhyaksh (Village Vice President)/Ward Upadhyaksh (Ward Vice President) and a Gram Sachiv (Village Secretary)/Ward Sachiv (Ward Secretary). There shall be periodic regular election after every 04 (Four) years in each Village/Ward Committee where the Village/Ward President, Village/Ward Vice President and Village/Ward Secretary shall be chosen among the contestants, purely on the basis of majority of votes obtained by various contestants in each category, as per voting by the voters in secret voting, whose names are there in the electoral rolls of the concerned Village/Ward Committee. These elections shall be conducted by the Election Committee formed by the District Committee. Other procedure regarding elections of the Village/Ward Committees and their office bearers, shall be decided by the Party through due process of Party regulations in compliance of this Constitution.

  • Block Committee

It shall consist of a maximum of 25 members for each Block, as designated by State Government in rural areas and for each Block, as designated by the Party, for Party purposes, in urban areas. The Block Committee shall choose one person amongst itself as Block President, one person as Block Vice President and one person as Block Secretary. There shall be periodic regular election after every 04 (Four) years for members of each Block Committee where all the Village/Ward President, Village/Ward Vice President and Village/Ward Secretary of the given Block shall vote in secret voting. The elections for members of Block Committees shall be on the basis of majority of votes secured by the contestants in these elections. These elections shall be conducted by the Election Committee formed by the District Committee. The Block President, Block Vice President and Block Secretary shall be chosen by the members of the Block Committee among themselves as per the procedure established by the Party through due process of Party regulations in compliance of this Constitution. The elections to the posts of Block President, Block Vice President and Block Secretary shall also be held periodically after every 04 (Four) years. Other procedure regarding elections of the Block Committees and their office bearers, shall be decided by the Party through due process of Party regulations in compliance of this Constitution.

  • Vidhan Sabha Committee

It shall consist of a maximum of 30 members for each Vidhan Sabha constituency. The Vidhan Sabha Committee shall choose one person amongst itself as Vidhan Sabha President, one person as Vidhan Sabha Vice President and one person as Vidhan Sabha Secretary. There shall be periodic regular election after every 04 (Four) years for members of each Vidhan Sabha Committee where all the Village/Ward President, Village/Ward Vice President and Village/Ward Secretary of the given Block shall vote in secret voting. The elections for members of Vidhan Sabha Committees shall be on the basis of majority of votes secured by the contestants in these elections. These elections shall be conducted by the Election Committee formed by the District Committee. The Vidhan Sabha President, Vidhan Sabha Vice President and Vidhan Sabha Secretary shall be chosen by the members of the Vidhan Sabha Committee among themselves as per the procedure established by the Party through due process of Party regulations in compliance of this Constitution. The elections to the posts of Vidhan Sabha President, Vidhan Sabha Vice President and Vidhan Sabha Secretary shall also be held periodically after every 04 (Four) years. Other procedure regarding elections of the Vidhan Sabha Committees and their office bearers, shall be decided by the Party through due process of Party regulations in compliance of this Constitution.

  • District Committee

It shall consist of a maximum of 45 members. The District Committee shall choose one person amongst itself as District President, one person as District Vice President and one person as District Secretary. There shall be periodic regular election after every 04 (Four) years for members of each District Committee where all the Block and Vidhan Sabha members of the district shall vote in secret voting. The elections for members of District Committees shall be on the basis of majority of votes secured by the contestants in these elections. These elections shall be conducted by the Election Committee formed by the State Executive. The District President, District Vice President and District Secretary shall be chosen by the members of the District Committee among themselves as per the procedure established by the Party through due process of Party regulations in compliance of this Constitution. The elections to the posts of District President, District Vice President and District Secretary shall also be held periodically after every 04 (Four) years. Other procedure regarding elections of the District Committees and their office bearers, shall be decided by the Party through due process of Party regulations in compliance of this Constitution.

  • Regional Committees

Each Regional Committee shall consist of a maximum of 25 members. Each such Regional Committee shall choose one person amongst itself as concerned Regional President, one person as concerned Regional Vice President and one person as concerned Regional Secretary. There shall be periodic regular election after every 04 (Four) years for members of each Regional Committee where all the Block and Vidhan Sabha members of the Region shall vote in secret voting. The elections for members of Regional Committees shall be on the basis of majority of votes secured by the contestants in these elections. These elections shall be conducted by the Election Committee formed by the State Executive. The Regional President, Regional Vice President and Regional Secretary shall be chosen by the members of the Regional Committee among themselves as per the procedure established by the Party through due process of Party regulations in compliance of this Constitution. The elections to the posts of Regional President, Regional Vice President and Regional Secretary shall also be held periodically after every 04 (Four) years. Other procedure regarding elections of the Regional Committees and their office bearers, shall be decided by the Party through due process of Party regulations in compliance of this Constitution.

The Village Committees, Block Committees, Vidhan Sabha Committees, District Committees and Regional Committees shall be the functional and implementing Committees/bodies at the respective levels. Their main role and function shall be to coordinate the working of the Party in the respective territorial jurisdiction, as per the provisions of law, as per the Party Constitution and as per the various directions, instructions and Standing orders of the respective State Council, State Executive, National Council and National Executive. They shall also be the link between the subordinate bodies and the superior Committees.

State Level Committees

  1. State Council

(a) Each State Council shall comprise of the Presidents from all the primary units falling in that state. In addition it will also include all the Members of Parliament, Members of State Legislative & Members of Legislative Council of that state from the party. It will also consist of the State Presidents of the various Wings created by the National Council from time to time. Since all the members of State Council shall be ex-officio members from various other units or shall be Members of Parliament, Members of State Legislative & Members of Legislative Council, hence there shall not be any separate election for membership of the State Council, as these ex-officio members shall anyway come through various elections held periodically after definite time-interval.

(b) Functions and Powers of the State Council:

(1) The State Council will elect the State Executive.

(2) The State Council shall have the power to recall the State President and/or one or more of the members of the State Executive.

(3) It shall meet at least once every year.

(4) It will decide the stand and policy of the Party on issues concerning that state in such manner as may be prescribed.

2. State Executive

(a) Composition

(1) Each State Executive shall comprise of not more than 25 members, which will be elected by members of the State Council through the way of election decided by the National Council.

(2) If a member of any Unit is elected to the State Executive, he/she shall resign from the concerned Primary unit

(3) The State Executive may co-opt up to 5 members in order to give fair representation to disadvantaged social groups, such as SC, ST, Backward classes, women and Minorities, in case any of these groups is underrepresented. The maximum time period for co-opting each such member to the State Executive shall be 04 (four) year, after which new members shall be co-opted accordingly.

(4) There shall be periodic regular election after every 04 (Four) years for members of each State Executive where all the members of the District Committees of the State along with the members of the State Council shall vote in secret voting. The elections for members of State Executive shall be on the basis of majority of votes secured by the contestants in these elections. These elections shall be conducted by the Election Committee formed by the National Council.

(5) It shall elect one person as President and one person as Vice President for that State from amongst its members. It shall also elect one person as General Secretary and one person as Treasurer for that State from amongst its members.

(6) The State President, State Vice President, State Secretary and State Treasurer shall be chosen by the members of the State Executive among themselves as per the procedure established by the Party through due process of Party regulations in compliance of this Constitution.

(7) The elections to the posts of State President, State Vice President, State Secretary and State Treasurer shall also be held periodically after every 04 (Four) years.

(8) Other procedure regarding elections of the State Executive and their office bearers, shall be decided by the Party through due process of Party regulations in compliance of this Constitution.

(b) Functions and Powers of State Executive:

(1) The State Executive shall form as many teams as are required to carry out the objectives of the Party.

(2) It shall elect one person as President and one person as Vice President for that State from amongst its members.

(3) It shall elect one person as General Secretary and one person as Treasurer for that State from amongst its members.

(4) It shall monitor and supervise the activities of Party functionaries in that State.

(5) It shall undertake all such activities as are needed to meet the objectives of the Party in that State.

(6) It shall undertake various activities related to public issues affecting that State.

(7) It shall maintain and keep accounts of State Level Finances.

(8) It shall form State Level Committees for settling internal disputes, grievances, and disciplinary actions.

National Level:

1.. National Council

(a) The National Council shall be the General Body of the Party and it shall be the highest policy making body of the Party. The National Council shall comprise of the Presidents from all the States and the Primary Units. lt will also include all the Members of Parliament, Members of State Legislative & Members of Legislative Council of the party. It will also consist of the National Presidents of the various Wings created by the National Council from time to time. ln addition, it may co-opt up to a maximum of 50 members from amongst the Experts, Eminent people and Members from disadvantaged social groups, as deemed fit. If the co-opted members are not already Active Members of the Party, they shall be deemed to be Active Members of the Party as soon as they are co-opted and shall have all the rights as those of other members of the National council. The maximum time period for co-opting each such member to the National Council shall be 04 (four) year, after which new members shall be co-opted accordingly. Since all the members of National Council shall be ex-officio members from various other units or shall be Members of Parliament, Members of State Legislative & Members of Legislative Council, hence there shall not be any separate election for membership of the National Council, as these ex-officio members shall anyway come through various elections held periodically after definite time-interval.

(b) Functions and powers of the National council:

(i) The National Council shall be the General Body of the Party and it shall be the highest policy making body of the Party.

(ii) The National Council shall elect the National Executive.

(iii) It shall have the powers to recall the members of the National Executive.

(iv) It shall have the power to amend the constitution.

(v) The National Council shall meet at least once every year.

(vi) It shall decide the stand and policy of the Party on issues of National interest.

2. National Executive:

The National Executive would be the highest executive body of the Party. It shall organize and coordinate the activities of the party at the National Level.

(a) Composition-

  1. The National Executive shall consist of not more than 30 members, which will be elected by the National Council as per the method and process fixed and designed by the National Council.
  2. If any member of any Unit is elected to the National Executive, he/she shall resign from the concerned Unit.
  3. The National Executive may co-opt upto 5 members in order to give fair representation to disadvantaged social groups, in case any of these groups is under-represented. lf the co-opted members are not already Active Members of the Party, they shall be deemed to be Active Members of the Party as soon as they are co-opted and shall have all the rights of elected members of the Executive. All Co-opted Members must meet the qualification requirements laid down for Party Members. The maximum time period for co-opting each such member to the National Executive shall be 04 (four) year, after which new members shall be co-opted accordingly.
  4. There shall be periodic regular election after every 04 (Four) years for members of each National Executive where all the members of the various State Committees along with the members of the National Council shall vote in secret voting. The elections for members of National Executive shall be on the basis of majority of votes secured by the contestants in these elections. These elections shall be conducted by the Election Committee formed by the National Council.
  5. It shall elect one person as National President and one person as National Vice President from amongst its members. It shall also elect one person as National General Secretary and one person as National Treasurer for that State from amongst its members.
  6. The National President, National Vice President, National Secretary and National Treasurer shall be chosen by the members of the National Executive among themselves as per the procedure established by the Party through due process of Party regulations in compliance of this Constitution.
  7. The elections to the posts of National President, National Vice President, National Secretary and National Treasurer shall also be held periodically after every 04 (Four) years.
  8. Other procedure regarding elections of the National Executive and their office bearers, shall be decided by the Party through due process of Party regulations in compliance of this Constitution.

(b) Functions of the National Executive

(1) The National Executive would be the highest executive body of the Party.

(2) It shall organize and coordinate the activities of the party at the National Level.

(3) The National Executive shall form as many teams as are required to carry out the objectives of the Party.

(4) It shall appoint one person amongst itself as the party President and one person as the Vice President.

(5) It shall appoint one person as National General Secretary and one person as National Treasurer.

(6) It shall approve the formation of the Party’s National Secretariat.

(7) The National Executive shall monitor and supervise the activities of Party functionaries at Various levels in the country and the National secretariat.

(8) It shall undertake all such activities as are needed to meet the objectives of the Party in the country.

(9) The National Executive shall undertake various activities related to public issues.

(10) The National Executive shall maintain and keep accounts of National Level Finances. It will also appoint the auditors and shall pass the budget and statement of audited accounts. It shall ensure that the party gets its account audited during each financial year by a Chartered Accountant and also submits its copy to the Election Commission within a period of 60 days after the end of each financial year.

(11) The National Executive shall form National Level Committees for settling internal disputes, grievances and disciplinary actions.

(12) The National Executive shall have the right to recall National President, Vice President, General Secretary or Treasurer.

(13) The National Executive shall make rules and regulations under this Constitution.

(14) The National Executive shall authorize any Organ/Committee/Team to select and lay down procedure for selection of candidates for any elections or any other political activities.

(15) The National Executive shall have the authority to exercise all such powers conferred upon any organ/committee/authorities in the absence of existence of such organ/committee/authorities.

(16) The National Executive shall have the power to suspend/dissolve any organ/committee/team or to remove any office bearer/member of any organ/team/committee.

(17) The National Executive shall have all the residual powers not specifically assigned to any other body/organ/committee/ authority in this constitution.

In addition, there shall be a President, a Vice-President, a Secretary and a Treasurer for each of the Wings created from time to time by the National Council. There shall also be a maximum 25 members in each Executive Body of these Wings at various levels. The work, functioning and modalities of these Wings at various levels shall be as decided by the National Council.

The functioning of the party is completely democratic and the decision making process at each level shall always be by way of majority views of the representative bodies of appropriate level. Whenever there is a tie in the decision making process at any level in any body/committee/council etc, the vote of the President (by whatever name he/she is known) shall be decisive and shall finally decide the matter.

Article V: Office-bearers of the Party Powers and functions of each of these office-bearers

The following shall be the office Bearers of the Party at various Levels:

Primary Level –

Village Committee (Gram Sabha)/ Ward Committee (Ward Samiti)-

  1. Village/Ward President
  2. Village/Ward Vice President
  3. Village Secretary

Block/Mandal Committee-

  1. Block President
  2. Block Vice President
  3. Block Secretary

Vidhan Sabha Committee-

  1. Vidhan Sabha President
  2. Vidhan Sabha Vice President
  3. Vidhan Sabha Secretary

District Committee-

  1. District President
  2. District Vice President
  3. District General Secretary

Regional Level Committees (Commissionary Committee, Zonal Committee, Regional Committee, formulated as per the directions of the National Executive, according to the needs and requirements of different States)-

  1. Commissionary/Zonal/Regional President
  2. Commissionary/Zonal/Regional Vice-President
  3. Commissionary/Zonal/Regional Secretary

At each of these levels, the role of the President, Vice President and Secretary shall be as stated in subsequent Para.

State Level

  1. State President
  2. State Vice President
  3. State Treasurer
  4. State General Secretary

 National Level

  1. National President
  2. National Vice President
  3. National Treasurer
  4. National General Secretary

In addition, there shall be a President, a Vice-President, a Secretary and a Treasurer at various levels for each of the Wings created by National Council of the Party. There shall also be a maximum 25 members in the various Executive bodies of these Wings at various levels.

Powers & Functions of the Office Bearers

President at various Units/levels –

  • The President shall be in charge of functioning of the Party at the concerned Level
  • He shall facilitate and organize the meeting of the Unit/Sabha
  • He shall chair the meeting of the respective Sabha/Council/Executive
  • He shall implement and execute the decisions of the Party and carry out all such work as assigned from time to time in consultation with the Executive at that level.

Vice President at various Units/levels –

  • He shall assist the President of the concerned Unit/level
  • He shall undertake all the works assigned/directed to him by the President of the concerned Unit/level
  • He shall act as the President of the concerned Unit/level in absence of the President for any reasons.

Secretary/General Secretary of various Units/levels –

  • The Secretary/General Secretary shall be responsible for managing the day to day affairs of the secretariat at the concerned Level.
  • He shall be responsible for maintaining records and keeping minutes of the meetings at the concerned Level.
  • He shall be responsible for carrying out all such work as given to him/her by the Party from time to time.
  • National General Secretary shall represent the Party for all legal purposes at any level in any matter.

Treasurer of various Units/levels-

  • The Treasurer shall be responsible for maintaining the accounts at the concerned Level
  • He shall follow all guidelines and instructions issued from time to time with respect to maintenance of accounts etc.
  • The National Treasurer shall ensure that the accounts of the Party are properly maintained and are audited.
  • The National Treasurer shall ensure that all statutory compliances regarding accounts and Party funds are duly made and the audited annual accounts of the Party are submitted to the Election Commission of India within the time prescribed under the RP act.
  • The National Treasurer shall ensure that party must get its account audited during each financial year by a Chartered Accountant and submit its copy to the Election Commission within a period of 60 days after the end of each financial year.

As stated in various Para of the Constitution, all apex level committees and representative bodies of the Party are constituted though democratic election process.

Election process to various offices of the party shall be completely democratic, to be undertaken by the process formulated by the National Executive and duly endorsed by the National Council, through the formation of an Internal Election conducting Body, whose composition, process, duration and method shall be decided by the National Executive and duly endorsed by the National Council.

Elections to all offices and office bearers shall be held at a regular interval of 04 (Four) years. Thus, there shall be periodic regular election to all offices and office bearers.

The fundamental principle on which these elections shall be held is to be the principle of majority of votes, so that at each level, the persons who get the maximum number of votes shall get elected to the given office.

Article VI: Rules of Dispute Resolution & Discipline

  1. Code of Conduct

Every member of the Party shall abide by the following Code of Conduct:

  • Members, including office bearers and elected representatives, shall be free to express their own opinion within the party forum.
  • There is no prohibition of any kind on freedom of expression of the party members within the party forum, as long as these expressions do not violate any law of the land or they are not clearly demeaning, personally attacking and improperly targeted to any Party colleague or party worker.
  • There shall be clear restriction on the freedom of expression of the party members on public platform in a manner that is detrimental and harmful to the Party, which shall be treated as a clear sign of misconduct and indiscipline.
  • Restrictions on freedom of expression in public forum/domain shall include public criticism of the party and its policies, personal criticism and bad-mouthing of the party leaders and party workers etc.
  • A member should not have been convicted of any crime involving moral turpitude, as described and explained above.
  • Complaint against a member about engaging himself in any immoral, improper, illegal or antiparty activity or of involving himself/herself in any corrupt practices or being part of any organization which spreads disharmony on basis of religion or caste or promotes untouchability or engaging in exploiting or ill-treating woman or indulging in drug addiction or drunken behavior etc shall be looked into with alacrity and a conclusion in this regards shall be made by the concerned Disciplinary Committee after undertaking an Enquiry, in which the complainant and the alleged party member shall be given opportunity to present themselves, and final decision shall be made on the basis of this Enquiry, which shall be made public, to the extent it is not prohibited by any provisions of law.

2. Disciplinary authorities for complaints and any other matter including internal disputes, grievances etc

All these matters shall be dealt with by the Disciplinary Committees at the respective levels to which complaints have been presented. National level disciplinary committees shall be constituted by the National Executive, while State Level and District level Disciplinary Committees shall be constituted by the State executives as per regulations framed by the National Executive.

However, the subordinate disciplinary committees may refer the matter to one level higher disciplinary committees immediately above them if they so deem fit. Similarly, the higher level Disciplinary committee may send the matter to any lower level Disciplinary committee subordinate to it, if it feels so.

The Disciplinary Committee at the National Level and State Level shall comprise of 07 (Seven) persons to be nominated by the National Executive/ State Executive as the case may be. The Disciplinary Committee at the District Level shall comprise of 03 (three) persons to be nominated by the concerned State Executive as the case may be

  • Penalties

Disciplinary action may result in penalties ranging from warning, suspension or expulsion from the Party. No disciplinary action shall be taken against a member without giving an opportunity to that member to explain and answer the charges against him/her. In case disciplinary action is proposed against a member of State Executive, the penalty will be imposed only after approval by the National Executive.

Article VII: Rules of Conduct of Business

  1. MEETING

The respective Presidents shall chair meetings of the National/ State Council/Executive and Primary Unit. In the absence of the President for any reasons, the Vice President of the concerned Body shall chair the Particular meeting.

  • Periodicity of Meetings

Councils at various Levels shall meet at least at the following intervals:

State Level: once a Year

National Level: once a Year

Executives at various Levels shall meet at least at the following intervals:

State Level: once a Year

National Level: once a Year

Primary Unit will meet at least once in a quarter, i.e, at least once in every three months.  

The various Wings created from time to time by the National Council shall also meet at least once every year at State and National level and at least once in three months at Primary levels.

lf required, a meeting of a Council/Executive may be requisitioned by 1/3rd members of the concerned Council/Executive.

  • QUORUM

Quorum for all meetings shall be one-third of the strength of the concerned body.  If the quorum is not complete at the appointed time, those assembled will wait for a maximum period of 30 minutes. If the required Quorum is still not available, the meeting shall be adjourned. A new meeting will then be convened and there shall be no need of a quorum for this meeting.

There will be no requirement for a Quorum in case of Emergency or Extraordinary meetings. However resolutions passed in such meetings shall be required to be ratified in the next ordinary meeting of the concerned body.

  • NOTICE

The notice period for Ordinary meetings of the various bodies shall be as under:

District Unit/Primary Unit                         2 days

State Council                                        7 days

State Executive                                    2 days

National Council                                 7 days

National Executive                              2 days

The same notice period will be applicable at different level for all the Wings of the Party created by the National Council from time to time.

Emergency meetings of the Primary Unit or State/National Executive may be convened by the concerned President by giving such notice as deemed fit. The above time periods would not be applicable for such meetings.

Members may attend meetings of the Primary Unit or State/National Executive or State/National Council either in person or via video/teleconference.

  • Decision Making

All decisions at all Levels in any meeting shall be taken by consensus, failing which by a majority vote. Whenever there is a tie in the decision making process at any level in any body/committee/council etc, the vote of the President (by whatever name he/she is known) shall be decisive and shall finally decide the matter. However, approval of 2/3rd of members, present and voting, will be required for a resolution for amendment of the Party Constitution and/or decision to merge, split or dissolve the Party.

  • Minutes

The party shall maintain Minutes of all the meetings of all its Council/Executive/ Committees etc

Article VIII: Party Funds & Accounts

  1. Collection of Funds

(a) Funds shall be collected by means of membership fee, voluntary donations, sale of party material, cultural programs  and all other possible and permissible legal means and methods.

(b) Only such persons, as are authorized by the respective Executive, shall receive the funds.

2. Donation and Membership Receipts

(a) Fund collection receipts will be printed at the National and State Levels only.

(b) Each receipt will be duly numbered and issued in books containing receipts as prescribed from time to time.

3. Bank Account

(a) The Party shall open such number of bank accounts and at such places as considered necessary.

(b) There shall be three authorized signatories for each Bank account namely the Treasurer and two persons authorized by the National/State Executive. The account may be operated by any two of the three authorized signatories. However, one of them must be Treasurer

(c) All receipts shall be deposited in the bank accounts of the Party and all expenses shall be routed through such bank accounts.

(d) Notwithstanding the above, in the event of special accounts being open for any parliamentary/assignably constituency elections, there shall be three authorized signatories for operating such accounts who shall be nominated by the National/State Executive.

4. Utilization of Funds

(a) The funds received by the Party shall be utilized for meeting the aims and objectives of the Party.

(b) The funds shall be utilized by the concerned Executive. The National Executive may frame regulations governing the utilization of funds. The Accounts shall be maintained on accrual basis. The Details of all donations and expenses of the Party will be made completely transparent.

Article IX: Party Constitution’s Amendment Procedure

This Constitution, barring mandatory provisions as enshrined in Section 29A (5) of Representation of Peoples Act, 1951 related with true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and to uphold the sovereignty, unity and integrity of India, can be amended by the National Council provided that the amendment has the approval of 2/3rd of its members present and voting after due notice to all the members. The mandatory provisions cannot be amended in any condition in any manner. For this purpose a meeting of the National Council shall be convened within 30 days of a resolution for amendment bearing the signatures of at least 10% members of the National Council being received. The National Executive shall also have the power to alter and amend this Constitution. Forum for such National Executive meeting shall be two thirds of its strength. The amendment so made by the Executive shall become operative immediately subject to ratification in the next session of the National council. However, the power of amendment cannot be exercised in a manner so as to bring the amended Constitution in conflict with the statutory provisions or guidelines issued by the Election Commission of India, the Constitution of India and any of the Statutes of this country.

Article X: Merger, Split and Dissolution Procedure

Decisions regarding merger, split and dissolution shall be taken at a Plenary Session comprising of all office bearers, members of all organs at every level and Members of Parliament, State Legislature, Corporations and Panchayats. The quorum for the meeting of the Plenary Session shall be 50% of the persons entitled to participate in the Plenary Session. A resolution in respect of merger or split or dissolution to be effective shall require the approval of at least 2/3rd of the persons present and voting.

INTERPRETATION OF THE CONSTITUTION

The National Executive alone shall have the power and authority to interpret this Constitution and the regulations framed there under. The Decision of the National Executive in respect of above shall be final and binding unless it is overturned by the National Council in its next meeting.

MISCELLANEOUS PROVISIONS

  • The Party shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of democracy, socialism, and secularism as the basic tenets of the Party, and would uphold the sovereignty, unity and integrity of India.
  • No person shall be a member of two Executives.
  • Any member who does not attend 3 successive meetings of any Council/Executive without prior intimation of his or her absence shall cease to be a member of the Council/Executive on passage of resolution to this effect.
  • The National Executive will frame Regulations for filling the vacancies caused by resignation, expulsion or death of a member of an Executive/Council,
  • The National Executive will lay down norms and special arrangements to be put in place for creation of new bodies, organisations etc and of merger of these bodies/organizations etc or of other parties within the Party, but all these Rules shall be later duly approved by the National Council.
  • The Party will not in any manner promote or instigate or participate in violence.
  • The Party will hold periodic elections, after a period of each 04 (four) years, to all the positions of office bearers and organs of the Party.
  • The Term of every office at each level including the various Wings created from time to time, right from village level to National level, shall be 04 (Four) years and elections shall necessarily take place before the end of the term of the concerned office-bearers
  • The party will definitely contest election conducted by Election Commission within 05 (five) years of registration and thereafter should continue to contest. If the party does not contest elections continuously for six years, the party will be taken off the list of registered parties.
  • The party will necessarily get its account audited during each financial year and submit its copy to the Election Commission within a period of 60 days after the end of each financial year.
  • Explicit and clear provisions regarding organizational elections at different levels and term of office of various committees/office bearers after every 04 (Four) years has been provided in the party constitution, and as stated in various Para of the Constitution, all apex level committees and representative bodies of the Party are constituted though democratic election process.
  • Election process to various offices of the party shall be completely democratic, to be undertaken by the process formulated by the National Executive and duly endorsed by the National Council, through the formation of an Internal Election conducting Body, whose composition, process, duration and method shall be decided by the National Executive and duly endorsed by the National Council.
  • No office shall be hereditary or held permanently.
  • The total number of nominations in each Committee/Body at every level shall be so restricted as not to exceed one-third (1/3rd) of the strength of the given Committee/Body.
  • The functioning of the party is completely democratic and the decision making process at each level shall always be by way of majority views of the representative bodies of appropriate level.
  • Whenever there is a tie in the decision making process at any level in any body/committee/council etc, the vote of the President (by whatever name he/she is known) shall be decisive and shall finally decide the matter.
  • Whenever there is any conflict in the various provisions of this Constitution and the provisions stated in Miscellaneous Provisions of Article X, the provisions stated in Miscellaneous Provisions of Article X shall prevail and the provisions stated in various parts of this Constitution shall be amended accordingly, as per the procedure provided for amendment of this Constitution.

Article XI: Mandatory Provision under Section 29A (5) of RP Act, 1951.

The Party shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of democracy, socialism, and secularism as the basic tenets of the Party, and would uphold the sovereignty, unity and integrity of India.