Your Visit No.
Follow Us :
  About A.S.P.  
 
 
 

CONSTITUTION

OF

ADARSH SAMAJ PARTY

&

RULES

ADARSH SAMAJ PARTY


Add: B- 505 KAMLA NAGAR, AGRA, UP

 
ArticleNo
Subject
PageNo.
1
Name of Party
3
2
Allegiance to Constitution
3
3
Objectives
3
4
Special policies and programmes
6
5
Flag
12
6
Organisation Structure
12
7
Area of Unit
12
8
Election Symbol
13
9
Membership
13
10
Qualification of voters & candidates
14
11
Scrutiny of Membership
14
12
Register/list of members
14
13
Returning officer
14
14
Election of President
15
15
Election of Office bearers
15
16
Election of Member Council
15
17
Election disputes
16
18
Co option
16
19
Special representation
16
20
Primary Committee
16
21
District Council
18
22
State Council
18
23
Central Secretariat
19
24
Plenary session
19
25
Central Parliament Board
22
26
State Parliament Board
22
27
Disciplinary Action Committee
22
28
Political Affairs Committee
22
29
President
23
30
Secretary General
23
31
Treasurer
23
32
Vice President
23
33
General Secretary
24
34
Term of Office
24
35
Periodicity of Elections
24
36
Vacancies
24
37
Function of Committees
24
38
Merger/Dissolution of Party
25
39
Changes in Constitution
26
40
Form A Membership form
27
41
Rules & Articles of Constitution
28-42
2.    
(a)
The principles on which the party is based  
  The ASP shall 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.  
 
  1. The object of the ASP is to maintain and preserve the status of India as a sovereign, socialist, secular & democratic republic. To secure to all its citizens in actual terms JUSTICE, social, economic and political;
    LIBERTY of thought, expression, belief, faith and worship;
    EQUALITY of status and of opportunity;
    and to promote amongst them all
    FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.
  2. To promote world peace, international understanding, world order with justice & humanism and friendly relations with all the countries of the world by following the principles of live & let live, peaceful co-existence, mutual respect to each others territorial integrity, non interference in the internal affairs, non aggression and promotion of trade, cultural, economic & educational relations.
  3. Striving and cooperating with the rest of the world towards prevention and elimination of world terrorism and drug trafficking.
  4. To evolve India as a true nation with true human spirit and thus create a prosperous and strong nation.


(b)     The policies, aims and objectives it seeks to Pursue

  • Political criminalisation and political corruption and casteism are major evils plaguing the society. ASP will fight against these evils vigorously and will endeavour to unearth the black money in the economy and prosecute the money swindlers
  • ASP will have zero tolerance for corruption. Furnishing Statement of assets will be made mandatory for peoples representatives at all levels.  Disproportionate assets acquired by public servants, politicians will be confiscated to the state.
  • To make India a nation free from communalism, regionalism, corruption, casteism, criminalization and all types of extremism, naxalism and terrorism through constitutional means
  • Nexus between politicians, criminals and bureaucrats will be dismantled
  • In order to make India into a strong nation ASP shall maintain unity in diversity, and promote communal, caste and social harmony.
  • To achieve social and economic democracy by removing social and economic disparities.
  • To accelerate economic growth with social justice and inclusiveness
  • To amend the Article 17 of the Constitution to prohibit practice of casteism, which at present prohibits untouchability, and provides punishment thereof.
  • To amend Article 18 of the Constitution so as to include exclusion of caste titles, which give feeling of high and low in the society and no caste surnames shall be allowed to be used in educational institutions & services.
  • The party shall be committed to achieve casteless society, and to social and economic development.  Shall also be committed to eradicate social evils and bring about national unity through social unity by eliminating all kinds of imbalances such as social, regional, economical etc.
  • Principles based politics will be followed and will be against defection and anti defection law will be amended accordingly.
  • To promote rapid industrialization especially by promoting micro, small and medium industry in the rural and backward areas of the country. Heavy industries would also be promoted in backward areas.
  • To promote free skill development to form industrial clusters in each block and provide bank loan without collateral guarantee especially for SC/ST/OBC/Minority/women and other weaker sections of society.
  • To prevent exploitation in any form of workers, farmers and other marginalized and depressed sections of the society.
  • Minimum wages to labourers will be linked with wholesome price index and all disputes between labourers and industrialists will be sorted out through the system of tripartite consultations.
  • Judicial system would be streamlined to ensure speedy and cheap dispensation of justice.
  • Faulty education system would be revamped to make compatible with aspirations of the country
  • Marginal and small farmers and micro small medium enterprises will be provided loans at cheaper rates and without taking guarantees.
  • To endeavour to promote special participation of SC/ST, OBC/Minorities/Women and other disadvantaged people in all Govt. as well as private services. 15% reservation for Muslims in services and developmental activities will be endeavoured and 33% reservation for women and 25% for upper caste poor in the Lok Sabha and State Assemblies will be provided by amendment of the Constitution if required.
  • To provide legal status by a Parliamentary Act for Scheduled Caste & Tribe Sub Plan i.e. SCSP & Tribe Sub Plan earmarking in the Union & state budget at least proportionate to the population of these communities and making it non lapsable & non divertible.
  • ASP will ensure reservation for SCs in the Rajya Sabha and Vidhan Parishads.
  • ASP shall be against violent demonstrations, bunds, and chacca jam, resulting in destruction of national property and create lot of problems for general public and problems will be shorted out by consultations and negotiations.
  • ASP shall be committed to prevent exploitation in any form of workers. Farmers and other marginalized and depressed sections of society. Market value compensation will be provided for land acquired and all agricultural inputs will be provided at subsidized rates especially for marginalized farmers.
  • The party shall endeavour to confer minority status to Jain community at the national level.
  • Special attention shall be paid by the party to develop safety mechanism against extortion, loot, decoity, kidnapping and abduction.
  • State/national level committee will be aided/advised by a Board of intellectuals, retired civil servants, prominent individuals of society, experts from various fields, etc
  • There shall be special programmes for guidance of youth for their employment and development.
  • ASP shall pay special attention to senior citizens and retired officials who shall be made active members of the party on the basis of their rich experience and contribution to the nation.
  • Eroded credibility of the constitutional institutions will be restored
  • ASP will endeavour to have complete separation of political executive and the bureaucratic executive in the matters of recruitment, promotion, transfer, postings and other service matters which will be looked after exclusively by Cabinet Secretary at Govt of India level and Chief Secretary in States without interference from political executive.  Political executive will decide the programme and policies only to be implemented by the bureaucratic executive by making suitable amendment in Constitution if required.

 

 
©
The Programmes, functions and activities for the purpose of
carrying out its aims

page

4

  In particular and without prejudice to the generality of the aims stated above party will work specially towards the following objectives:  
(a)
Education and Health  
 
  • The ASP pledges to raise public spending in education to at least 6% of GDP with at least half of this amount being spent in primary and secondary schools. A cess will he proposed on all central taxes to finance the commitment to universalize access to quality basic education. A National Commission on Education will be set up to allocate resources and monitor programmes for compliance with national priorities.
  • The ASP will ensure that all institutions of higher learning in science, technology, social sciences and management will retain the sense of autonomy that they have enjoyed in previous regimes. Academic excellence and professional competence would be the sole criteria for all appointments to bodies like the ICHR, ICSSR, UGC, NCERT etc.
  • The ASP will ensure that nobody is denied education, including in institutions of excellence, because he or she is poor. Apart from increasing the supply of loan scholarships and refinance through banks, it will also establish a Education Development Finance Company along the lines of HDFC to provide loans at affordable rates to all those who cannot afford the costs of college and university education in science, engineering and medicine. Education at all stages would be free in all respects for boys and girls belonging to dalit and adivasi communities.
  • A national cooked nutritious mid-day meal scheme will be introduced in primary and secondary schools across the country. The Integrated Child Development Services (ICDS) will be universalized to provide for a functional anganwadi in every settlement and full coverage, especially children below age of six.
  • The ASP will raise public spending on health to at least 2-3% of GDP, with the focus on primary health care over the next five years and to around 5% of GDP over the next decade. The welfare of the Disabled in all respects will receive urgent attention.
  • Some state governments administered by the ASP have introduced innovative health insurance programmes. A national scheme of health insurance for families living below the poverty line will be proposed.
  • The ASP will introduce a new community anchored health worker scheme and implement it with the involvement of people’s organizations and panchayati raj institutions.
 
(b) Minorities  
 
  • The ASP believes in affirmative action for all religious and linguistic minorities. The ASP will provide for reservations for Muslims in government employment and education on the grounds that they are a socially and educationally backward class. The ASP is committed to adopting this policy for socially and educationally backward sections among Muslims and other religious minorities on a national scale. The ASP also pledges to extend reservations for the economically deprived persons belonging to communities that are at present not entitled to such reservations.
  • The ASP will adopt all possible measures to promote and maintain communal peace and harmony, especially in sensitive areas. It will enact a comprehensive law on social violence in all its forms and manifestations, providing for investigations by a central agency, prosecution by Special Courts and payment of uniform compensation for loss of life, honour and property.
  • The ASP commits itself to amending the Constitution to establish a Commission for Minority Educational Institutions that will provide direct affiliation for minority professional institutions to central universities. Special steps will be taken to spread modern and technical education among women in minority communities particularly.
  • New middle-level technical institutions will be started in places where for example, weavers and artisans are concentrated. The National Minorities Development Corporation and State Minorities Development Corporations will be made direct-lending institutions.
  • ASP will provide them reservation in govt services as OBC and earmark 7% for them.
  • Special component plan for minorities will be formulated for those 90 districts and 300 blocks where Muslim population is concentrated and funds as percentage of population will be positively spent over their schemes.
  • Free education to all girls at all levels will be provided.
  • Scholarship to all Muslim children upto 8th standard will be provided.
  • Free coaching cum guidance centres will be opened for them.
  • Skill development training and support will be provided to all Muslim girls.
  • Loans at cheaper rates without collateral will be provided for self employment purposes
  • Travel expenses for foreign countries will be provided for participants exhibitions abroad.
 
(c)
Special commitment to the welfare of workers will be ensured by providing them living wages and with an identity card to prevent any form of exploitation. Living wages fixed will be reviewed annually and the annual increase will be linked to the WPI. Social security will also be provided for the welfare of the labourers
 
(d)
The Scheduled castes, the Scheduled Tribes, the other Backward Castes, and the minorities are the most oppressed and exploited people in India. Keeping in mind their large numbers, the Party shall organize these masses.
 
(e) The party shall work for these down trodden masses to –
- to remove their backwardness
- to fight against their oppression and exploitation
- to improve their status in society and public life
- to improve their living conditions in day to day life.
 
(f)
The social structure of India is based on inequalities created by caste system and the movement of the Party shall be geared towards changing social system and rebuild it on the basis of equality and human values. All those who join the party with the commitment to co operate in this movement of social change shall be ingratiated into the folds of the Party.
 
(g)
ASP will be committed to the social & economic upliftment of SC/ST henceforth will be known as ‘ earning & developing groups’ by formulating SCSP & TSP.
 
 
  • Earmarking of funds under SCSP/TSP from the Central Ministry/Department Plan outlay at least in the proportion of SC and ST population to the total population of the country. Non earmarking of funds under SCSP and TSP may result in non approval of Plans of the Central Ministries/Departments.
  • SCSP and TSP funds should be non divertible.
  • A dedicated unit may be constituted in every Central Ministry/Department for the welfare and development of the SCs and STs as nodal unit for the formulation and implementation of SCSP and TSP.
  • The nodal dedicated unit should be responsible for ensuring that the funds will be allocated to the sectoral units in the departments to implement schemes directly relevant to the SC and ST development.
  • Placing the funds earmarked for SCSP/TSP under separate budget head/sub head for each central ministry/department for implementing SCSP/STP. In this account it may be mentioned that the major and minor heads of accounts of union and states as issued by the comptroller General of accounts provided that TSP and SCSP may be opened as Minor Head below the functional Major Head/Sub Major Head wherever necessary.
 
(h)
Components of SCSP and STP  
 
  • Only those schemes should be included under SCSP/TSP that ensure direct benefits to individuals or families belonging to the SC or the ST
  • Outlay for area oriented schemes directly benefiting SC hamlet/ villages having a majority of SC population/tribal hamlets and villages shall be included in SCSP and STP.
  • Among the various programmes for the benefit of the SC and ST priority should be given for providing basic minimum services like primary education, health, drinking water, nutrition, rural housing, rural electrification and rural link road.
  • Schemes to develop agriculture and allied services like irrigation, animal husbandry, dairy development, vocational training etc that provide a source of livelihood to the SC and ST should be included.
  • Innovative projects that draw upon institutional finance to supplement plan allocations may be drawn up.
 
(i)
Women and Children:  
 
  • The ASP pledges to press for the Constitutional Amendment to reserve one-third of seats in the Lok Sabha and in Vidhan Sabhas for women.
  • It will launch a movement for the effective implementation of social legislation such as for minimum age at marriage, anti-dowry, curbing atrocities on women, anti-sati, widow welfare, etc. as well as for minimum wages for enhancing women’s welfare. Stern measures will be taken to ensure the elimination of female foeticide and infanticide. Marriage registration will be made mandatory.
  • 30% of all funds flowing into panchayats and nagarpalikas will be earmarked for programmes relating to the development of women and children and focus on the special needs of female agricultural labour and women cultivators. Village women and their associations will be empowered to assume responsibility for all development schemes relating to drinking water supply, sanitation, primary education and health, nutrition, biogas, maintenance of water pumps and bore wells and farm forestry.
  • Complete legal equality for women in all spheres will be made a practical reality, especially by removing discriminatory legislation, by giving them equal share in matrimonial property, by protecting their rights to matrimonial homes and ‘streedhan’, by giving them equal rights of ownership of assets like houses-and land, etc. All states will be encouraged to set up family courts at the earliest.
  • There will be a major expansion in schemes for micro-finance based on self-help groups, especially for tribal women, women belonging to scheduled castes, women below the poverty line, rural women and women in distress, and particularly in the backward and ecologically sensitive regions and actively encourage the functioning of producer and marketing cooperatives.
  • Some states of India, particularly in the South, have already reached replacement levels of fertility while other states will do so over this decade. But on present reckoning, four-five states of India will be unable to reach this crucial milestone for decades. The Congress will take the lead in replicating the success of other states in those states where population growth continues unabated. Population planning is not just a government programme but must become a movement of civil society as well. A sharply targeted mobilization effort will be mounted in the 150-odd districts that still have unacceptably high levels of fertility.
 
(j)
ASP will ensure that SEZs are opened in existing industrial land and not on agricultural productive land. Also the ownership will vest with cooperatives and not with single individual.
 
(k)
Towards the furtherance of the above noted aims and objectives of the organizational units of party designated in this constitution, shall be empowered to –
 
 
  • Purchase, take on lease or otherwise acquire and maintain, moveable or immoveable property for the party and invest and deal with monies of party in such manner as may from time to time be determined;
  • Raise money with or without security for carrying out any of the aims and objectives of the party;
  • To do all other lawful things and acts as incidental or conducive to the attainment of any of the aforesaid aims and objectives,
 
  Provided that none of these activities will be undertaken without the express approval of the National President  
(d) Organisation structure  
  Organisational structure of Adarsh Samaj Party shall be;  
1.
National  
  (a) Plenary session,
(b) National Council
(c) National Executive
 
2.
State Units  
  (a) State Councils
(b) State Executives
 
3. District Units  
  (a) District Councils
(b) District Executives
 
4. Constituency Units  
  (a) Constituency Councils
(b) Constituency Executives
 
5. Grama Panchayath / Municipality / Municipal Corporation Units  
  Grama Panchayath/Municipality/Municipal Corporation Committees  
6.
Primary Units  
 

Primary committees

Note: For the purpose of this constitution the word 'State' includes 'Union Territory

 
  Article 7:Area of Units:  
 
1. State Units: The State Units of the party shall conform to the State and Union territories, mentioned in the First Schedule of the Constitution of India. Provided that the National Executive may not set up a party unit in any State or Union Territory, if exceptional circumstances so warrant.
 
 
(a). The Head Quarters of a State Unit shall be located in any place within the State or the Union Territory concerned, as decided by the State Executive. The State Executive may, with the previous sanction of the State Council, change the place of its head quarters to any other place within the area of the State or Union Territory, as the case may be, under intimation to the National executive.
 
 
2. District Units: The area of the district units shall be the area of the district concerned as determined and formed by the Government from time to time.
 
 
3. Constituency Units: The area of constituency units shall be the area falling under the Assembly Constituencies concerned as determined by the Delimitation Commission of India in its order in 2005.
 
  4. Grama Panchayath /Municipality Corporation Units:  
 
The area of the units shall be the area falling under the Grama Panchayat, Municipality, Municipal Corporation concerned as determined by the Delimitation Commission of India in its order in 2005
 
  5. Primary Units: The State Councils concerned shall determine the area of the primary units in accordance with the rules made in this respect.  
(e) Relationship with electors & proof : page-5
  Affidavits from 109 party members in original already submitted.  
  Article 8: Election Symbol  
  The National Executive shall determine the election symbol of the party at the appropriate time.  
  Article 9: Membership  
  1. Primary Member.  
  a). Any Indian citizen of the age of eighteen or over who accepts Article 3 of this constitution, shall on making a written declaration in Form A appended to this constitution and on payment of an annual subscription of Rs 10/- or triennial subscription of Rs. 30/- only can become a primary member of Adarsh Samaj Party, provided that he is not a member of any other political party, communal or other, which has a separate membership, constitution and programme.  
  b). No person shall become a primary member, except in his permanent place of residence, or where he carries on his work.  
  c). The term of primary membership shall be from 1st January to 31st December of the third year  
  d). No member of the Adarsh Samaj Party shall participate in the activities of any communal organisation. He shall also not work in any front organisation which functions in competition with the one sponsored by the Adarsh Samaj Party  
  2. Active Member  
  Any primary member may become an active member through election from the primary unit as provided under rules made in this respect.  
  3. Renewal of Membership  
  Primary membership shall be continuous so long as the annual or the triennial subscription is paid according to the provisions of this constitution and the rules there under and the other conditions prescribed are fulfilled. Renewal of primary membership will be deemed to have completed by depositing of the requisite membership fee or fees and by filing the renewal of membership forms.  
  4. Distribution of Subscription  
  The triennial membership paid by the primary members shall be distributed in the following proportions among the respective units: page-6
 
National 10%  
State 20%  
District 15%  
Constituency 15%  
Panchayath Municipality Corporation 15%  
Primary 25%  
 
  Provided further, that the proportion of membership to be distributed amongst subordinate units below the State unit shall be subject to changes as determined by the State Executive concerned from time to time.  
  Article 10:Qualifications for Voters and Candidates  
  1. Every primary member, included on the primary member's roll prepared in accordance with the rules framed in this behalf, shall be entitled to vote in the election to the primary committee.  
  2. Only an active member elected in accordance with the provisions of this constitution and the rules there under, shall be eligible for election to any Council, Executive or Office Bearer ship above the level of the Primary Unit.  
  Article 11: Scrutiny of Membership  
  The state and district executives shall arrange for periodical scrutiny and disposal of complaints regarding the enrolment of primary member in accordance with the rules framed in this behalf. When complaints of a grave nature are reported to the National Executive, it may enquire into such complaints and take such action as may be deemed necessary.  
  Article 12: Register or list of Members  
  1. Permanent list or register of primary and active members shall be prepared by the District Executive, duly authenticated and certified by the State Executive, in accordance with the rules prescribed. The State Executive shall supply lists of their active members to the National Executive and keep it informed of the changes made therein from time to time.  
  2. The list or register prepared by the District Executive shall contain all the details of members as prescribed by the rules framed in this behalf.  
  3. Membership shall cease by death, resignation, removal or nonpayment of annual or triennial fee.  
  Article 13: Returning Officers  
  1. The State Councils and District Councils shall appoint by majority of two-thirds of its members present and voting, a State Returning Officer and District returning Officers respectively at the time of the election of the State Unit president and District Unit presidents.  
  2. If any State Council fails to appoint a State Returning Officer, simultaneously with the election of the State Unit president, the National Executive shall appoint a state Returning Officer. Similarly, if any District Council fails to appoint a District Returning officer simultaneously with the election of District Unit president at the first meeting of the District Council, the State Executive shall appoint a District Returning Officer.  
  3. The State Returning Officer shall conduct all party elections in the State. He shall, in consultation with the Executive of the State and District Executive, appoint Assistant Returning Officers and such other officers, as may be necessary, for the proper conduct of elections in the State. He shall also perform such other functions, as are allotted to him by the National Executive from time to time.  
  4. The State Returning Officer shall hold office ordinarily for one term but he shall continue to function till a new State Returning Officer is appointed or he is removed from the office, in accordance with the rules framed in this behalf.  
  Article 14: Election of the President  
  1. Election of the President of National, State, District and Constituency Units, if not unanimous and there are two candidates, shall be by the majority voting method. If there are more than two candidates, election shall be by the preferential voting method as provided for in the rules made in this behalf.  
  2. President of the Grama Panchayat/Municipality/Municipal Corporation and Primary units shall be elected, if not unanimous, by the majority voting method as provided for in the rules made in this behalf.  
  Article 15: Election of the Office-Bearers page-7
  Election of the Office-Bearers, other than the President, of National, State, District, Constituency, Grama Panchayat/Municipality/Municipal Corporation, and Primary Units, if not unanimous, shall be by the majority voting method as provided for in the rules made in this behalf.  
  Article 16:  
  1. Election of Members-Councils  
  Election of the members of Council at National, State, District, and Constituency units level, if not unanimous, shall be elected by the majority voting method as provided for in the rules made in this behalf.  
  2. Election of Members-Executives  
  Election of the members of Executive at National, State, District, and Constituency units level, if not unanimous, shall be by the majority voting method as provided for in the rules made in this behalf.  
  3. Election of Members-Committees  
  Election of the members of the Unit Committee at Grama Panchayat/ Municipality/Municipal Corporation and Primary level, if not unanimous, shall be elected by the majority voting method as provided for in the rules made in this behalf  
  Article 17: Election Disputes  
  The State and District Executives shall arrange for disposal of complaints regarding party elections, in accordance with the rules prescribed by the National executive. The National Executive may entertain and dispose of appeals against the decision of the State Executives, in the manner prescribed.  
  Article 18: Co-option  
 

1. The National Executive and the Executives at the State and lower levels may co-opt up to 10 % of the total number of members of the National Council, State and other lower Councils concerned, as members of the respective Council.

2. A co-opted member of the National Council and the Councils at the State and lower levels shall not exercise any voting right in any organisational election nor shall he contest any election in the organisation. However, no person who is a co-opted member shall be debarred for that reason, from seeking election to full membership of any committee in the normal manner.

 
  Article 19: Special Representation  
  In the constitution of, and election to the Councils, Executives and Office- Bearers at the Constituency Unit level and above, it shall be ensured that the backward castes, Scheduled Castes/Tribes, minorities and women shall be given adequate representation in a manner proportionate to their population.  
  Article 20  
  1. Primary Committee  
  a) The State Council, under clause 5 of Article 7, may set up a primary Unit in an area where there are at least 25 primary members. Provided that in hill areas the number of primary members required shall be 15 only.
b) A Primary Committee shall consist of a minimum of 5 and a maximum of 9 members, including President and Secretary.
c) The primary committee shall have a President and a Secretary as its office bearers.
d) The primary members of the unit shall elect the president and secretary of that unit committee in accordance with the rules made in this behalf.
e) The primary unit shall elect a councilor, to represent it at the Constituency Council, from amongst its members, at the first meeting of the unit.
f) In the absence of the President in any meeting of the committee, the members present shall elect any one from amongst them to preside over that meeting.
g) All the primary members enrolled within the jurisdiction of a primary unit shall be voters in the election of the office-bearers and the members of the Unit Committee.
 
  2. Grama Panchayath/Municipality/Municipal Corporation Units : page-8
  a) The State Council, under clause 4 of Article 7, may set up a Grama Panchayat/Municipality/Municipal Corporation unit in an area where there are at least 100 primary members.
b) A Grama Panchayat/Municipality/Municipal Corporation committee shall consist of a minimum of 9 and a maximum of 13 members including office-bearers.
c) The Grama Panchayat/Municipality/Municipal Corporation committee shall have a President, a Secretary and a Treasurer as , its Office bearers.
d) The members of the Grama Panchayat/Municipality/Municipal Corporation committee shall elect the President, Secretary and the Treasurer from amongst the members of the committee in accordance with the rules made in this behalf.
e) The Grama Panchayat/Municipality/Municipal Corporation unit shall elect a councilor, to represent it at the Constituency Council, from amongst its members, at the first meeting of the unit.
f) No Grama Panchayat/Municipality/Municipal Corporation committee shall be set up unless 50% of the primary committees are duly constituted in its area.
 
  3. Constituency Council  
  (a) Constituency Council shall consist of:
1. Members elected by the primary and Grama Panchayat/Municipality/Municipal Corporation units within the area of the Constituency Council at the rate of one member per each Unit
2. Not more than 5 representatives elected by the party members in Grama Panchayat/Municipality/Municipal Corporation samithi situated within the area of the Council from amongst themselves.
3. Co-opted members at 10% of the members elected from primary and Grama Panchayat/Municipality/Municipal Corporation units within the area of the council.
 
  (b) No Constituency Council shall be set up unless 50% of the Grama Panchayat/Municipality/Municipal Corporation units within the area of the council are duly constituted.  
  4. Constituency Executive  
  1. The Constituency Council shall elect 15 members including the office bearers as the members of the Constituency Executive in accordance with the rules made in this behalf.
2. The Constituency Executive shall elect the President, a Vice President, not more than 2 Secretaries and a Treasurer as its office bearers, in accordance with the rules made in this behalf.
3. A candidate for election to a Constancy Executive need not necessarily be a member of a primary committee.
 
  Article 21  
  1. District Council  
 
District Council shall consist of
a) Members of the Constituency Executive falling within its jurisdiction.
b) Members elected in accordance with the rules prescribed, from the local bodies situated within the area of the District Council.
c) Ex-Presidents of the District council who have completed one full term and are active members.
d) Members of Parliament and Members of Legislative Assembly of the party from the district.
e) Leaders of the party in Municipal Corporations, Municipalities, District Panchayaths, (District Boards or Zilla parishads) in the district.
f) Co-opted members at 10% of the members elected from Constituency units within the area of the council.
g) No District Council shall be set up unless 50% of the Constituency Units are duly constituted in its area.
2. District Executive
a) The District Executive shall consist of not more than 21 members including the President and office bearers elected by the members of the District Council in accordance with the rules prescribed.
b) The District Executive shall elect from among them President, Vice-president, not more than 3 Secretaries and a Treasurer as its office-bearers in accordance with the rules made in this behalf.
c) A candidate for election to a District Executive need not necessarily be a member of a subordinate committee or council.
 
  2. District Executive  
 
a) The District Executive shall consist of not more than 21 members including the President and office bearers elected by the members of the District Council in accordance with the rules prescribed.
b) The District Executive shall elect from among them President, Vice-president, not more than 3 Secretaries and a Treasurer as its office-bearers in accordance with the rules made in this behalf.
c) A candidate for election to a District Executive need not necessarily be a member of a subordinate committee or council
 
  Article 22 page-9
  1. State Council  
  State Council shall consist of:  
  a) Members elected by the District Councils at the rate of one per each Legislative Assembly or Metropolitan Constituency.
b) Members of Parliament and Members of State Legislative Assembly of the party from the State.
c) Ex-Presidents of the State Council who have completed a full term and are active members of the Party.
d) Presidents of the District Councils, provided that they shall not be eligible to become either the President or other office-bearer of the State Unit.
e) The National Council members who reside in the State.
f) Co-opted members at 10% of the members of the council elected as per clause 1 above.
g) A candidate for election to State Council need not necessarily be a member of a subordinate committee or council.
h) No State Council shall be set up unless 50% of the District Units are duly constituted in its area.
 
  2. State Executive  
  a) The State Executive shall consist of not more than 31 members including the President and office bearers, elected by the State Council in accordance with the rules prescribed.
b) The Executive shall elect the following office-bearers from among them in accordance with the rules prescribed.
c) President b) One Vice-President c) General Secretary d) Not more than 4 Secretaries and e) Treasurer
e) The leader of the party in the State Legislature shall be ex-officio member of the State Executive.
 
  Article 23: Central Secretariat  
 

1)To carry out the policies and programmes laid down by the party and the National Council, the President shall be assisted by a Central Secretariat which shall consist of such number of General Secretaries, Secretaries and other such officials as may be appointed by him. The President/ Treasurer/ General Secretary shall be in charge of funds and shall keep proper accounts of all investments, incomes and expenditures with the assistance of the Secretariat.

2)All monies received for the party and the central organization of the party shall be deposited in an account in a nationalized bank in the name of the party and such account shall be operated jointly by either the National President or the National Vice President or by an office bearer of the Central Executive Committee duly authorized by the National President in this behalf.

3)Provided that a sum of money required for the day to day and emergent expenditures shall be kept at the disposal of the Treasurer/ General Secretary of the Party

 
  Article 24 page-10
  1. Plenary Session  
  a) A plenary Session of the party shall be held once in three years on the 1st of May and at a place to be decided upon by the National Executive.
b) All members of the State Councils and National Council shall be delegates to the Plenary Session. 1
c) The Plenary Session shall consist of the President and all other delegates.
d) The Plenary Session shall consider resolutions recommended to it for adoption by the National Executive in the first. Thereafter, the Session shall take up any substantive motion, not included in the draft resolutions referred to above, only if 50 delegates request the President in writing, on the previous day of the Session, to allow them to place the motion before the Session. Provided no such motion shall be allowed, unless it has been discussed at the meeting of the National Executive and received the support in favour, of one-third of the members present.
e) The State Unit in whose jurisdiction the Plenary Session is held, shall act as the Reception Committee and may co-opt additional members for the purpose.
f) The Reception Committee shall make all necessary arrangements including collection of funds, of which separate and full accounts shall be maintained. The auditors appointed by the National Executive, within 3 months of the Session, shall audit these accounts.
g) Surplus funds and assets, if any, shall be divided between the National Council and the State Council equally.
 
  2. National Council  
  a) National Council shall consist of:  
 
1. Representatives elected by the members of the State Council equivalent to the number of Lok Sabha members from the State.
2. Presidents of the State Councils, Presidents of the District Councils, Leader of the Party in the State Legislatures and Metropolitan Council.
3. All members of the party in Parliament.
4. Ex-Presidents of the party, Ex-Central or State Ministers who are active members of the party.
5. Co-opted members at 10% of the number of members elected in accordance with clause 1 above.
 
 

b) Members of the National Council shall have to contest election from their respective States.

c) The National Council shall have power to frame rules, not inconsistent with this Constitution for regulating all matters connected with the party which shall be binding on all subordinate units.

d) The National Council shall meet as often as required by the National Executive, by not less than 20% of the total number of National Council member having full voting right. Such a requisition shall specify the purpose for which the requisitionists desire a meeting of the National Council.
e) A requisitioned meeting shall be held within one month of the receipt of the requisition, provided that not more than one requisition can be moved in one year. At any requisitioned meeting, additional items of business may be brought up by the National Executive for consideration.
f) Not less than 1/5th of the total number of members shall form the quorum for a meeting of the National Council.

 
  3. National Executive  
 
1. National Executive shall consist of not more than 41 members including the President and the office bearers elected by the National Council from among them, in accordance with the rules prescribed.
2. The National Executive shall elect the following office-bearers from among them in accordance with the rules prescribed.
 
  a) President b) Senior Vice-President c) Two Vice-Presidents d) Secretary General e) Not more than 6 General Secretaries and f) Treasurer  
  3. The quorum for a meeting of the National Executive shall be 10.
4. The National Executive shall be the highest executive authority of the party and shall have the power to carry out the policies and programmes, laid down by the Plenary Session or by the National Council and shall be responsible to the National Council. It shall be the final authority in all matters regarding interpretation and application of the provisions of this Constitution.
5. The National Executive shall place before every meeting of the meeting of the National Council and also an agenda of the business for the meeting.
6. The National executive may appoint one or more auditors or inspectors or other officers to examine the records, papers and account books of all units of the party. It shall be incumbent on all such units to furnish all the required information to the auditors, inspector and other officers, and to give them access to all offices, accounts and other records.
7. The National Executive shall have the power
 
  a) to frame rules for the proper working of the organisation. Such rules shall, as early as possible, be placed before the National Council.
b) to issue instructions to various units, not inconsistent with this Constitution.
c) it shall be the final authority in all disciplinary matters.
 
 
8. The National Executive shall have the power to sanction the setting up of a Council for the Metropolitan areas. The jurisdiction, powers and functions of such Councils shall be defined in accordance with this Constitution and the rules there under.
9. The National Executive shall have the accounts of the National Council audited annually by an auditor or auditors appointed by it.
10. The National Executive shall fix the date, by which formation of subordinate Units and the National Council shall be completed.
11. To meet any special situation, the National Executive shall have the power to take such action, in the interest of the party, as it may deem fit, provided however, than if any action is taken which is beyond the powers of the National Executive as defined in this Constitution, it shall be submitted as early as possible to the National Council for ratification.
12. In the event of any emergency arising by reason of any cause, such as death or resignation of the President, elected as above, the National Executive shall forthwith fix a date for a fresh election by the members of the National Council as prescribed. The new President shall be elected with in a period of six months. Until a new President is elected, the National Acting President from amongst its own members
13. Nominations to the National Executive shall be proposed and seconded by members of the National Council provided that no member shall propose more than 5 candidates.
14. Nomination papers shall signify the consent of the candidates proposed.
 
  Article 25 page-11
  Central Parliamentary Board  
 
1. The National Executive shall constitute a Central Parliamentary Board, consisting of its Chairman (who shall not hold any other office in the party organisation at the national level), and not more than 15 other members including the President, the Secretary General and the leader of the party in the Parliament for the purpose of regulating and co-ordinating the parliamentary activities of the party in Parliament and in the State Legislatures, and for making the final selection of the candidates for the Parliament and State Assembly elections, including Union Territories in accordance with the rules framed in this behalf. The Secretary General shall be the Secretary of the Board.
2. All the decisions of the Parliamentary Board shall be taken collectively. In case of difference of opinion, if any, the majority decision shall prevail.
3. The Central Parliamentary Board shall frame necessary rules to give guidance in respect of selection of candidates, and other matters relating to conduct of elections.
 
  Article 26  
  State Parliamentary Board  
 
1. The State Executive shall constitute a State Parliamentary Board, consisting of its Chairman (who shall not hold any other office in the party organisation at the State level), and not more than 10 other members including the State President, the State General Secretary and the leader of the party in the State Legislature. The General Secretary shall be the Secretary of the Board.
2. The State Parliamentary Board shall recommend candidates with due consideration to the recommendations of the concerned constituency committees, for the Parliament and State Legislature, to the Central Parliamentary Board.
3. It shall also select party candidates for the election to various local bodies, in accordance with the guidelines and directions of the Central Parliamentary Board.
 
  Article 27  
  Disciplinary Action Committee  
 
Disciplinary Action Committee shall be constituted at various levels to deal with cases of indiscipline, as per the rules prescribed.
 
  Article 28  
  Political Affairs Committee  
 
1. The President with the approval of National Executive shall constitute a Political Affairs Committee consisting of not more than 15 members. The committee shall be authorised to take decision regarding political, economic and social matters on behalf of the National Executive.
2. Political Affairs Committee shall not take any decisions regarding organisational matters.
 
  Article 29 page-12
  President  
 

1. The President shall preside over the Plenary Session of the party. He shall also preside over the meetings of the National Council and National executive.
2. The President shall exercise all the powers of the National Executive, when it is not in session. Such decisions taken by the President shall be ratified by the National Executive at its next meeting.
3. The president shall represent the party on all occasions.
4. The President shall have the prerogative to intervene at any time and to remove any office bearer of  a state /UT/district executive council and direct re election or nomination ( as the case may be) to the office thus vacated.
5. In the absence of National President, all functions of the National President can be performed by the National Vice President provided that all decisions taken by the National Vice President shall be put up before the National President for the ex post facto approval. In the event of unfortunate demise of the national president, the National Vice President shall immediately assume charge as National President subject to the approval of the National Council within six months.
 
  Article 30  
  Secretary General  
 
Subject to the general control of the President, the General Secretary shall head the Secretariat and shall be in charge of the functioning of the party and shall be responsible for the preparation and publication of the report  of the proceedings of the party Plenary Session including its audited accounts, as soon as possible, after the Session. He shall prepare a report of the work  of the National Council and the National executive, including an audited statement of accounts for the period, since the last submission of such report and submit the same to the meeting of the National Council, to be held at the beginning of each year and have it circulated to the members sufficiently in advance of the meeting.
 
  Article 31
Treasurer
 
 
The treasurer shall be in charge of the funds of the party and shall keep proper accounts of all investments, liabilities, income and expenditure.
 
  Article 32
Vice-President
 
 
The Vice-President shall act, and preside over the meetings in the absence of the President.
 
 
Article 33
General Secretaries
The Secretaries shall assist the General secretary in his functions and shall carry out the functions assigned to them, in accordance with the decisions of the party from time to time.
 
 
Article 34
Term of Office
The term of all office-bearers, every Council, Executive and every Board shall be Three years.
 
 
Article 35
Periodicity of Elections
Organisational elections at different levels shall be conducted in every three , years in accordance with the rules made in this behalf.
 
 
Article 36
Vacancies
1. All vacancies caused by resignation, removal, or death shall, unless otherwise provided for, be filled in the same manner in which the previous incumbent was chosen and persons so elected, shall hold office for the unexpired term.
2. In the absence of any provision to the contrary, a Unit or Board, once it is properly constituted, shall not become invalid by reason of any vacancy on it.
 
 
Article 37
Functions of committees
1. State Level

(a). The state council shall decide the policies and programmes of the party with regard to the matters pertaining to the state and shall report the same to the National Executive, issue directions to the State Executive for implementation of the decisions so taken. It also shall decide upon the matters submitted by the state executives for ratification from time to time.
(b) The State Executive shall, apart from the routine affairs of the party, implement and carry out the programmes based on the policies of the party and the decisions of the National Executive as well as State Councils. And also give directions to the lower units from time to time.
page-13
 
2. District Level
(a) The District Council shall decide the programmes of the party with regard to the matters pertaining to the district and shall report the same to the State Executive, issue directions to the District Executive for implementation of the decisions so taken. It also shall decide upon the matters submitted by the district executives for ratification from time to time.
 
 
(b). The District Executive shall, apart from the routine affairs of the party, implement and carry out the programmes based on the policies of the party and the decisions of the State Executive as well as District Councils. And also give directions to the lower units from time to time.
 
  3. Constituency Level
 (a) The Constituency Council shall decide the programmes of the party with regard to the matters pertaining to the constituency and shall report the same to the District Executive, issue directions to the Constituency Executive for implementation of the decisions so taken. It also shall decide upon the matters submitted by the Constituency Executives for ratification from time to time.
(b). The Constituency Executive shall, apart from the routine affairs of the party, implement and carry out the programmes based on the policies of the party and the decisions of the District Executive as well as Constituency Councils. And also give directions to the lower units from time to time.
 
  4. Grama Panchayath/Municipality/Municipal Corporation Units Level:
The Grama Panchayath/Municipality/Municipal Corporation Units shall decide and carry out the programmes of the party with regard to the matters pertaining to the Grama Panchayath/Municipality/Municipal Corporation Units and shall report the same to the Constituency Executive. It shall also carry out the decisions of the upper units from time to time.
 
 
5. Primary Units: The primary Units shall decide and carry out the programmes of the party with regard to the matters pertaining to the Primary Units and shall report the same to the Constituency Executive. It shall also carry out the decisions of the upper units from time to time.
 
  6. In general, committees of all levels shall function according to the provisions of the constitution of the party and the rules there under adhering to the aims, objects, policies and programmes of the party, affirming the right of peaceful and democratic dissent which includes sathyagraha or non-violent resistance. Also to participate in the work for achievement of the socio-economic-educational needs and requirements of the people.  
 
Article 38
Merger/Dissolution of the party
1. In the case of a merger of the party with another political party or dissolution of the party, as the case may be, the National Executive with the consent of two-thirds of its members, place its decision for merger or dissolution of the party, as the case may be, before the National Council, convened for the purpose for ratification. The merger or dissolution of the party, as the case may be, shall have effect only if the National Council ratifies the decision of the National Executive with two-thirds of the members of the National Council agrees in favour of such merger or dissolution, as the case may be.
2. In the case of a merger of the party with another political party or dissolution of the party, as the case may be, the assets and liabilities of the party shall be divided and distributed in accordance with the rules made in this behalf
 
 
Article 39
Changes in the Constitution
1. This Constitution and the Rules their under can be amended, altered or added to, by the National Council on the recommendation of the National Executive, except Article 3, by a majority of two-thirds of its members present and voting after due notice.
2. The changes made by the National Council shall be placed before the next Plenary Session of the party for ratification, but they may come into operation even before the ratification, from such date as may be prescribed by the National Council.
Article 39
Changes in the Constitution
1. This Constitution and the Rules their under can be amended, altered or added to, by the National Council on the recommendation of the National Executive, except Article 3, by a majority of two-thirds of its members present and voting after due notice.
2. The changes made by the National Council shall be placed before the next Plenary Session of the party for ratification, but they may come into operation even before the ratification, from such date as may be prescribed by the National Council.