Free download this pamphlet from this link – brvp.org/vikalp-constitution.pdf
The constitution of Vikalp Party
List of articles
(1.1) The name of the party shall be Vikalp Party
(1.2) In case ECI i.e. Election Commission of India, doesn’t approve that name, then the proposed names in order will be (a) Bhartiya Vikalp Party (b) Rashtriya Vikalp Party (c) Rajnitik Vikalp Party
(d) Bhartiya Rashtravadi Vikalp Party
(1.3) In case all 5 names are rejected by ECI, then the National President will decide the name.
(1.4) The words "the Party” here in entire document means "Vikalp Party” or whatever name ECI approves.
(2.1) The Vikalp Party 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.
(2.2) The Party and its office bearers will not promote or instigate violence or hate in any form.
(2.3) Any member who promotes violence or hate will be expelled.
(2.4) The Party will work to inform all the voters of India about our proposed Citizen-Verifiable Transparency Government website for Public Fund Spending details and other Citizen-Verifiable systems, Right to Recall laws, Jury System laws, referendum laws and other proposed laws and systems which can be improved by Citizen participation and activity, both public and private systems. Party will also inform and compare laws and systems practiced in USA and several countries across world. The Party will also inform all the voters of India about merits of wealth tax and demerits of indirect taxes such as GST, excise etc. All in all, the Party will work inform all the voters of India about useful laws countries across world had from 2000 BC till date, and their merits and demerits.
(2.5) The Party will work to inform voters of India about proposed law-draft and systems which can make India as strong as other countries in the world such as USA, etc. in all respects - defense, manufacturing, medicine, maths \ science skills etc.
(2.6) The Party members will work to obtain and display count of number of voters who have supported Party`s proposed laws via SMS, twitter etc. and their Voter number details. Until proposed recall and other proposed laws are implemented, party will promote Citizen-Verifiable, Public Opinion Gathering systems via its website etc.. And when certain number of Voter number support is displayed for a proposed law-draft, party will take it up at higher levels.
(2.7) Only those persons can become candidates supported by the Party who have before elections registered their names on the Party SMS/Tweet counting website as potential election candidates and have gathered and displayed at least 0.4% Voter number supports of total number of voters of that area for themselves as election candidates of that area and gathered and displayed at least 0.4% Voter number supports of total number of voters of that area for one or more of the law-drafts supported by the party.
(2.8) What the Party and the Founders do NOT promise
(2.8.1) The existing law in India only enables a political party (a) to expel an MP/MLA from their party and (b) to control vote of MP/MLA inside Parliament/Assembly using anti-defection law.
(2.8.2) But the anti-defection law also enables majority MPs/MLAs to change the party whip by majority vote amongst MPs/MLAs. So if majority MPs/MLAs change the whip, then party heads or party members have no way to control votes of MPs/MLAs in Parliament/Assembly.
(2.8.3) So the Party and its founders, as of today, do NOT make any promise to voters that the Party will be successful in (a) forcing majority MPs/MLAs to keep promises given in this constitution or manifesto OR (b) ensure that MPs will behave properly and will not indulge in vices, corruption and inefficiency.
(2.8.4) The Party will work to bring Citizen Verifiable, Transparency Government Website for displaying Public Fund Spending details, Right to Recall laws which will enable voters to expel MPs\MLAs who refuse to keep their election promises. But as of today, no such law exists. In case majority MPs\MLAs of the Party refuse to pass these laws, then the voters will have to use whatever non-violent, legal, ethical means they have at disposal to ensure that majority MPs of the Party do keep their poll promises, or resign promptly. The Party will assist voters, within the framework of non-violence, prevailing laws and ethics.
(2.9) The principle of Inner Party Democracy
(2.9.1) MP etc. Public representatives and Political Parties can count Voters – they cannot listen to the Voters. Let us explain. Say each voter desires that MP should listen to him for 5 minutes. Now MP has average 17 lakh voters and even 25% voters speak for 5 minutes each, it is 17 lakh * 25/100 * 5 minutes = about 21 lakh minutes . And even if MP spends 10 hours a day listening, then also it would take him over 8 years to 9 years !!! In Other Words, it is materially impossible for an MP to "hear" your speech or read your letter or read your sms. And it is impossible for PM. Even corporator who has 50,000 to 1 lakh voters won`t be able to hear voters below him. Only solution for party and Public representatives is to group Opinions along with their Voter numbers sent by Voters of their area via SMS, tweet etc. and act on it.
(2.9.2) The essence of Democracy is that citizens have right and ability to see all public information freely and based on that decide to whether expel / replace any power holder any day. So members of the Party will have procedure to replace / expel the apex leaders of Party.
The moral of compensation
for points upon expulsion (unexpected and unwanted change in Party
(2.10.1) A nation or government is creation of all citizens and not a few individuals. But a private company or a Political Party is not creation of all citizens. A political party is a creation of labor of the founders, the voters who voted for candidate or the manifesto, and then new candidates who joined that party.
(2.10.2) So inside a nation, the citizens have right to expel / replace leaders without giving them any compensation. And inside a company or Party, members/shareholders have right to expel/replace Founders or apex leaders, but it would be immoral to expel them without giving pre-decided compensation for their work. Compensation is also so that expelled officers can start their own Party.
(2.10.3) The Party Constitution should have clear guidelines for replacement of apex officers at all positions and all levels, and compensation for their contributions, in getting vote shares, upon replacement. And the compensation needs to be paid by those and only those who seek replacement.
(2.11) Creation of alternatives, not mere opposition
(2.11.1) The main guideline of the Party is - one must create viable better alternative, and only then oppose the existing person / system in place. In absence of alternative, opposition is only an attempt to create vacuum which only weakens the Party or the Nation.
Those who do not work to create alternative, but oppose, only increase
thought pollution, and the Party will request all voters to simply ignore and
boycott such persons, but use no violence or even verbal abuses against them.
(3.1) Ordinary Member - Any citizen of India above 18 years and a registered voter and not member of any other party can become ordinary member of Party by declaring that he or she is a member of the Party. An ordinary member shall not have any voting right. If he knows how to use Facebook / Twitter etc., then he must mention so on FB or twitter and cite his voter number on FB / twitter. If he has a mobile phone, then he must also send SMS to the Party's sms server, that he has become member and mention his voter number. If the member wants, Member can send request to register at Party`s SMS server and give his Voter number support for laws promoted by the party. The National Committee may later issue membership form that a member has to fill and sign and membership fees as prescribed from time to time. There will no screening procedure to become ordinary member.
(3.2) Active Member –
(3.2.1) `Member` in the following sections means an `active member` unless specified.
(3.2.2) Only an Active Member shall have the right to vote.
(3.2.3) Ordinary Members will be eligible to become active member 4 months after registering at party website with their Voter number and after approval of their membership form and if they have at least 100 contribution points. Contribution Points are described in a later article.
(3.2.4) The list of Active Members shall be frozen one month before the call for applications of candidates for any Party election.
(3.2.5) An Active Member shall pay membership fee and have minimum yearly contribution points as prescribed from time to time to retain active membership.
(3.2.6) If place of residence or contact number or Voter number of an active member changes, he/she should get his address changed by giving intimation in writing to the concerned units.
(3.2.7) `Constituency of Member` will be the constituency from where the member has been last registered in Voter list and is still in the Voter list in that constituency.
(3.3) The members will be free to contest election as independent and will be free to campaign for other candidates and free to campaign against the Party candidates. The member will not be expelled or suspended for this nor any other action taken against the member.
(3.4) Cessation of Membership : Party can expel any member as per article-06 or due to reasons of death, resignation letter given to National Committee, joins any other political party.
(4.1) The Party will have following nodal officers
(4.1.1) One National President
(4.1.2) One Loksabha Constituency Chairman for each LS constituency
(4.1.3) One State Chairman for each State
(4.1.4) One Assembly Constituency Chairman for each Assembly constituency
(4.1.5) One City Chairman for each Municipal Corporation or Municipality
(4.1.6) One City Ward Chairman for each ward
(4.1.7) One District Chairman for each District
(4.1.8) One District Ward Chairman for each constituency in District Panchayat
(4.1.9) One Tahsil Chairman for each Tahsil in India
(4.1.10) One Tahsil ward Chairman for each Constituency in Tahsil Panchayat
(4.1.11) One Gram Chairman for each Gram Panchayat in India
(4.2) Bodies at National Level
(4.2.1) The National Level will have a National President, a National Cabinet and a National Committee
(4.2.2) The National President’s term will be 4 years OR till members replace him, whichever is earlier. The members may replace National President anyday, using Right to Recall National President procedure given in a later section. First National President will not be recalled for minimum of one year or until he resigns whichever is earlier.
(4.2.3) The National Committee will have upto 50 members. The members will be appointed by the President or elected by the members. Within six months after the Party gets registration number, the National President will ensure that at least 2/3rd of the Committee Members are elected by the Party members across India and not appointed.
(4.2.4) The Committee members elected by party members will be recallable by the Party members only. The Committee members which are appointed by the President will be recallable by either the President or two-third majority of total number of Cabinet members.
(4.2.5) The exact election procedures and recall procedures for National Committee members is defined in later section. The election and recall will have open voting i.e. each member will be able to see every members’ vote.
(4.2.6) The National President will form National Cabinet of 4 to 10 members from National Committee.
(4.2.7) In the Central Government, the PM can remove a Cabinet Minister any day without permission of other Ministers or Cabinet as a whole. To be specific, article-75(1) of our Magnum Opus Indian Constitution says and enshrines "The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister". So in the same way, National President will have power to add or remove any member, from the National Cabinet without approval of any other Cabinet Member or Committee members or Cabinet as a whole or Committee as a whole.
(4.2.8) If the Party members disagree with the decision of National President to remove a Cabinet or Committee Member, then the Party members may recall National President using Right to Recall National President procedures give in later sections. Or, the Party members may start a new political party. Their Points will NOT be decreased.
(4.2.9) The National President will appoint some of National Cabinet member as National Vice President, National General Secretary, National Treasure etc. as the need be. The National President will define their powers and duties.
(4.3) Bodies at levels below National Levels
(4.3.1) The levels below National Level, mentioned in (4.1.2) to (4.1.11), will have a Chairman and Committee of upto 50 members, and no Cabinet. The Cabinet will be only at National Level.
(4.3.2) The National Cabinet or delegated authority will appoint the first Chairman of lower level unit. In that unit, the appointed Chairman will form Committee by appointing Committee Members. Within 6 months, the National Committee will ensure that Chairman and at least 2/3rd Committee members are elected by members of that level and appointed members are no more than 1/3rd
(4.3.3) The term of Chairman and each elected Committee member will be 4 years. After that, they will be re-elected by the members in that unit.
(4.3.4) If members are not available to fill a position, then those positions will remain vacant till members become available.
(4.4)Powers and Functions of the nodal officers and bodies - Each nodal officer will plan activities
to publicize law-drafts that the Party wishes to bring,. At National level, the National President
will carry out activities after Cabinet approves. And at levels below National level, the
Chairman will carry out activities after Committee approves.
(5.1) At National Level
(5.1.1) At national level, the Party will have President, Cabinet Members and Committee Members. Other than that, the Party will have no other officer bearers. All work will be done by the President and Cabinet / Committee members
(5.1.2) The President can give titles to some Cabinet Members as Vice-President, General Secretary, Treasurer etc. and decide their duties as need be.
(5.1.3) All important decisions at National level will be taken by the Cabinet by majority vote. Cabinet can also take decision of other bodies when those bodies are yet to form. None will have veto power.
(5.1.4) Any decision of President can be cancelled by Cabinet using majority votes. And decision of Cabinet can be cancelled by Committee Members’ majority votes. And Committee’s decision can be cancelled by the Party members’ majority votes.
(5.1.5) If Cabinet using majority vote makes same decision after being cancelled once by Committee, then that decision of Cabinet will prevail. But in such case, the members may remove the President using Right to Recall President clauses given later.
(5.2) At levels below National levels
(5.2.1)At lower levels, other than Chairman and Committee Members, the Party will have no other office bearers. All work will be done by the Chairman and Committee members
(5.2.2)The Chairman can give titles to some Committee Members as Deputy Chairman, General Secretary, Treasurer etc. and decide their duties as need be.
(5.2.3)All important decisions at lower levels too will be taken by the Committee by majority vote. None will have veto power.
(5.2.4)Any decision of Chairman can be cancelled by Committee using majority votes. And decision of Committee can be cancelled by majority votes of the Party members of that unit.
(6.1) Any member will be free to file a police complaint or court complaint against any member including the National President, any Chairman, any Council Member, any Committee Member.
(6.2) The Party will not take any action against any member and never expel / suspend any member for his speech or views against anyone or any issue except for publicly opposing the main Party Agenda or Party Constitution.
(6.3) Expulsion / suspension will be done only when a member, including founding member, has publicly opposed the main Party Agenda or party constitution or has committed a crime and court has convicted him or charge-sheeted him. Upon charge-sheet, his membership will be suspended, and can be restored if he is acquitted. In such case, the Cabinet may temporarily debar the member from attending all meetings and stop counting his votes in inner party affairs such as election / recall of party officers or Constitutional Amendments or making of bylaws. But his votes in deciding MP / MLA candidates will be always counted. But if he is convicted, then membership will be cancelled.
(6.4) In such cases mentioned in 6.3, only National Committee can expel member with majority votes and members can cancel the decision of national Committee using majority votes.
(7.1) At National level, the President will take decisions and execute them after Cabinet approves with majority votes. None will have veto power. If President approves and Cabinet disapproves, then the President may seek approval from Committee members. And if Committee members disapprove, then the President may seek approval from all members of Party using internal referendum. And if members approve, then the President can implement the decision against the wish of Cabinet members and Committee members.
(7.2) At lower levels, the Chairman will take decisions and execute them after Committee approves with majority voting. If Chairman approves and Committee disapproves, then the Chairman may seek approval from all members in that unit at that level using internal referendum. And if members approve, then the Chairman can implement the decision against the wish of Committee members.
(7.3) A decision of lower level Committee can be cancelled by Committee at higher level. But if decision if approved by referendum of members at lower level, then only a referendum at higher level can cancel it.
(7.4) Meetings - For holding Plenary (national) Session, one month notice will be given to members through assured means. For holding local/State Committee meetings ten days’ notice will be given to members through assured means.
Quorum - Quorum
for all meetings shall be one-third of the strength of the concerned body. If
the Quorum is not complete at the appointed time, the meeting will be adjourned
and a new meeting will then be convened after 7 days at the same time and place, unless
members are informed of any other time and place for the next meeting. There shall be no need of a quorum
for a meeting that was adjourned due to want of quorum.
(8.1) The Party will take money only from individuals and not from non-person entities such as Trusts, Companies, Associations etc., except bodies which are enacted by laws passed by Parliament or Assembly.
(8.2) The Party will NOT take any money from any foreign source, except Indian citizen residing abroad or PIO residing abroad.
(8.3) The Party will NOT give tax exemption certificates and benefits to the donors, except when donor is a body enacted by law passed Assembly / Parliament. The donors will be requested to pay taxes first and then contribute to the Party.
(8.4) All contributions will be made public. And all expenses will be made public as well along with name of approving person.
(8.5) The Party will use funds for all political activities such as newspaper advertisement, printing pamphlets, distributing pamphlets, contesting elections, making websites and apps needed for Voting via SMS etc., organize tours for campaigners, maintain offices and all other political purposes. One week before any expenditure for offline activities, multiple quotations will be taken and displayed online except if there is some emergency need. Decision of National President in this respect will be final.
(8.6) All expenses must be approved by at least 1 Cabinet Member and National President. The National President will be solely answerable to all expenses and only he will be answerable.
(8.7) The funds will not be used for any personal purposes.
(8.8) The funds will not be used to buy any land or buildings. Longest rental contract will be 3 years.
(8.9) The accounts will be maintained as per accrual basis. The Party will get accounts audited as per ECI norms, and by an Auditor in the panel of CAG. And accounts will be submitted to ECI within 6 months of the end of the financial year.
(8.10) All cash donations will be deemed as money on which due Income Tax has not been paid by the giver. So the Party will deposit 30% of all cash contributions in Prime Minister’s Relief Fund or Income Tax Dept. As far as possible, the Party will make rules to discourage donations or contribution by cash.
(9.1) Any member can propose an amendment as per format prescribed by National Cabinet.
(9.2) The members will cast open vote via SMS or internet or means prescribed by the National Cabinet. And if a member has not voted YES, then his vote will be taken as a NO. If the proposal gets 2/3rd votes, then the proposed Amendment will be considered as passed or else failed.
(9.3) The Amendment cannot make any changes in the Basic Structure of the Constitution - namely collecting / displaying opinion with Voter number for proposed law-drafts. However, the Party accepts that Loksabha or Rajyasabha can amend Basic Structure using simple majority in either House.
(9.4) Voting will be open and will be carried out on some open platform like website of Party or Facebook.
(9.5) Till the website etc. are not ready, and mechanisms of internet based voting are not worked out, the voting may involve physical presence at the party headquarter. The National President should ensure that internet / sms based open mechanism becomes available within 6 months after registration number is obtained.
(9.6) The Loksabha of India or Rajyasabha of India may amend the Party Constitution using a simple majority. The Party promises not to challenge the decision of Loksabha or Rajyasabha in Courts. So if some Party members fail to carry out the amendments they had wished, then they may approach the MPs.
(10.1) Any member can propose merger of Party with any other party
(10.2) The National Committee with unanimous vote must approve merger, and then over 2/3rd votes of members must approve merger. And if a member has not voted YES, then his vote will be taken as a NO. If the proposal gets 2/3rd votes, then Merger proposal will be considered as passed or else failed.
(10.3) Any member can propose a split.
(10.4) Over 33% votes of members must approve split. And if a member has not voted YES, then his vote will be taken as a NO. If the proposal gets 33% votes, then Split proposal will be considered as passed or else failed. If passed, then the split faction will get % of the Party assets, minus assets pledged for newspaper advertisements in next 1 year, equal to % of members leaving by their Contribution Points. The Contribution Points of the members who have voted YES will become zero.
(10.5) Any member can propose a dissolution of the Party
(10.6) The National Cabinet with unanimous vote must approve dissolution, and then over 2/3rd votes of members must approve dissolution. And if a member has not voted YES, then his vote will be taken as a NO. If the proposal gets 2/3rd votes, then dissolution proposal will be considered as passed or else failed. All assets will be handed over to Govt. And all contribution Points will be deemed as cancelled.
(10.7) Voting will be open and will be carried out on some open platform like website of the Party or FB.
(10.8) Till the website etc. are not ready, and mechanisms of internet based voting are not worked out, the voting may involve physical presence at the party headquarter. The National President should ensure that internet / sms based open mechanism becomes available within 6 months after registration number is obtained.
(11.1) The Party 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.
(11.2) The Party and its office bearers will not promote or instigate violence or hate in any form.
(11.3) Any member who promotes violence or hate in any physical or verbal or any form will be expelled and the Party will file police complaint against him.
(11.4) The accounts will be maintained as per accrual basis. The Party will get accounts audited as per ECI norms, and by an Auditor in the panel of CAG. And accounts will be submitted to ECI within 6 months of the end of the financial year.
(11.5) Within 90 days of receipts and expenses, this information will be displayed in the accounts on web.
(11.6) The party will adhere to all mandatory provisions under Section 29 A (5) of RP Act.,1951.
The National Cabinet alone shall have the power and authority to interpret this Constitution and the regulations framed there under. The decision of the National Cabinet in respect of above shall be final and binding. If members disagree with the interpretation, then they may replace the President and the Cabinet Members using Right to Recall National President clauses given in later section.
And National Cabinet will make detailed rules from time to time to interpret and implement this Constitution. And National Cabinet will also frame detailed code to carry out activities.
Provisions will be made for members to vote on decision of National Cabinet and this vote will be displayed. And if members’ vote differs with National Cabinet’s vote, then further deliberations will be suspended till members complete Right to Recall National President procedure. And during that time, National Cabinet will take all decisions.
(13.1) Each member will get Contribution Points based on items mentioned in this Article.
(13.2) There will be two types of Contribution Points -
(13.2.1) Election Contribution Points -- Points obtained by contesting Loksabha, Assembly and Local Body elections
(13.2.2) Non-election Contribution Points -- obtained by other contributions such as newspaper advertisements, making and publicizing law-drafts, making and publicizing websites and Apps for the Party, organizing meetings, press conferences etc.
(13.3) The point counting will start from 01-jan-2016 i.e. all past contributions after 01-jan-2016 will fetch points.
(13.4) Founder member will get 1000 points one time until they remain founder and party member.
(13.5) For physically attending a plenary session or activism meeting, member will get 100 points after member posts video proof of attending the meeting on internet.
(13.6) If a member contests MP / MLA elections i.e. his election form passes and he doesn`t withdraw his form, and member has gathered and displayed on Party website, at least 0.4% Voter number supports of total number of voters of that area for themselves as election candidates of that area and gathered and displayed on internet on excel sheet, at least 0.4% Voter number supports of total number of voters of that area for law-drafts supported by the party, then he will get some points based on deposit amount irrespective of number of votes he gets and even if he gets zero votes. The points will be half of deposit amount or equal to deposit amount or twice, thrice the deposit amount depending on whether he got votes over 0.4% of polled votes, over 0.6%, over 0.8% or over 1% of polled votes. If other members have donated, points will be split with the donors in the ratio in which donation was made.
(13.7) Example : XYZ has contested 4 MP / MLA elections till date to publicize RTR. Say the total of deposit amounts paid was Rs 55000. And in each election, he got votes over 0.8% of polled votes slightly below 1% of the polled votes. So multiplier of 2 will apply in each case. So, points will be 55000*2 = 110,000
(13.8) Points obtained from local body elections will count only in deciding candidates of local level and not the National Level.
(13.9) If the member contests elections from two constituencies simultaneously, then he will get Election Contribution Points from both the Constituencies.
(13.10) For each newspaper advertisement contribution, the member will get Non-election Contribution Points equal to the official maximum card rate for that newspaper, that page and that size. If other members have donated, points will be split with the donors in the ratio in which donation was made.
(13.11) The advertisement must be in one of the first 3 largest selling local language newspapers in one Loksabha Constituency or first 2 largest selling English newspapers in that district or a prominent National/State newspaper. The advertisements in other newspapers will not count. The list of newspapers whose advertisement will count will be issued by National Committee.
(13.12) For proposed law-draft supported by the Party, if member promotes it via social media ads, member must display publicly the invoice for the ad and the member will get points equal to amount spent for the ad.
(13.13) The advertise giver must get prior approval of National Cabinet on advertisement text and layout, newspaper name, editions, page numbers and also get approval on number of Points it will fetch. In absence of prior approvals, the advertisement will not fetch any Points.
(13.14) For applications and websites made for the party for purpose of gathering and displaying Voter number support for proposed law-drafts and for promoting law-drafts, member will get 5000 points one time after approval from the Party National Cabinet. In case several persons are involved in making of the website/application, the points will be split as per their agreed share in the work. The National Cabinet will have the final say in splitting of points.
(13.15) For a proposed law-draft supported by the Party, if member promotes it via pamphlet distribution, newspapers, Facebook live video, Youtube videos etc. activity and gathers and displays at least 25 Voter number supports for the draft in a specified format on excel sheet on his FB timeline or on a website, he will get 500 points one time for each of the different activities, after approval of the Party National Cabinet. In general, points will be only for verifiable activities.
(13.16) Every member who puts the FB cover pix in the manner as mentioned by the National Cabinet will get 500 points, one time (not per week). In such case, the voter id or member-id given by party must be written in "about" -> "details" of his FB profile, and other details too must be specified. The list of details to be kept will be given by the National Committee from time to time. The member may have to pay a fee to get member id, in case he doesn’t want to use his voter id. The points will be removed when he removes the cover pix or his Voter ID / member ID is fake.
(13.17) Every member who puts the Twitter cover pix in the manner as mentioned by National Committee will get 250 points, one time (not per week). In such case, the voter id or member id given by the Party must be written in his twitter profile, and other details too must be specified. The list of details to be kept will be given by the National Committee from time to time. The points will be removed when he removes the cover pix or his Voter ID / Member ID is found to be fake.
(13.18) For every law-draft that the Party wants, if a member supports that law-draft on FB/twitter in a specific format, then he will get 20 points, one time (not per week). The points will be removed when he stops supporting that law on FB / twitter.
(13.19) For every law-draft that the Party wants, if a member translates it in his local language along with few points synopsis of the draft and submits to the Party and also promotes it via distributing pamphlets, putting on internet – on his FB/twitter timeline in a specific format, then he will get 500 points, one time (not per week), provided such translation has not been done and submitted to Party National Cabinet before.
(13.20) In case, more than 25% of the voter number supports displayed in the above mentioned clauses are proved to be fake, no points will be added and penalty of the same number of points will apply.
(13.21) The National Cabinet may stop FB / Twitter based campaign and may start using some other software and physical methods. In such cases, the points obtained will not be removed, but above clauses for FB / twitter may not fetch any new points.
(13.22) From time to time, the National Cabinet will publish new rules that will decide how many points members will get for their activities to promote the law-drafts that the Party wish to bring.
(13.23) Transfer of Points - Any member can transfer any number of points to any other voter of India. The transfer must be done using form or method National Committee approves. Contribution Points once transferred cannot be revoked by the giver unless proved fraudulent. But with consent of both, it can be reversed.
(13.24) Nominees - A member can appoint one or more nominees. In the event the member passes away, his votes will be transferred to the nominees in ratio given or equally. And in case nominee was not appointed then the points will be transferred to heirs. In case of disputes on points, decision of National Committee will be final inside the party, and it can be challenged in the court.
(13.25) Prior Commitment, to Transfer Points : A member can make a Transfer Commitment for Contribution Points. The commitment’s full text will be made public on a due date. If the member has made multiple commitments, then commitment which was made first will be executed first. A commitment once made by the member cannot be cancelled by the member who has made it. If the commitment is impossible to execute then the Cabinet can declare the commitment as defunct and void.
(13.26) Appointing Irrevocable Proxy on Election Contribution Points : A member can irrevocably give some or whole of his Election Contribution Points to a Proxy for ever or for certain number of years. If such announcement is made by the member, and duly verified, then Cabinet will honor the appointment of proxy. In such case, the points can`t be transferred without approval of Proxy. The proxy can be appointed before election on the Points which are going to come due to election results.
(13.27) Example : Say a member A is contesting election and member B agrees to do a lot of campaigning with condition that A will transfer 100,000 Election Contribution Points to B after election. Say A agrees. And say A makes commitment that after election results comes, he will transfer 100,000 Election Contribution Points to B. Then Cabinet will execute the commitment after election results are declared.
(13.28) For all transactions, like Transfer of Points, appointing Nominee, changing Nominee, appointing Proxy, appointing Irrevocable Proxy etc., there will be administration charges. The Cabinet will decide the charges.
(13.29) The National Cabinet cannot void any Points once given unless activity was proven fake OR when there is a split in the Party and members have left via split.
(14.1) The first president will be exempt from recall for one year or until he resigns whichever is earlier. Any member can propose his own name as National President candidate. The candidate must be a voter of India, and should have explained law-drafts proposed to be printed in Gazette via online videos, post, articles and other offline methods and asked for voter number, address support. Preference will be given to those who have gathered and displayed on internet on excel sheet, at least 1000 Voter number supports of voters of area from where he is voter, for law-drafts supported by the party and has contested at least one MP or MLA election in past. No proposers and seconders needed.
(14.2) The candidate will have to provide reasons in writing, why he wishes to replace the existing National President instead of forming a new party. The writing will not be subject to any review and will be published on website as is. He may provide a blank letter as reasons.
(14.3) The members will vote openly on Facebook or twitter or via sms or any software or physical methods as prescribed by National Cabinet. Each member will give score of 0 to 100 to contesting candidates. If no score is given by a member to a candidate, then the score of 0 will be presumed. And if score of over 100 is given, then score of 100 will be presumed. The total score of each candidate will be score he has obtained from all members.
(14.4) If the total score obtained by a candidate is 10% higher than score of the existing President, then there will be open voting between only two candidates - the existing President and winner in the first round described above. A member may abstain or will cast vote. The candidate who is challenging must get at least 55% of TOTAL score given by the Party members to become new President.
(14.5) Compensation for Points against unexpected and unwanted change in the Party’s apex leadership i.e. Compensation for those who have no faith in the new winning candidate : If any existing member, including existing President, says that he wishes to exit the Party, and wants compensation for some or all of his points, then he may declare so within 10 days after result of first round. In such case, the candidate will have to pay Rs 2, plus presumed gift tax of Rs 1 i.e. Rs 3, per all Contribution Points (Election Contribution Points plus Non-election Contribution Points) that the member has. Upon payment, the Contribution Points will be transferred to the winning candidate. And if the winning candidate refuses to pay within 90 days, then results of recall poll will be deemed as cancelled and no change of National President will occur.
(14.6) If change of President doesn’t occur within 90 days and a member has given Contribution points to a candidate and received payment for the points, then member can get his Contribution Points back for Rs 3 reverse payment i.e. if member shows readiness to repay the money, then the candidate will have to accept the money and redeem the Contribution Points. Also, if the member has already paid the gift tax, as per Income Tax Act, on the sum received from the winning candidate, then the member will have to pay back only amount, minus the gift tax paid.
(14.7) No money transfer for Points will be needed if a member, including existing President, doesn`t want any payment for Contribution Points and wants to keep the Points. And no money transfer for Points will happen if the old President is willingly resigning or has passed away.
(14.8) The money must come from the savings account of the person who wishes to be the new President and no other source. Also, the account must be in a PSU bank.
(14.9) Those who have Contribution Points and wish to exit Party upon change in National President may ask the winner in First Round to put the amount equivalent to compensation in bank in candidate’s account In such case, the second round will start only after the winner in the first round has deposited the money in bank in winner’s savings account.
(14.10) The election of National President will happen every 4 years and will follow exact same rules. i.e. in the election, existing National President will be deemed as elected unless anyone recalls him using above mentioned recall procedure. This is necessary so that members who wish no change need not be disturbed.
(14.11) Explanation : The paying compensation for Points is necessary because some of the members may not have faith in new President. They had joined the Party and worked to get Points because they had faith in the existing President. So if President has changed against the wish of existing President, then they are entitled to ask for the compensation. And those who want change of guards are morally required to pay the compensation. Also, the new members had read the compensation scheme in Constitution before joining the Party, If the compensation scheme was unfair to them, then they had option not to join the Party and instead start a competing Party. Also, if some members feel that compensation scheme is unfair or immoral, then they may ask Loksabha or Rajyasbha to cancel it using simple majority in either of the Houses.
(15.1) Deciding PLSC i.e. Permanent LS Candidate for a LS constituency
(15.1.1) If an active member has (a) gathered and displayed on Party website at least 0.4% Voter number supports of total number of voters of a loksabha constituency for themselves as election candidates of that area, and (b) has gathered and displayed on FB or website on excel sheet format at least 0.4% Voter number supports of total number of voters of that area for law-drafts supported by the party, and (c) has at least 10 lakh Contribution Points, and (d) he asks to be appointed as PLSC i.e. Permanent LS Candidate for a LS constituency, and (e) there is no PLSC on that constituency, then the National Cabinet may or may not appoint him as Permanent Loksabha Candidate for that constituency. The decision of National Cabinet will be final.
(15.1.2) In general, the member should declare intention of becoming PLSC before he starts acquiring Points and should get approval of National Cabinet beforehand that if he fulfils conditions in 15.1.1 in a specified time, then National Cabinet will appoint him as PLSC. Other Voters of the loksabha area can display their Voter number support via SMS, tweet or method specified by Party Cabinet.
(15.1.3) If at any time any of the conditions mentioned in 15.1.1 are not met or if another member gets 10% more support than this candidate, the National Cabinet may replace the member as Permenant Loksabha Candidate for that constituency.
(15.1.4) And his 10 lakh points will now become Frozen Points i.e. unusable for candidate selection.. And these Frozen Points will be untransferable, except (a) transferred to nominee on death (b) can be transferred to new President when President is replaced.
(15.1.5) if the person who wishes to become PLSC has less than 10 lakh points, then other members can offer to allocate their some or all points for making him PLSC. The Points need not be transferred. These points will be frozen till he gains 10 lakh points. As PLSC gains more and more points, the contributors will get their points unfreezed and the points of PLSC will freeze. But this change will happen after at least one election and with permission of Point Contributors.
(15.1.6) Example to explain above : Say PLSC requirement is 10 lakh Points. Say a person X became PLSC by using his own 6 lakh Points and other member of that constituency Y’s 4 lakh Points. Say later, the candidate X got more 3 lakh Points. Then with permission of Y, X can have his 3 lakh Points frozen, and unfreeze Y’s 3 lakh Points. But this change will happen only after at least one election. Also, if Y doesn’t want his points to be unfreezed, then X cannot unfreeze Y’s Points.
(15.1.7) Threshold of 10 lakh Points may increase from time to time, exact value will be decided by National Cabinet. But once a member is announced as PLSC, increase in the Points will not affect his status.
(15.1.8) One person can become PLSC for at most 2 LS constituencies. He will need 25% more Points for second constituency.
(15.1.9) The points will be unfreezed when he gets 5% of total registered (registered, not polled) votes in a Loksabha election.
(15.1.10) The National Cabinet may change threshold of 5% from time to time. The new threshold will apply for those who become PLSC after the increase is announced and will not apply on those who have already become a PLSC.
(15.1.11) National Cabinet may appoint a member as 2nd, or 3rd candidate for that LS constituency as PLSC2, PLSC3 and so on The 2nd candidate will become LS candidate only if the first one doesn`t file nomination or his form gets cancelled or he withdraws, and same applies for 3rd, 4th etc candidates. The procedure to decide PLSC2, PLSC3 etc. will be decided later, but will be on similar lines of Point allocation. Points needed for PLSC2, PLSC3 etc. will be much less.
(15.1.12) The limit of 10 lakh points may be raised every month by same percentage as percentage increase in M3 three months back, as declared by RBI. And it may be increased based on other factors such as Total Contribution Points of all members. The decision of National Cabinet will be final.
(15.1.13) If the member who is PLSC wants to change the LS constituency, then the National Cabinet will decide if he can change the Constituency.
(15.1.14) If there are two contestants for PLSC and both meet the requirements in 15.1.1, then National Cabinet will decide which person should declared as PLSC.
(15.1.15) The Party members who disapprove PLSC and prefer someone else as MP candidate in that constituency will be free to contest for that someone else. There will no disciplinary action against them.
(15.1.16) The Contribution Points obtained by PLSC will get divided amongst members who had given Contribution Points to make him PLSC on the pro-rata basis.
(15.2) Deciding LSCNE i.e. Loksabha Candidate for Next Election : Any member with 5 lakh Points, or supporter members having 5 lakh Points and also meeting conditions as per 15.1.1 (a) and 15.1.1 (b) and there is no LSCNE for that constituency, the member, can apply to become Loksabha Candidate for next coming Loksabha election for that constituency. In such case, Points will be frozen till election ends. After election ends, within 3 months, he can become PLSC or LSCNE. If he decides not to, then anyone else may apply and be appointed for PLSC or LSCNE in that constituency. The National Cabinet will take final decision on this. The threshold of 5 lakh Points will increase from time to time and value will be decided by the National Cabinet. The provisions that apply on PLSC will apply on LSCNE.
(15.3) Deciding LS Candidate when there is no PLSC or LSCNE
(15.3.1) If there is no PLSC or LSCNE for a LS constituency, then LS tickets will be allocated by party members of that constituency using majority votes. Following steps will be taken to decide LS candidates
(15.3.2) Any member who fulfils conditions as per 15.1.1 (a) and 15.1.1 (b) can get his name registered as candidate for one or more LS constituencies on Party website. A fee less than deposit of MP election may be charged. The fee will be decided by National Committee and will be less than MP election deposit. No seconders and no proposers will be needed. Other Voters of the loksabha area can display their Voter number support for registered candidates via SMS, tweet or method specified by Party Cabinet.
(15.3.3) The National Committee will give date for vote counting date across 543 constituencies of India.
(15.3.4) On any day before the counting date, any member can give score to a candidate in Constituency of Member, as defined in 3.2.7, and where party candidate is not yet decided. And inside each constituency, member may give 0-100 score to one or more candidates.
(15.3.5) The score of the candidate will be total of the score that the members in the constituency gave him.
(15.3.6) Constituencies will be clubbed into groups, one group for one state or as decided by National Committee. All constituencies in a group will be decided on same day in one round. To decide, a last date for voting will be announced for that constituency group. And all members who want to give score to candidates in that constituency will have to finish giving scores to candidates in their constituency by the last date.
(15.3.7) The member with highest score will be declared as the candidate for that constituency.
(15.3.8) Before next closing date, members can reallocate their scores to candidates of their choice in the constituency of the members.
(15.3.9) One member can become winner, and thus party candidate, in at most 2 constituencies.
(15.3.10) In case a member wins in 3 constituencies, then he will be removed from candidature constituency he specifies or the constituency he won last. In that case, that constituency will come for re-voting.
(15.3.11) The exact details will be worked out by National Cabinet.
(15.3.12) The voting will be open and will be done on open forum like Party website or Facebook or using App made by Party.
(15.3.13) The National Cabinet may collect some small charges on the operations to cover the expense of software and other administrative overheads to meet this voting.
(15.3.14) Till the system is fully built, the National Cabinet may run a simplified version which will be detailed later by the National Cabinet. The decision of national Cabinet will be final. If the members dislike decision of national Cabinet, then with majority vote, they can propose and approve any other procedure. OR, replace the National President and National Cabinet.
(15.3.15) If the internet based system isn`t ready, then the National Committee may ask members or Proxies to come to headquarters physically or work over video conferencing.
(16.1) The party will have following units
(a) The National unit - the party as a whole
(b) One Loksabha Constituency Unit for each LS constituency
(c) One State Unit for each State
(d) One Assembly Constituency Unit for each Assembly constituency
(e) One City Unit for each Municipal Corporation or Municipality
(f) One City Ward Unit for each ward
(g) One District Unit for each District
(h) One District Ward Unit for each constituency in District
(i) One Tahsil Unit for each Tahsil in India
(j) One Tahsil Ward Unit for each Constituency in Tahsil
(k) One Gram Unit for each Gram Panchayat in India
(16.2) Every Party member is member in the National Unit.
(16.3) In addition, any party Member can become member in the unit having the booth he/she is last registered as a Voter, as already defined in 3.2.7.
(17.1) Deciding PAC i.e. Permanent Assembly Candidate for an Assembly constituency
(17.1.1) If a member has (a) gathered and displayed on Party website at least 0.4% Voter number supports of total number of voters of an assembly constituency for themselves as election candidates of that area, and (b) has gathered and displayed on FB or website on excel sheet format at least 0.4% Voter number supports of total number of voters of that area for law-drafts supported by party, (c) has at least 2.5 lakh points, and (d) he asks to be appointed as PAC i.e. Permanent Assembly Candidate for that Assembly constituency and (e) there is no other PAC for that assembly, then National Committee may declare him as Assembly candidate for that constituency.
(17.1.2) The rules will be similar to PLSC (as told in 15.1). The details will be published by National Committee within 6 months after Party gets the registration number
(17.1.3) The National Committee may delegate some of the subtasks involved in the process of appointing PAC to the State Committee.
(17.2) Fixing Assembly candidate for one coming Assembly election in advance
(17.2.1) Anyone with 1 lakh Points, or supporters having 1 lakh Points and meeting conditions as described in 17.1.1 (a) and 17.1.1 (b) and if there is no Assembly Candidate for coming election for that constituency, the member can apply to National Committee to become Candidate for next coming Assembly election for that Assembly. His Points will be frozen till election ends.
(17.2.2) The rules will be similar to that of Loksabha PLSC. The details will be published by National Committee within 6 months after Party gets the registration number
(17.3) Deciding Assembly candidate when there is no PAC or no candidate fixed for coming elections
(17.3.1) The Party members who are registered voters of booth located in that State will decide using procedure similar to “Deciding LS Candidate when there is no PLSC or LSCNE”.
(18.1) The National Committee will make similar rules i.e. rules to decide permanent candidates and rules to decide candidates where permanent candidates aren’t there, and publish them within 1 year after Party gets registration number.
(18.2) Till then, the National Committee or delegated authority will appoint the candidates based on majority votes of members in that unit.
(19.1) All voting held inside the Party will be open and votes of President, Chairman, Committee Members and all members will be made public. And not voting will be taken as “NO”, unless the voter has passed away.
(19.2) The voting will be using internet / sms / torrent based medium, such as Facebook or party website or App made by the party. The code of all software will be kept public
(19.3) Till software is ready, the voting may require physical presence or video conferencing. In such case, the voting on National issue will need physical presence at the Party Headquarter or video conferencing. In such case, for voting at lower levels, the voting will be at office of the unit or video conferencing. Final decision will be made by National Cabinet.
(19.4) The President and national Committee should see that internet / sms / torrent based voting becomes available within 6 months after Party gets registration number from ECI.
(20.1) The National Committee will have from 15 to 50 members. The exact number will be decided by National Cabinet.
(20.2) One third members will be appointed by the National President
(20.3) Two third members will be elected by all Party members.
(20.4) The voting will be open and will be done website like party website, facebook or party App.
(20.5) Recall Procedures for National Committee Members
(20.5.1) Any Party member can submit wish to be a Committee member.
(20.5.2) Any member can submit his votes by giving scores from 0 to 100 to all or some existing Committee members and candidates.
(20.5.3) The member can change his vote anyday.
(20.5.4) If a candidate has total scores which are 10% (of total score) more score than Committee Member which has lowest total score, then the member with lowest score will be expelled and member with highest score will become Committee member
(20.5.5) The National Cabinet may decide fee to cast and change the vote to administer the process. National Cabinet may modify recall and election procedure of the committee members.
(20.6) Every 4 years, the committee will be dissolved and committee members will be re-elected
21. Article-21: Miscellaneous
The Party shall, within a period of five years of its registration, endeavor to contest at least one election conducted by Election Commission of India and shall continue to do so thereafter.
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