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How Democratic is Indian National Congress?

How Democratic is Indian National Congress? Much more than BJP

Constitution of INC is much more democratic than any other party. Most of the positions in INC are through process of secret ballot or eligible members have successfully contested elections below working committee level. Majority of working committee are elected through ballot.

But INC Constitution is not properly implemented. There is a provision for 15% representations for special categories; it shall be much more effective if these special categories are nominated through either elections or transparent selection process.

Object of the INC is not clearly defined even as Manmohan Singh was member CWC at the time of drafting. Neither the policies nor procedures leave it directionless. Equal opportunity to political, economic & social rights means all farmers and SMEs should have access to Bank Credits at par with industry but over 95% get only 9% of bank credit and most of them are charged 36% to 120% or more interest.

Like in other parties Social Evils like child marriage, un-touchability, regionalism, extortions of moneylenders, corruption, superstitions and bogus astrology are not no place in INC constitution.

Most amazingly INC prescribes 1% of income as contribution to party funds by members. Thus INC may prefer Pro Rich bias in their membership drive. Instead of transparent membership process numbered applications are distributed through primary members and office-bearers. But there is no bar for members swindling banks or indulging in forgeries and frauds. MPs caught taking bribes are not automatically disqualified.

No Active Member of INC is allowed to own property in excess of land ceiling laws but Narsimha Rao and so most others have much more land and property than ceiling limits.

Active Member is required to recruit 25 members every triennial. Had it been so entire world would have acquired INC membership.

Ravinder Singh

January25, 2009

http://www.eci.gov.in/mis-Political_Parties/Constitution_of_Political_Parties%5CConstitutionOfINC.pdf

Article XIX

WORKING COMMITTEE

(a) The Working Committee shall consist of the President of the Congress, the Leader of the Congress Party in Parliament and 23 other members, of whom 12 members will be elected by the AICC, as per rules prescribed by the Working Committee and the rest shall be appointed by the President. The President shall appoint a Treasurer and one or more General Secretaries from amongst the members of the Working Committee. The President will have power to appoint one or more Secretaries / Joint Secretaries from elected members of the AICC. The Secretaries / Joint Secretaries will discharge the duties as may be assigned to them by the President. Ordinarily members of the Working Committee will be appointed from amongst the members of the AICC but in special cases, delegates who are not members of the AICC may be appointed; provided however, that a delegate so appointed shall cease to be a member of the Working Committee if he is not elected as member of the AICC within six months of his appointment.

Rule under Article XIX (a): Working Committee:

Procedure for election of 12 members of the Working Committee:

B. Method of Voting:

1. Voting shall be by ballot.

2. A voter can record on the ballot paper as many as 12 votes. Provided that not more

than one vote shall be cast in favour of each candidate.

3. A ballot paper shall be rendered invalid if a voter records more than twelve votes on the ballot papers.

4. The first 12 candidates, securing the highest number of votes, shall be declared elected.

INDIAN NATIONAL CONGRESS

Article I

OBJECT

The object of Indian National Congress is the well-being and advancement of the people of India and the establishment in India, by peaceful and constitutional means, of a Socialist State based on Parliamentary Democracy in which there is

equality of opportunity and of political, economic and social rights and which aims at world peace and fellowship.

Article II

ALLEGIANCE TO CONSTITUTION OF INDIA

The Indian National Congress bears 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.

Article III

CONSTITUENTS

The Indian National Congress will include the plenary and special sessions of the Congress and,

(i) The All India Congress Committee,

(ii) The Working Committee,

(iii) Pradesh Congress Committees,

(iv) District/City Congress Committees,

(v) Committees subordinate to the District Congress Committee like Block or Constituency Congress Committee and other subordinate Committee to be determined by the Pradesh Congress Committee concerned.

Article IV

TERRITORIAL DIVISION

(a) Pradesh Congress Committees shall ordinarily be constituted in the Pradeshes named below with the headquarters mentioned against each:

All States & UT etc

Article V

MEMBERSHIP

(A) (a)(i) Any person of the age of 18 or over, who accepts Article I, shall, on making a written declaration in form "A" and on payment of triennial subscription of Rs. 3.00 only, become a primary member of Congress provided that he/she is not a member of any other political party, communal or other, which has a separate membership, constitution and programme;

(A) (b) Any primary member may become an active member, on enrolling 25 primary members triennially, if he fulfills the conditions laid down in Article V (B).

(B) ACTIVE MEMBERSHIP

The following categories of persons who are primary members are eligible to be Active Members:

(i) Members of Panchayats, Block Development Committees, Zila Parishads, Notified Area Committees, Town Area Committees, Municipal Committees, Municipal Corporations, other local bodies, Metropolitan Councils, State Legislatures and Parliament;

(ii) Those who are actively connected with such organisations as are recognised for the purpose by the Working Committee;

(iii) Freedom Fighters who have undergone imprisonment or were externed or were underground or were penalised for participating in freedom movement;

(iv) Any person who has been a primary member for two consecutive years;

(v) Any other person approved by the Congress President.

Every Active Member will have to fulfill the following conditions and make a declaration in Form 'B' under his/her signature:

(a) He/She is of the age of 21 and over;

(b) He/She is a habitual wearer of certified Khadi;

(d) He/She neither believes in nor practices untouchability in any shape or form and undertakes to work for its removal;

(e) He/She believes in an integrated society without distinction of religion or caste;

(f) He/She undertakes to perform minimum tasks including manual labour as may be prescribed by the Working Committee;

(g) He/She does not own any property in excess of the ceiling laws applicable to him / her;

(h) He/She subscribes to and works for promoting the principles of secularism, socialism and democracy; does not, directly or indirectly, openly or otherwise, adversely criticise the accepted policies and programmes of the party, except through party forums;

(i) He/She shall subscribe to the periodicals approved by AICC.

(1) Every Active Member shall undergo a minimum training as may be prescribed by the Working Committee.

(2) No Active Member shall be entitled to contest for the election to:

(i) All India Congress Committee,

(ii) Pradesh Congress Committee,

(iii) Executive of the District/City Congress Committee,

(iv) Parliament, the State Legislature, Metropolitan Councils or Local Bodies contested on party ticket;

Unless he undertakes to undergo a minimum training as may be prescribed by the Working Committee.

(3) No person shall be selected for election on party ticket to Parliament, State Legislature and Local Bodies unless he is an Active Member.

Article VI(A)

RESERVATION FOR WOMEN/SC/ST/OBC/MINORITIES

(a) 33% of the seats at different Committees shall be reserved for the women.

(b) Not less than 20% of the seats shall be reserved at different Committees for SCs/STs/OBCs and Minorities.

Notwithstanding anything contained in the above provision in the Article VI(A) (a), Article VI(A) (b) the Congress President shall have the authority to relax the percentage of sectoral representations for the categories stated above.

Rule Under Article VII (2): Contribution to Party Fund by Active Members:

1. Each Active Member shall contribute to the Party Fund as categorised below.

(a) Re.1.00 per month for net monthly income upto Rs.500/-

(b) 1% of net monthly income above Rs.500/-

Article VIII

PRIMARY COMMITTEES AND QUALIFICATION OF VOTERS AND CANDIDATES

(a) Primary Committees:

Primary members of a basic unit will elect its President and an Executive Committee. President shall be an Active Member. The President shall appoint a Secretary from amongst the members of the Executive Committee.

Rule Under Article VIII (a) - Primary Committee:

1. A Primary Committee will be the basic unit of the Organisation.

2. A Primary Committee shall, as far as possible, correspond to the area of territory falling under one Polling Booth or Polling Station in the General Elections.

3. All Members of the Primary Committee shall meet at an appointed time and place and elect the President, Vice-President and a Treasurer and the Executive Committee of the Primary Committee.

4. The President of the Primary Committee shall be elected from amongst the Active Members. Any Primary Member can seek election to the Membership of the Executive Committee. The President shall appoint the General Secretary from amongst the Members of the Executive Committee.

5. The Election of the President, Vice President, Treasurer and Executive Members of the Primary Committee shall be by show of hands.

Rule Under Article VIII (a) - Primary Committee:

1. A Primary Committee will be the basic unit of the Organisation.

2. A Primary Committee shall, as far as possible, correspond to the area of territory falling under one Polling Booth or Polling Station in the General Elections.

3. All Members of the Primary Committee shall meet at an appointed time and place and elect the President, Vice-President and a Treasurer and the Executive Committee of the Primary Committee.

5. The Election of the President, Vice President, Treasurer and Executive Members of the Primary Committee shall be by show of hands.

Article IX

SUBORDINATE CONGRESS COMMITTEE

(a) The PCC shall constitute a Subordinate Congress Committee for a Panchayat

Development Block or Panchayat Samiti or Panchayat Union, as the case may be, and it shall be known by the name "Block Congress Committee."

(d) Every primary committee shall elect a delegate to the Block Congress Committee. An Active Member who is enrolled as a member in the basic unit shall be eligible to be a candidate. Such delegate shall be a member of the Block Congress Committee.

(e) The Block Congress Committee shall consist of the Presidents of the primary committees subordinate thereto and the delegates elected by the primary committees.

Article X

DISTRICT CONGRESS COMMITTEE

A DCC shall cover an area prescribed by the PCC in its Constitution and shall

consist of:

(a) Six members elected by secret ballot by each Block Congress Committee to the DCC as per rules prescribed by the Working Committee;

(b) All ex-Presidents of the DCC who have completed a full term of 365 days and

have continued to be Active Members;

(d) Presidents of the Block Congress Committee, provided that they shall not be

eligible to become either President or Secretary of the DCC;

(e) Members of the Legislature Congress Parties, both Central and State, from the district, provided that they are Active Members;

(f) Leaders of the Congress parties in Municipal Corporations, Municipalities

and District Boards/Zila Parishads or Janpads in the District, provided that they are Active Members;

(g) Members co-opted by the DCC Executive as per rules prescribed by the

Working Committee.

Rule Under Article X - District Congress Committee

1. (a) A candidate for election to a District Congress Committee need not necessarily be a member of a subordinate Congress Committee. Only an Active Member shall be entitled to be a candidate.

(b) A candidate for election to a District Congress Committee should ordinarily be resident of the District concerned.

(c) Voting in the election of Members of a District Congress Committee by the unit members of the subordinate Congress Committee shall be by ballot.

2. Special elements, not adequately represented mentioned in Sub-Clause (g) of Article X, shall be co-opted by the Executive of the District Congress Committee from (i) Women, (ii) Scheduled Castes and Scheduled Tribes, (iii) Minorities, (iv) Trade Unions, (v) Indian Youth Congress, (vi) National Students' Union of India, (vii) Congress Seva Dal and (viii) persons having special knowledge or practical experience in respect of literature, science, arts, social services etc. in the proportion of 15 per cent of the members of a DCC coming under clause (a) of Article X provided that in case of co-option of Youth Congress Workers, no person who is more than 30 years shall be eligible for such co-option.

Article XI

PRADESH CONGRESS COMMITTEE

A. A Pradesh Congress Committee shall consist of:

(a) Members elected by the Block Committees;

1. Every Block Congress Committee shall elect by secret ballot, a delegate to the

PCC and such delegate shall be a member of the PCC.

2. An Active Member ordinarily resident or having his place of business, occupation or profession within the area of the PCC would be eligible to be a candidate for election as delegate from any Block Congress Committee within the area of the said PCC, Provided that :

(b) Ex-Presidents of the PCC who have completed a full term of 365 days and have continued to be Active Members;

(d) AICC members who reside in the Pradesh;

(e) Members elected by the Congress Legislature Party at the rate of 5% of the number of PCC or TCC members subject to a maximum of 15;

(f) Members co-opted by the PCC Executive from special elements not adequately represented and others in accordance with the rules prescribed by the Working Committee.

Rule Under Article XI(A) -Pradesh Congress Committee:

1. Election of members to the Pradesh Congress Committee under sub-clause (a) of Article XI(A) shall be as follows:

(a) All members of the Block Congress Committee, which forms the Delegate constituency, shall meet at an appointed time and place for the election and each member shall be entitled to vote for one of the candidates. The election result shall be declared by simple majority.

(b) The voting, if necessary, shall be by secret ballot.

(c) A candidate for election to the Pradesh Congress Committee need not necessarily be a member of subordinate Congress Committee. Only an Active Member shall be entitled to be a candidate.

(d) A delegate constituency shall be entitled to elect its delegate provided that Block Congress Committee members have been duly elected in at least 50 per cent of its basic units.

2. The special elements not adequately represented mentioned in sub-clause (f) of clause (A) of Article XI shall be co-opted by the Executive of the Pradesh Congress Committee from (i) Women, (ii) Scheduled Castes and Scheduled Tribes, (iii) Minorities, (iv) Trade Unions, (v) Indian Youth Congress, (vi) National Students' Union of India, (vii) Congress Seva Dal and (viii) persons having special knowledge or practical experience in literature, science, arts, social services etc. in the proportion of 15 per cent of the members of the PCC coming under sub-clause (a) provided that in the case of co-option of Youth Congress workers, no person who is more than 30 years shall be eligible for such co-option.

3. Election of members to a Pradesh Congress Committee under sub-clause (e) of Article XI(A) shall be as follow:

The Legislature Congress Party shall elect to the PCC 5 percent of the total number of PCC or TCC members subject to the maximum of 15 by proportional representation according to the system of single transferable vote.

Article XII

DELEGATES

All members of the Pradesh Congress Committees shall be delegates to the Indian National Congress.

Article XIII

ALL INDIA CONGRESS COMMITTEE

A. The All India Congress Committee shall consist of:

(a) One-eighth of the number of the PCC members elected by them from amongst themselves by proportional representation according to the system of single transferable vote, provided that the number is not less than five; however four members each shall be elected from Chandigarh, Andaman Nicobar, Dadra Nagar Haveli, Daman & Diu and Lakshadweep TCCs;

(b) President of the Congress;

(c) Ex-Presidents of the Congress who have completed a term of 365 days and have continued to be Active Members of the Congress;

(d) Presidents of the Pradesh Congress Committees, provided that they shall not be eligible to become an office-bearer of AICC;

(e) Leader of the Congress Party in Parliament;

(f) Leaders of the Congress Party in the Legislatures, Legislative Assemblies in Union Territories and Metropolitan Councils;

(g) 15 members elected by the Congress Party in Parliament according to the system of single transferable vote;

(h) Members co-opted by the Working Committee from special elements not adequately represented and others in accordance with the rules prescribed by the Working Committee.

B. (a) The President of the Congress shall be the President of the All India Congress Committee.

(b) The AICC shall arrange for the implementation of the programme of the work laid down by the Congress and shall have powers to deal with matters and situations that may arise during its term of office.

(c) The AICC shall have power to frame rules, not inconsistent with this Constitution, for regularising all matters connected with the Congress which shall be binding on all subordinate Congress Committees.

(d) The AICC shall meet as often as required by the Working Committee, but not less than twice a year, or on a joint requisition addressed to the Working Committee by not less than 20% of the total number of AICC members having full voting rights. Such requisition shall specify the purpose for which the requisitionists desire a meeting of the AICC. A requisitioned meeting shall be held within 2 months of the receipt of the requisition, provided that not more than one requisiton can be moved in one year. At any requisitioned meeting, additional items of business may be brought up by the Working Committee for

consideration.

(e) At all meetings of the AICC other than requisitioned meetings, at least 2 hours shall be allotted for consideration of proposition of which due notice has been given by the members of the AICC in accordance with the rules prescribed in that behalf.

(f) One hundred or one-fifth of the total number of members, whichever is less, shall form the quorum for a meeting of the AICC.

Rule Under Article XIII(A) -All India Congress Committee:

1. Election of members of the All India Congress Committee under Sub-clause (g) of Article XIII(A) shall be as follows:

The Congress Party in Parliament shall elect from amongst its MPs 15 members to All India Congress Committee by proportional representation according to the system of single transferable vote. In case a Member so elected ceases to be a Member of Parliament, his/her membership of the AICC under Article XIII(A) (g) will also cease.

2. The special elements not adequately represented mentioned in Sub-clause (h) of clause (A) of Article XIII shall be co-opted by the Working Committee from (i) Women, (ii) Scheduled Castes and Scheduled Tribes, (iii) Minorities, (iv) Trade Unions, (v) Indian Youth Congress, (vi) National Students' Union of India, (vii) Congress Seva Dal and (viii) persons having special knowledge or practical experience in literature, science, arts, social services etc. in the proportion of 15 per cent of the members of the AICC coming under sub-clause (a) provided that in the case of co-option of Youth Congress Workers, no person who is more

than 30 years shall be eligible for such co-option.

Article XIV

CO-OPTED MEMBERS

The Working Committee and the Executive Committee at Pradesh and lower levels may co-opt upto 15% of the total membership of the AICC, PCC and other lower Committees concerned as per rules prescribed by the Working Committee.

The Co-opted members at the AICC, PCC and lower levels shall not exercise any voting right in any organisational election nor shall they 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 XV

SUBJECTS COMMITTEE

(a) The AICC shall meet as the Subjects Committee under the Chairmanship of

the President prior to the Congress Session. The Working Committee or, in case a new President has been elected before the Session and there is no Working Committee appointed by him functioning, a Steering Committee, appointed by the President, shall submit to the Subjects Committee the programmes of work, including draft resolutions for the Congress Session. The draft resolutions shall be made available to the members of the Subjects Committee/AICC atleast two weeks before the meeting. While drafting the resolutions, the Working Committee or the Steering Committee shall take into consideration the resolutions recommended by the Pradesh Congress Committee and resolutions given notice of by the members of the AICC.

(b) The Subjects committee shall proceed to discuss the programme and shall frame resolutions for being moved in the Open Session. As far as possible, four hours shall be allotted for the consideration of propositions of which due notice has been given by the Pradesh Congress Committee or the members of the AICC.

Article XVIII

ELECTION OF THE PRESIDENT

(a) The Chairman of the Central Election Authority will be the ex-Officio Returning Officer for the election of the President.

(b) Any ten delegates may jointly propose the name of any delegate for election as President of the Congress. Such proposals must reach the Returning Officer on or before the date fixed by the Working Committee.

(e) On a date fixed by the Working Committee, which shall not ordinarily be less than seven days after the final publication of the names of contesting candidates, each delegate shall be entitled to record, for the election of a President, his vote in the following manner: On the voting paper which shall exhibit the names of the candidates, the delegate shall, if there are only two candidates, record his vote for one of them. If there are more than two candidates, the delegates shall record atleast two preferences by writing the figures 1, 2 etc. against the names of the candidates voted for. In such a case, he may give more than two preferences, if he wishes to do so but any voting paper showing less than two preferences will be regarded as invalid. The voting paper shall be deposited in a ballot box provided for the purpose.

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