CONSTITUTION OF BHARAT JAN-AADHAAR PARTY
The objectives of the Party are the establishment of a socialist, secular State operating within the framework of a truly functioning democracy attuned to securing social, economic and political justice in the country, ensuring equal opportunity to all its citizens, upholding the dignity of the individual, defending world peace and fellowship amongst all nations. The party will adhere to Lokmanya Bal Gangadhar Tilak and Mahatma Gandhi (Mohandas Karamchand Gandhi) Right to Swaraj Indian Movement, an ideals and principles in the pursuit of these objectives. It shall earnestly mobilize and galvanize the youth of the country to involve them fully in the building of the nation.
Flag Of Bharat Jan-Aadhaar Party :
Flag as decided by the Executive Committee of the Party.
Symbol of the Party :
The symbol will be allotted by the Election Commission
Party Oath of Dedication / Declaration :
Every prospective member of the Party shall take an oath before admission to the Party which shall be as follows :-
I Swear / Solemnly declare :
1. That I shall always act in the best interests of the country.
2. That I shall respect the faiths of others.
3. That I shall treat all citizens as equals.
4. That I shall respect and honour the Constitution of the Country and the Party.
So help me God.
A. PRIMARY MEMBER :
1. Any Indian Citizen of the age of 18 years who subscribes to the declaration on Form A and pay Rs.50.00 only as annual subscription becomes an ordinary Member provided he should not a member of any other Political Party and also any other organization which act for communal and terrorist activities and has a separate membership, constitution and programme.
2. Any person shall be eligible to become a primary member who is the citizen of India.
3. The term of primary membership shall be for a calendar year.
4. Renewal of primary membership shall be subject to depositing of the requisite membership fee.
5. Every Block / Mohalla / Ward / Village Committee shall maintain a register of primary members with their full particulars a copy of which shall also be made available to the District / City Committee Office.
B. AN ACTIVE MEMBER :
1. Any Indian Citizen of the age of 18 years and above on making 10 primary members and deposit of Rs.500.00 only shall become an active member, but he shall be required to sign a declaration in Form B.
2. The term of active membership shall be for a period of two years subject to renewal of his/her primary membership.
3. Active membership may be renewed by filling up the membership renewal form (Form C).
4. Register of active members :
(a) A register of active members shall be maintained by the District Committees.
A copy of this register shall be made available to the State Committee. The list of the active members will supply to the Central Office of the Party by state committee. Identity Cards or Badges with photographs and serial numbers shall be issued to all active members by the State Committee through District Committee.
(b) The Register will contain the full name, address, age, occupation, State of origin and languages known of each active member.
(c) Active membership shall be ceased on non-renewal of primary membership and by non-filling of Form C, non-payment of dues or by removal by the duly constituted authority of the part and after resignation by the member.
Organisational Structure :
The Composition and organizational structure of the party is as follows in descending order of authority :
1. The National Council
2. The States Committee
3. The District / City Committees
4. Block / Mohalla / Ward / Village Committees
5. Active Members of the Party.
6. Primary Members of the Party.
Formation of Committees :
A. DISTRICT / BLOCK / WARD / VILLAGE COMMITTEES :
(i) Active members who are residing in their own DISTRICT / BLOCK / WARD / VILLAGE shall constitute the Basic Unit of the Party. Active members shall elect it’s Executive Committee consisting of not more than twenty one members of basic unit of District / Block / Ward / Village. They also elect the state representatives of the Party. Only active members shall have right to vote and contest the election. The active members will elect Executive Committee. Executive Committee will elect President, Vice Presidents, Secretary, Joint Secretary, Treasurer and Organizer from elected members of the Executive Committee.
(ii) Every active members recorded in the Register maintained under Article V -2 (Membership) (iv) shall be entitled to vote in the election of President and Committee members.
(iii) The District Executive Committee shall also include members of the Party who are also members of Parliament / State Assembly / State Council / Leaders of the Party in Zila Parishad / Municipal Corporation or Metropolitan Council, and members of higher committees residing in that District.
(iv) It shall have the power to co-opt not more than ten members to ensure representation to the minorities, backward groups, Harijans, women and other weaker sections or professionals.
B. STATE COMMITTEE :
(1) The State Committee shall constitute from the elected state representatives.
(2) The elected state representatives and members of the District Committee shall elect the state president, state committee & two representatives for national council.
(3) State Committee shall consist of 25 members including president.
(4) The President, Vice Presidents, General Secretaries, Secretaries, Treasurer and Organizer will be elected from committee members subject to the requirement.
(5) The State Executive Committee shall have the power to co-opt not more than fifteen members to give adequate representations to minorities, women, Harijans and other weaker sections and professionals.
(6) The State Committees shall be responsible for co-ordination of the Party’s organizational work and shall : (a) Function through the District Committees. (b) Subject to General Supervision and Control of the National Council, the State Executive Committee shall be responsible for affairs of the subordinate committees within its jurisdiction. (c) Submit to the National Executive Committee an annual report of the work done by the party in the State including audited balance sheets. (d) If any subordinate committee fails to function properly in terms of the Constitution or in accordance with the direction of the National Executive Committee the State Committee may suspended the sub-ordinate committee and form and ad hoc committee to carry on the Party’s work with the approval of the National Executive Committee.
C. NATIONAL COUNCIL :
(1) The National Council shall consist of : (a) The President of the Party. (b) Ex-President of the National Council who have completed at least one full term. (c) Presidents of the State Committees. (d) Leader of the Party in Parliament. (e) Two members from each state elected by the state representatives of the party. (f) Members co-opted by the National Executive Committee from Special elements.
(2) (a) The President of the party shall be the President of the National Council. (b) The President, Vice Presidents, General Secretaries, Treasurer and other office bearers as considered necessary will be elected by National Council.
(3) (a) The National Council shall be the highest policy and programme making body of the party. It shall meet as often as necessary for this purpose and in any event not less than once a year. (b) The National Council shall meet whenever requested by the National Executive Committee. (c) The National Council shall meet on a joint requisition signed by not less than 20% of it’s members having full voting rights. Such a requisitioned meeting shall be held within one month of the receipt of the requisition, provided also that not more than one requisition can be moved in any one year.
The National Executive Committee :
1. The National Executive Committee shall be the working body of the National Council and will comprise the followings :
A. The President of the National Council who shall be the President of the National Executive Committee.
B. The Leader of the party in Parliament.
C. 9 other members of whom 7 will be elected by the National Council and the rest will be nominated by the President.
D. The General Secretaries and the Treasurer of the National Council who shall also be the same office bearers of the National Executive Committee.
E. Every Block / Mohalla / Ward / Village Committee shall maintain a register of primary members with their full particulars a copy of which shall also be made available to the District / City Committee Office.
2. The National Executive Committee shall be the highest executive authority having powers in all matters including interpretation and application of the Constitution. It shall be responsible to the National Council.
3. The National Executive Committee shall be responsible for the preparation of Agenda and order of business for Conventions of the party and prepare reports of previous meetings.
4. The National Executive Committee shall :
A. Deal with non-official resolutions or which notice has been given by the members of the National Council.
B. Supervise the functions of all the Subordinate Committee including maintenance of account books.
C. Frame rules for the proper working of the organization. Such rules shall be placed before the National Council.
D. Superintend, direct and Control all state committees and subordinate committee as well as Reception Committees, and suspend / reorganize / dissolve any Committee or Executive Committee where it is necessary in the Party’s interests.
E. Initiate disciplinary action against any member of the National Council or National Executive Council or other Subordinate Committees.
F. Deal with any extra ordinary situation as it deems fit in case it is not feasible to call a meeting of the National Council. A report of any such action shall be submitted to the National Council as soon as possible.
Quorums for the various bodies shall be as follows :
1. The quorums for a meeting of the National Council shall be 50 members or one fifth of the total number of the members whichever is less.
2. The quorum for a meeting of the National Executive Committee shall be 9 members.
3. The quorum for a meeting of the State Committees shall be 50 or one fifth of the membership whichever is less.
4. The quorum for the other subordinate committees shall be 5 or one fifth of the membership of the respective committees whichever is less.
Co-Opted Members :
Co-opted members shall have no voting rights in any of the bodies listed 1 to 4 under Article VI (Organisational Structure) of this Constitution.
Observers Committees :
The President of the party with the approval of National Executive Committee shall appoint a Committee of observers who will directly be responsible to the President for ensuring genuine
membership holding a fair party elections in the States, and shall work as Returning Officers in this respect, and also advise the President about any Election disputes.
Terms of Committees :
The term of office of everybody listed 1 to 4 under Article VI (Organisational Structure) shall be four years.
Territorial Division :
1. The State Committees shall ordinarily be constituted in the States named in the Appendix A to this Constitution with their headquarters mentioned against each.
2. Appendix A may be amended from time to time as necessitated by events or at the discretion of the National Executive Committee.
3. Any State Committee may with the previous approval of the National Executive Committee change its headquarters.
Election of the Party President :
The National Council shall elect one of its members as President of the party. The procedure for election shall be as follows :
1. The National Executive Committee shall appoint one of its General Secretaries. Who is not a candidate, or any-other member if all General Secretaries are candidates, as the Returning officer for the election of the president.
2. Any five members of the National Council may jointly propose the name of any other member of the National Council for the post of President of the Party, before the appointed date.
3. The Returning Officer shall publish the names of all the persons so proposed and fix the dates for proposals and contest shall not exceed one month.
4. After scrutiny the Returning Officer shall immediately shall publish the names of validly nominated candidates, and the last date for withdrawal.
5. Immediately after the last date of withdrawal the Returning Officer shall publish the list of contesting candidates and the date for the election. It is only one candidate the Returning Officer shall declare him / her as duly elected as President of the party for the next session.
6. AnyIn the event of a contest the poll shall take place on the date fixed and every member of the National Council, excepting co-opted members, shall be entitled to record his/her vote on a ballot paper exhibiting the names of all contesting candidates by marking the name of his / her choice.
7. As soon as may be after the poll, the Returning Officer shall count the votes in the presence of the candidates or their authorized representatives and declare elected candidates who has received the highest number of votes.
The Presidency : Exercise of Powers
1. The President shall preside over the sessions of the National Council held after his / her election during the tenure of office.
2. The President shall Preside over the Conventions of the Party during his / her tenure of office.
3. The President shall exercise the powers along with the National Executive Committee as per the resolutions passed by the National Council and it’s direction, when it is not in session. However decisions taken during that period shall have to be ratified in the next session of National Executive Committee.
4. The Senior most General Secretary shall discharge the routine functions of the President in the event of his/her death, resignation or if for any reason whatsoever he/she is unable to carry out the duties of the Presidency and shall take steps to call up a meeting of the National Executive without delay to deal with the situation as necessary. The National Executive Committee may elect a President at its discretion, subject to ratification by the National Council within three months.
General Secretaries of Bharat Jan Aadhaar Party
1. The General Secretaries of the National Executive Committee shall be the General Secretaries of the BHARAT JAN-AADHAAR PARTY. They shall be the in charge of the Offices of the National Council, the National Executive Committee and the Headquarters of the Party under the General Control of the BHARAT JAN-AADHAAR PARTY President.
2. The General Secretaries shall be responsible for various aspects of the party work as shall be assigned to them by the president of the PARTY.
Treasurer of Bharat Jan Aadhaar Party
1. The Treasurer of the National Executive Committee shall also be the Treasurer of the party.
2. The Treasurer shall work under the general control and direction of the party president.
3. The Treasurer shall be in-charge of the funds of the Party and shall keep proper records of investment, income and expenditure, and submit the same to the President as and when called for and in any event at the end of each calendar year.
4. The Treasurer shall be responsible for the distribution of the subscription as under Article 19 (Task Forces / Cells).
Distribution of Funds
The subscriptions paid by ordinary and active members shall be distributed in the following proportions :
1. National Council .......... 25%
2. State Committees .......... 25%
3. District Committee .......... 25%
4. Subordinate Committees .......... 25%
Task Forces / Cells
1. The President shall set up Task Forces / Cells as in Appendix B to look after the interests of important sections of our society at his / her discretion.
2. Each Task Force Cell will have an All India Chairman.
3. With a committee nominated by the President. The Cells / Forces will carry out spot studies of problems and situations and make reports to the President as called for.
4. All State Units shall also have similar groups in their respective areas.
The National Executive Committee shall set up Parliamentary Board consisting of BHARAT JAN-AADHAAR PARTY President and one or more other members, one or who will be the Leader of the Party in Parliament with the President as Chairman for the purpose of Co-ordination of Parliamentary activities of BHARAT JAN-AADHAAR PARTY in the Parliament or State Assemblies.
Central Election Committee
1. There shall be Central Election Committee Consisting of the Parliamentary Board and seven other members elected by the National Council.
2. The PARTY President shall be the Chairman of the Central Election Committee and shall nominate as Secretary and any officer bearers.
3. The Central Election Committee will make the final selection of candidates to elections or the Central or State Legislatures.
4. The Central Election Committee will be the body for conducting electoral campaigns.
5. The State Units will also have similar Election Committees to make recommendations to the Central Election Committee in regard to candidates and to conduct the subsequent election campaigns.
Change in Constitution
The National Council shall have the Power to amend, alter or add to the constitution through a majority of two third of the members presents and voting at a meeting especially called for the purpose after due notice of the proposed changes have been given to each member at least one month prior to date of such meeting. Article J will never be changed or amended.
Bharat Jan Aadhaar Party Disciplinary Committee
1. The President of the party with the approval of National Executive Committee shall nominate the Chairman and four members to constitute BHARAT JAN-AADHAAR PARTY Disciplinary Committee.
2. All disciplinary matters against any member shall be referred to Disciplinary Committee by the State Committee concerned or the National Executive Committee.
3. Any arranged member shall have the right to present his/her case personally or through any other member of BHARAT JAN-AADHAAR PARTY.
4. The Court shall make its report to the President who shall decide on the nature of the disciplinary action.
5. The President shall not be withstanding the above, power to suspend any member in case of any extra ordinary circumstances requiring speedy action in the interests of the party and the matter will be referred to the Disciplinary Committee.
The Forms A, B and C under Article V or any other forms Fequlred for Party purposes shall be drawn up by the National Executive Committee.
The National Executive Committee shall appoint five members from among the National Executive Committee with one of the General Secretaries as its Chairman to form a Subject Committee. The Subjects Committee shall discuss and approve the agenda and resolutions of the General and Special Session of BHARAT JAN-AADHAAR PARTY to be held. In the event of any difference the decision of the majority of the subject Committee shall be accepted.
1. For holding a General or Special Session the State selected for holding the Session shall form a Reception Committee which shall work under the guidance of the State Committee and shall be responsible for all arrangements of the session.
2. The Reception Committees shall elect its Chairman and other Office Bearers from among its own members.
3. It shall be empowered to collect funds for the expenses of the Session.
4. A statement of Accounts, duly audited, shall be submitted to the National Executive Committee by the State Committee concerned within six months of the end of the Session.
1. A General Session of BHARAT JAN-AADHAAR PARTY shall ordinarily be held once in two years at the place and time determined by the National Executive Committee.
2. The Session shall consist of the President of BHARAT JAN-AADHAAR PARTY and all delegates authorized by State Executive Committees.
3. The Session shall consider resolutions, recommended to it for adoption by the Subject Committee First.
4. The Session shall take up after resolutions under item above, other resolutions provided at least 30 delegates have the commencement of the day’s sitting, requested the President in writing to allow them to place the resolution’s before the Session and the same has / have received the approval of the Subjects Committee.
Special Session of the PARTY shall be called up in case the National Executive Council so decides or if a majority of the State Committees, through their Resolutions, requests the President of the party to convince such a Session. Delegates of the general session will be the delegates of special session also.
1. The Office of a member of any Committee or Board or of a delegate constituted under this Constitution shall be vacated by resignation, removal or death.
2. All vacancies, unless otherwise provided for, shall be filled up in the same manner as that by which the vacated member was chosen and members so elected or chosen shall hold office for the unexplored term of the seat vacated.
3. Any member who does not attend three successive meetings of any BHARAT JAN-AADHAAR PARTY Committee without prior intimation of his absence shall forthwith cease to be member of the concerned Committee.
4. In the absence of any provision to the contrary, a Committee or Board, once it is validly constituted, shall not become invalid by reason of any vacancy in it.
The funds of the BHARAT JAN-AADHAAR PARTY shall be :1. TPermanent Funds :
(a) A donation given in a form of capital nature shall form a part of this Fund. (b) A donation given for specific purpose and whose interest is to be utilized every year shall form part of permanent fund.
2. Temporary Funds :
(a) Membership Fees (b) Any Income (c) Donations
ACCOUNTING YEAR :
The Bank account shall be opened in any one or more scheduled Bank/s, Post Office Bank or the Co-Operative Banks in the name of the BHARAT JAN-AADHAAR PARTY and shall be operated jointly by a Treasurer and any one out of General Secretary and Chairman.
The accounting year will end on 31st March. It will be carried for 12 months only. The fund of the party will be used for the purpose of the party for purchase and printing of stationery for miscellaneous expenses and for undergoing expenses at the instance of the decisions of National Executive Council towards achieving the objectives of the Party. The funds of the Party will be kept in the bank for the purpose of withdrawing the amount from the bank. Any two of the General Secretary will sign. The signature of the General Secretary will be compulsory.
Party will submit its annual financial return to the Commission within 6 months of the end of each financial year and the audit of the party accounts will be conducted by an auditor empanelled with the CAG. The fund of the party will be used for political purpose only and the party will abide by the instructions issued by the Commission from time to time in maintenance of its accounts.
BHARAT JAN AADHAAR YUVA PARTY and BHARAT JAN AADHAAR MAHILA PARTY shall be the Youth Wing of the Party devoted to the implementation of objects of The Party to organize youth, to create though of national integrity, social justice, to defend against injustice and corruption and other social service. It shall have units at State / District / Block / Mohalla / Ward / Village levels also.