Constitution of CPI(ML)

PARTY CONSTITUTION

CHAPTER I

Name and Flag


Name of the Party

Article 1: The name of the Party is The Communist party of India (Marxist-Leninist) (Liberation).

Flag

Article 2: The flag of the Party is red in colour and rectangular in size, the ratio of length and breadth being 3:2, with the symbol of hammer and sickle inscribed in white in the middle.

CHAPTER II

Party Membership

Eligibility for Membership


Article 3.1: Any Indian citizen of 16 years of age and above, willing to accept the programme and constitution of the party, to work under the discipline of any of the Party organisations, to carry out the task entrusted to him/her and to pay regularly the membership dues, i.e., fees and levy, as decided by the Party, may apply for the membership of the Party.

Basic Norm


Article 3.2: Members of the Party must serve as the vanguard of the Indian working class. They must not seek undue privileges, must lead plain and simple life, subordinate their personal interests to the interests of the Party and the people, be open, aboveboard and broad-minded, show respect to the toiling masses and the deprived and disadvantaged sections of the society, and uphold the dignity and freedom of women.

Recruitment and Enrolment


Article 4.1: Members will be recruited in the Party on individual basis from among activists in mass/class struggles and mass/class organisations or from among committed elements in various spheres of social activities through respective Party branches or the next higher Party organisation in existence.

Application and Declaration


Article 4.2: An applicant while applying for membership in a prescribed form shall have to make the following declaration:

“I volunteer to join the Communist Party of India (Marxist-Leninist). I will uphold the Party’s programme, abide by the provisions of the Party’s constitution, fulfill the duty of a Party member, carry out the Party’s decisions, strictly observe Party’s discipline and will always be loyal to the Party. I will work hard, fight for communism throughout my life and prepare myself to sacrifice my all for the Party, for the people and for the country. I pledge to guard Party secrets and never to betray the Party.”

Article 4.3: The application of an individual for Party membership must be recommended by two Party members. Such an application, unless directly accepted by any State Committee/State Leading Team or the Central Committee, should be submitted to an appropriate Party branch and the said branch, on finding the applicant eligible for admission to the Party, shall forward the application to the next higher Party committee. The concerned area-level organisation, or in its absence, the next higher Party organisation is empowered to take the final decision regarding a membership application.

Article 4.4: A member once expelled from the Party can be readmitted only after getting the clearance from the Party committee which had approved the expulsion.

Candidate Membership and Probation


Article 5.1: An applicant whose application is found in order shall first be admitted as a candidate member and shall be put on probation for a period of one year. After the expiry of probationary period, either full membership will be granted or candidate membership will continue for not more than another six months. The probationary period of a candidate member begins from the day the area-level Party organisation or, in its absence, the next existing Party organisation admits him/her as a candidate member.

Rights and Duties of A Candidate Member


Article 5.2: Candidate members have the same duties as are expected of full members. They also enjoy the rights of full members, save and except the right to elect or to be elected and the right of voting.

Full Membership


Article 6.1: At the end of the period of probation of candidate members, the concerned Party branch will examine their probationary record and forward the list of candidates qualifying for full membership to the next higher committee. Decision regarding graduation of a candidate to full membership shall have to be taken by the concerned area-level Party organisation, subject to approval of the concerned district level Party organisation.

Article 6.2: The Central Committee and State Committees shall have the right to grant full membership in deserving cases without going through the above-mentioned procedure.

Article 6.3: The Party membership is granted for one year and is subject to yearly renewal.

Article 6.4: The Party standing of a member is calculated from the day of his/her graduation to full membership.

Membership Dues


Article 7.1: All applicants for membership shall have to pay an enrollment fee of Rs.5/- along with the application. Candidate members after the expiry of the probationary period and on their graduation to full membership shall have to pay an admission fee of Rs.5/-. Full members shall have to pay a renewal fee of Rs.5/ at the time of yearly renewal.

Article 7.2: Every earning member or candidate member shall pay a minimum monthly levy to the Party. The rates of levy for different income groups are determined by the Party Central Committee.

Article 7.3: Party members belonging to the peasantry and other sections having seasonal incomes shall pay levy on seasonal basis at the same percentage after computing their income in money terms.

Rights of A Party Member


Article 8: All members of the Party shall enjoy the following rights

a. To elect or to be elected and the right of voting;

b. To participate freely in discussions on various positions and policies of the Party in appropriate Party meetings, schools or in other relevant Party forum;

c. To be kept informed of developments in Party positions and policies, and of reports of the Party work, except secret matters, and to seek clarifications with regard to the Party line, stand, policies and decisions;

d. To send any request, suggestion, appeal, complaint or criticism to a higher organisation up to and including the Central Committee and to get responsible reply from the organisation concerned;

e. To attend, with the right to defend oneself, discussion held by Party organisation to decide on disciplinary measures proposed against him/her (other Party members may also come forward in his/her defence);

f. To appeal against disciplinary measures while abiding by the decision of the organisation till the final disposal of the matter;

g. In case of disagreement with a Party decision or policy, to express reservations and to present one’s views to Party organisations at higher levels up to and including the Central Committee while resolutely carrying out the said decision or policy unless modified by the appropriate higher

Article 9: No Party organisation including the Central Committee has the right to deprive any Party member of his/her rights. On the contrary, every Party organisation should encourage and help members in exercising their due rights.

Duties of A Party Member


Article 10: The duties of a Party member are as follows:

a. Study diligently Marxism-Leninism and Mao Zedong Thought, remain abreast of Party literature as well as general knowledge and information, and develop a Marxist outlook;

b. To receive Party education through Party schools or any other method adopted by the Party from time to time;

c. To maintain close links with the masses and mass movements, to stand firmly by the people, to recruit Party members from among them, to propagate Party line and stands, to learn from the masses and to help the masses raise their consciousness;

d. To carry out firmly the decisions of the Party, to participate regularly in the activities of the Party organisation to which they belong, to work in some mass organisation, unless exempted, under the guidance of the concerned Party committee.

e. To safeguard the monolithic unity and conscious discipline of the Party, remain vigilant against infiltration in the Party of agent provocateurs, careerists, anti-Party elements, double-dealers and other types of bad elements;

f. To wage relentless struggle against various non-proletarian ideas;

g. To remain honest to the Party, to match words with deeds, not to conceal one’s own political views and not to place distorted facts, to practice criticism and self-criticism, to be bold in admitting one’s own mistakes and in rectifying them and to stand in support of the correct positions and in opposition to the incorrect positions;

h. To pay regularly the membership levy fixed by the Party organisation.

CHAPTER III

The Organisational System of the Party

Democratic Centralism


Article 11.1: The Party organisation is based on and its internal life is guided by the principle of Democratic Centralism. It is opposed to bureaucracy, liberalism, anarchism, individualism, ultra-democracy and factionalism. The Party is necessarily a monolithic organisation and possesses a single will. It must not be a union of groups and factions which make contracts with one another and enter into temporary alliances or agreements. Freedom of thought and unity in action is the underlying message of democratic centralism, under which debates, polemics and contentions among ideas are encouraged so as to combine and develop theory and practice in a conscious and consistent manner.

Article 11.2: The fundamental principles of democratic centralism on which the Party bases itself are as follows:

a. The individual is subordinated to the organisation;

b. The minority is subordinated to the majority;

c. The lower committees are subordinated to the higher committees, and;

d. The entire Party is subordinated to the Central Committee.

Leading Bodies of the Party


Article 11.3: The leading bodies of the Party at all levels are elected bodies. The Central Committee can fill up any vacancy, arising for any reason whatsoever, within the Central Committee by co-option on the basis of simple majority of its total members. Subject to the approval of the next higher committee, the lower committees can co-opt new members. Party committees may, whenever necessary, form leading teams or organising committees at lower levels and Party fractions in mass organisations as well as appoint their incharges. In all cases democratic consultation, as far as practicable, must be undertaken.

Article 11.4: The supreme organisation of the Party is the All India Party Congress and between two successive Congresses, the Central Committee elected by the Party Congress. Higher leading bodies of the lower-level Party organisations are the Conferences and between two successive Conferences, the Party committees elected by the Conferences at the corresponding levels. All the Party committees are answerable to their respective Party Conferences/Congress.

Article 11.5: The leading bodies at different levels shall submit the review of their work before the Congress, Conference or the General Body Meetings of the Party members, as the case may be, to be convened under the directives and guidance of the next higher Party committee.

Article 11.6: The lower unit shall send regular reports to the higher units and the higher units shall keep the lower units informed of the developments. District/regional level committees shall send periodic reports to the Central Committee.

Functioning of the Leading Bodies


Article 11.7: The Party Committees at all levels function on the principle of collective leadership based on division of labour with individual responsibility. The Party resolutely opposes the tendency towards monopolisation of functions and powers of a Party committee by one individual or by a group.

Article 11.8: Decision taken by a higher Party organisation shall be transmitted promptly to the lower levels, shall be thoroughly discussed and explained to the lower bodies and must be firmly implemented.

Article 11.9: Matters concerning international affairs, matters having all-India character, or concerning more than one states, or matters which require uniform policy or decision for the whole country, shall be decided upon by the All India Party Congress or Central Committee. Matters concerning a state or a district and having state or district character shall be ordinarily decided upon by the corresponding Party organisations. But in no case shall such decisions run counter to the decisions of a higher Party organisation.

Elective Principle


Article 12: The election of the delegates to the Party Congress or Conferences and of the members of the Party committees at all levels shall reflect the will of the Party ranks. Keeping this in view, the Party adopts elective principle generally.

Article 13: The Party shall develop the appropriate system of organizational apparatus so that it suits the prevailing situation and conditions of work and also the long-term perspective.

Party Leadership


Article 14: The Party members working in various mass/class organisations and mass political organisations and as elected people’s representatives in different bodies must work under the centralised leadership of the Party, accepting the guidance and control of the respective Party organisation.

All Party members shall bear it in mind that among the various organisations of the working class and working people, the Party is the highest.

Article 15: All attempts at forming factions shall be sternly dealt with and shall invite serious disciplinary measures.

CHAPTER IV

All India Party Congress


Article 16: The Central Committee shall convene the Party Congress once in every five years. Under special circumstances it can advance or postpone the Party Congress.

Election of Delegates to the Party Congress


Article 17.1: The Party Congress shall have delegates, as per quota determined by the Central Committee, from all independently functioning full-fledged Party bodies, such as:

a) delegates elected by district-level electoral colleges comprising members of the district-level Party committee, members of area-level Party organisations in the concerned district, members of local committees, members of any other district-level Party body, Secretaries of Party branches and any other central or state cadre attached to that district Party organisation;

b) delegates elected from among members under the jurisdiction of factory-level, industrial city/zone-level, or institution-level (e.g., university, office, establishment, sector) Party committees, where electoral college will comprise the members of concerned committees and members of workshop/division/department-level Party units and secretaries of Party branches operating under the jurisdiction of such factory-level, industrial city/zone-level or institution-level Party committees;

c) delegates elected from state-level Party groups associated with respective state Party organ, office, departments and any other state-level formation – members of central departments/formations if attached to any state Party organisation will also be considered included in the state Party groups for purposes of election without prejudicing their right to get elected from the central quota;

d) delegates elected from the Party Centre comprising headquarters, central organs, central departments, publications and any other central Party formation;

e) members of the Central Committee and Central Control Commission will be deemed ex-officio elected delegates.

Article 17.2: The Party Central Committee may also nominate delegates to the Party Congress not exceeding 20% of the total elected delegates.

Article 17.3: Exceptions may be made in view of particular conditions of any state(s) or of any central or state-level department.

Candidature for Delegation to Party Congress and Conferences


Article 17.4: Party members willing to get elected at any level as delegate to the Party Congress/Conferences shall offer their candidature to the electors. Such a candidate as a Party member must belong to or be attached to the Party organisation where the election of delegates is being held and his/her candidature must be proposed and supported by a minimum number of electors, the number of which and other rules relating to such elections shall be specified by the Central Committee or by any other appropriate higher committee, as the case may be.

Functions and Powers of Party Congress


Article 18: The Party Congress shall

a) hear and examine the political-organisational report placed by the outgoing Central Committee;

b) revise the General Programme and Constitution of the Party, if necessary;

c) revise the Agrarian Programme of the Party, if necessary;
d) discuss and adopt any other document that may be deemed necessary;

e) hear and examine the report of the outgoing Central Control Commission, if any;

f) determine the size of the new Central Control Commission and elect it accordingly;

g) determine the size of the new Central Committee and elect it accordingly.

Electoral Procedures

Article 19:

a. The Party Congress shall appoint an Election Commission for the purpose of conducting the proceedings to elect the new Central Committee and the Central Control Commission.

b. The outgoing Central Committee shall propose to the Party Congress panels of candidates for the new Central Committee and the Central Control Commission.

c. Delegates can propose new name(s) not exceeding the number to be elected. Such proposals moved by a minimum of ten delegates must bear the consent of the concerned candidate(s) whose name(s) is/are proposed.

d. Any such candidate proposed by the House reserves the right to withdraw his/her name before the final voting.

e. Candidates proposed for the Central Committee whether in the panel placed by the outgoing Central Committee or by delegates from within the House must have a Party-standing of at least five years. The Congress in its wisdom may permit any relaxation of this condition in exceptional cases.

f. Campaign in favour of candidate(s) is allowed within the allocated time.

g. The panel proposed, together with the name(s) proposed by the delegates will be put to vote through the secret ballot system.

CHAPTER V

Central Committee


Article 20.1: The Central Committee is responsible for enforcing the Party Constitution and carrying out the political line and decisions adopted by the Party Congress. It represents the Party as a whole and is responsible for directing the entire work of the Party.

Article 20.2: The Central Committee shall elect from among its members the General Secretary and the Political Bureau.

Article 20.3: The Central Committee shall meet at least twice a year. Such sessions shall be convened by its Political Bureau or on requisition by 1/3 of its members.

Article 20.4: The Central Committee may, in special circumstances, convene special Party Conferences to deal with some specific ideological/political/organisational issues of urgent importance.

Article 20.5: The Central Committee may organise the Central Committee members of different zones into zonal bureaus, may form departments, commissions, etc., for specific purposes under its direct guidance and may appoint a Secretariat of the Central Committee, which will look after the day-to-day work of the Polit Bureau and assist the Polit Bureau in the implementation of the decisions of the Polit Bureau or Central Committee.

Article 20.6: The Central Committee shall appoint the editor(s) of the Central Organ(s) and shall confirm the appointments of the editors of the organs of the State Committees.

Article 20.7: The Central Committee may constitute special Party committees or other formations in rural areas of strategic importance, covering several districts within one state or even cutting across the boundaries of more than one state, in the metropolitan cities and in specific sectors and may guide them directly.

Article 20.8: The Central Committee has the authority to re-demarcate the areas of work of any organisation of the Party.

Article 20.9: The Central Committee can requisition any cadre or member for central work and can transfer the cadres.

Article 20.10: The Central Committee, under special circumstances, may disband any lower committee and reorganise it or make alternative arrangements until reorganisation.

Article 20.11: The Central Committee may take any disciplinary action against any erring individual member.

Article 20.12: In the event of arrest of a Central Committee member, and provided that he/she is likely to remain in judicial custody for more than 6 months, Central Committee may co-opt a substitute member. Such substitute member(s) will enjoy full rights as Central Committee members but will vacate their seat(s) as soon as the arrested member(s) get released and resume their duties.

Article 20.13: In case of any emergency or large-scale arrests, the Central Committee, the state committees and district committees may be reorganised into smaller compact bodies. The names of members to such reorganised Central Committee shall be prepared by the available members of the Polit Bureau in consultation with the available members of the Central Committee. Such reorganisations in state and district committees will be effected by the available members of the respective standing committees. The reconstituted Central Committee may frame new rules for safeguarding the Party organisation. But, with the normalisation of situation, elected committees shall be restored.

Political Bureau


Article 21: When the Central Committee is not in session, the Political Bureau carries on the functions and exercises the powers of the Central Committee. The General Secretary is authorised to convene the meetings of the Political Bureau.

CHAPTER VI

State, District, Area and Local Party Organisations

State, Special Area, Regional, District and Area Conferences


Article 22.1: The highest Party organisations in the States, Special Areas, Regions, Districts, Areas (Block or equivalent level) are the State, Special Area, Regional, District, and Area Conferences respectively. These Conferences shall hear and examine the reports of the respective outgoing committees, discuss and decide on the major questions confronting the respective areas and organisations and elect State, Special Area, Regional, District and Area Committees. These committees shall provide leadership over the work in their respective jurisdictions.

Article 22.2: The procedure adopted in regard to election of State Committees and below through respective conferences will be the same as the one adopted in the Party Congress. Panels will be placed by respective outgoing committees and the elections will be conducted by the observers deputed by the higher committees.

Article 22.3: State Party Conferences shall be held once in every three years. Special Area/Regional/District conferences shall be held once in two years. Area conferences shall be held annually. Members of State Committees, unless relaxed by the Central Committee in exceptional cases, must have a Party standing of at least three years while members of Special Area/Regional/District committees must have a Party standing of two years (unless otherwise permitted by the concerned State committee). Area Committee members must have a Party standing of one year.

Article 22.4: Party conferences at all levels shall be held only in the presence of observers nominated by the next higher committee and shall be subject to ratification by the concerned higher committees. In the case of any violation of stipulated rules in convening and conducting a state/special area conference, the Central Committee may annul the conference wholly or rescind any of its decisions and/or take any other appropriate measure. Other higher committees shall have similar rights in relation to lower-level conferences.

Election of Delegates to State Conferences


Article 23.1: State-level conferences shall have delegates elected on the following basis according to quota determined by concerned State committees:

a) delegates elected by district-level electoral colleges comprising members of the district-level Party committee, members of area-level Party organisations in the concerned district, members of local committees, Secretaries of Party Branches, members of any other district-level Party body, and any other central or state cadre attached to that district Party organisation;

b) delegates elected from among members under the jurisdiction of factory-level, industrial area-level, or institution-level (e.g., university, office, establishment, sector) Party committees, where electoral college will comprise the members of concerned committees and members of workshop/division/department-level Party units and secretaries of Party branches operating under the jurisdiction of such factory-level, industrial city/zone-level or institution-level Party committees;

c) delegates elected from state-level Party groups associated with respective state Party organ, office, departments and any other state-level formation – members of central departments if attached to the state Party organisation will also be considered included in these state Party groups for purposes of election;

d) members of concerned State committees will be deemed ex-officio elected delegates.

Article 23.2: State committees may nominate delegates to State conferences not exceeding 20% of the total elected delegates.

Election of Delegates to Special Area/Regional/District Conferences


Article 24.1: Special area/regional/district-level conferences shall have delegates elected on the following basis according to quota determined by concerned outgoing committee:

a) delegates elected by area-level electoral colleges comprising members of area-level Party organisation and local level Party committees and leading team members of Party branches within the concerned area;

b) delegates elected from factory/industrial area/institution-based Party Committees as specified in Article 23.1(b)

c) members of the concerned Special Area/Regional/District committee will be deemed ex-officio elected delegates;

d) members of any other Party body at concerned level and any higher committee members attached to the concerned Party organisation will be deemed as elected delegates.

Article 24.2: Party committees convening special area/regional/district-level conferences may also nominate delegates to these conferences not exceeding 20% of total elected delegates.

Article 24.3: Area-level Party conferences shall finalise the work report and programme for the next year placed by concerned outgoing committees and elect new committees. Members of the concerned Area Party organisation as well as members of local committees and secretaries of Party branches under the jurisdiction of the concerned Area Party organisation shall be deemed as delegates (unless any special provision is made by the concerned district Party organisation for treating branch leading team members or the entire branch membership as delegates).

Article 25.1: State/Special area/Regional/District/Area committees shall elect their secretaries and standing committees; state/special area committee may appoint editors of their respective organs, if any, and shall seek approval from the respective higher committees subsequently.

Article 25.2: The standing committee of any state/special area/district/regional/area committee shall exercise the powers and execute the functions of the concerned committee when the latter is not in session.

Article 25.3: In accordance with the rules laid down by the Central Committee, State/Special Area committees shall decide on the formation of district and regional committees and their areas of operation in their respective states/special areas.

Article 25.4: State/Special Area committees may decide or authorise district/regional committees to decide on area-level Party organisations to be set up between district and local-level Party organisations covering an area (a block or more than a block, an Assembly segment or a town or police station area), and on the formation of local-level Party committees above Party branches and make necessary provisions, in accordance with the rules laid down by the Central Committee, regarding their composition and functioning.

Local-level Party Organisations


Article 26.1: Below regional/district/Area-level Party committee and above the Party branch, there shall be local-level Party organisations covering one or more Panchayat(s) or Municipal ward(s).

Article 26.2: Local level Party committees shall be formed through local level Party conferences. Such conferences should generally take place every year to discuss and finalise the work report and programme for the next year placed by the outgoing committee and to elect a new committee. All full members under the area may be deemed as delegates, if practicable; or delegation may be based on proportionate representation from Party branches, as determined by the local committee and approved by the district committee. Candidate members may also participate in local conferences as non-voting delegates.

Article 26.3: Local conferences must normally be preceded by completion of the process of membership renewal and recruitment, and reorganization of Party branches if necessary. Any exemption can only be granted by the concerned District Committee.

Factory/Institution/Sector-level Party Organisation


Article 27: State/Special area committees shall decide or authorise district/regional committees to decide on the formation of factory-level, industrial area-level or institution-level (e.g., university, office, establishment or sector) Party organisations under State/Special area committees or district/regional committees. Such committees must fulfil the minimum criteria that the CC may periodically decide under the rules of the Constitution for formation of local-level committees. Apart from Party branches, workshop/division/department-level Party organisations may be formed under such factory/industrial area/institution-level Party organisations.

CHAPTER VII

Primary Organisations of the Party

Party Branches


Article 28.1: The primary unit of the Party is the Party Branch organised on the basis of profession and territory.

Party Members organised on the basis of profession shall be associate members of the Party branches in their places of residence and the work allotted to them in their residential area should not come in the way of their main work in their workplace.

Article 28.2: Party branches are the living links between the masses of workers, peasants and other sections of the people within their respective areas or spheres and the concerned leading committees of the Party. Their tasks are:

a. To carry out the directives of the higher committee;

b. To win over the masses in their factory/institution or locality into the Party fold by taking up their problems and politicizing them through sustained propaganda and agitation;

c. To recruit new members from among militant, serious activists of the ongoing mass movements and other sympathizers after imparting political education;

d. To help the higher Party organisations in their organisational and agitational work.

Article 28.3: To carry out the above tasks Party branches shall elect their leading teams, subject to the approval of the next higher Party organisation.

Article 28.4: Party branch shall function under the leadership and guidance of the next higher Party committee. However, in some special cases they may be directly guided by further higher Party committees.

Activist Groups


Article 29: Activist groups shall be formed comprising non-member activists under the charge of a full or a candidate member.

CHAPTER VIII

Party Fractions in Mass Organisations

Party Fractions


Article 30: Party members working in mass organisations and their executive bodies shall be organised into fractions. These fractions shall be completely controlled by the corresponding level Party committees and on all questions they must strictly and without vacillation carry out the decisions of the Party organisations.

Article 31: Main tasks of the Party fractions are:

a. to ensure that Party principles, policies and decisions are properly implemented;

b. to unite with non-Party cadres and masses in fulfilling the tasks assigned by the Party; and

c. to organise and guide the Party members at their levels.

Article 32: Party fractions must discuss the official drafts and panels of mass organizations and seek approval of concerned Party committees before going for any conference of the concerned mass organization.

CHAPTER IX


Disciplinary Measures

Article 33.1: In the event of violation of Party discipline by any member, the concerned Party organisation, in accordance with its power and sphere of work and considering the merits of the matter, will take appropriate disciplinary measures, such as warning, censure, public censure, demotion, removal from Party posts, suspension from Party membership and putting on probation for a period not exceeding one year, and expulsion. The maximum punishment is expulsion from the Party.

Disciplinary measures/proceedings including any necessary inquiry must be conducted through constitutionally stipulated ways with due intimation to the concerned member(s) and except in cases of a very serious nature warranting immediate expulsion under Article 35 of the Party Constitution, such measures should not be enforced or made public before approval is obtained from the higher committee not below the level of District Committee.

Article 33.2: All Party committees must take stern action against members found guilty of violating the dignity of women.

Article 33.3: Members whose revolutionary spirit has suffered erosion and who are not improving despite repeated education may be advised to leave the Party.

Article 34.1: Any decision to remove a member of the Central Committee from the Central Committee itself and/or to place such a member on probation within the Party or to expel him/her from the Party must be taken by the two-third majority of the members present and voting in the session of the Central Committee, and in any case, not falling below the simple majority of the total strength of the Central Committee.

Article 34.2: In other Party committees, such measures shall, however, be taken by majority of the present members, which should in no case be less than simple majority of the committee, subject to approval by the next higher Party committee.

Article 35: A member of the Central Committee who has been identified as an enemy agent or is found to be involved in criminal acts or in grave anti-Party activities shall be expelled from the Party forthwith on the decision of the Political Bureau of the Central Committee. Such a member of a lower Party Committee shall be expelled from the Party on the decision of the Standing Committee of the concerned Party Committee. These decisions will come into effect immediately and approval from the higher committees can be sought subsequently.

Article 36.1: Any comrade against whom a disciplinary measure is proposed shall be fully informed of the allegations, charges and other relevant facts against him/her. He/she shall have the right to be heard in person by the Party unit to which he/she belongs and shall have the right to submit his/her defence in writing.

Article 36.2: When a member simultaneously belongs to two Party units, the lower unit may recommend disciplinary action against him/her but it shall not come in effect until and unless it is accepted by the higher unit to which the member concerned belongs.

Article 36.3: The right to appeal in all cases of disciplinary action is guaranteed as per article 8(g) of the Party Constitution.

Article 37: In the event of a Party organisation seriously violating Party discipline and showing inability to rectify the mistakes on its own, the next higher Party Committee shall, after verifying the facts and considering the gravity of the case, decides upon the reorganisation or dissolution of the erring organisation. This decision, however, is subject to the approval of the next higher Party Committee.

CHAPTER X

Central Control Commission


Article 38.1: The Central Control Commission shall be elected by the Party Congress. Its tenure shall be till the next Party Congress.

Article 38.2: The Central Control Commission shall elect its chairperson who shall be an ex-officio member of the Party Central Committee.

Article 38.3: The Central Committee is empowered to fill the vacancy arising in the Central Control Commission in between two Party Congresses.

Article 39: The Central Control Commission shall

a. Take up the cases of appeal where disciplinary action has been taken by the State Committee;

b. Take up the cases of appeal involving expulsion, suspension from full Party membership, decision of dropping from Party membership by district or other lower-level Party Committees, against which an appeal has been made to the State Committee and rejected;

c. Take up appeal by any woman alleging sexual harassment by any member of a Party committee of district level and above;

d. Take up cases of allegation of corrupt practices involving any member of a Party committee of area level and above or any Party member serving as an elected people’s representative;

e. Examine and decide upon any cases referred to it by the Central Committee or the Polit Bureau;

Article 40:

a. The CCC has the right to ask for reports in connection with any case from the concerned Party committee; undertake investigations in any area of Party work and summon any member for interrogation in connection with any specific case (concerned Party committees and members must extend full cooperation to the CCC);

b. The CCC will take decisions on majority basis;

c. Any decision of the CCC will be binding upon the entire Party unless modified or rescinded by the CC with 3/4th majority;

d. Rules for the functioning of the Central Control Commission shall be framed, if necessary, by the Central Committee in consultation with the Central Control Commission.

CHAPTER XI

Finances of the Party

Financial Resources


Article 41: The financial resources of the Party comprise membership dues, salaries/allowances earned by members as elected people’s representatives, income from various Party undertakings, mass collections in cash or crop, and contributions from mass organizations, individual members and sympathisers.

Financial Management


Article 42.1: The Central Committee is responsible for the Party finance. The Central Committee shall draw up annual budget and allocate funds accordingly and shall appoint an in-charge of the Party finance. The Central Committee shall adopt the annual statement of accounts submitted to it by the Political Bureau.

Article 42.2: The State Committee and other lower-level Party committees shall follow the pattern at the Central level in the matter of management of finance and will submit annual financial report to the next higher committee.

Article 42.3: Membership fees shall be at the disposal of the Central Committee. The Central Committee shall decide on the proportions of distribution of levy as well as any other special collection among various Party structures.

Article 42.4: Complete records must be maintained in all financial transactions including both income and expenditure. Party members working in mass organizations must follow the same norms in their respective mass organizations.

Article 42.5: Outgoing committees will place financial reports in the Party Congress/conferences.

CHAPTER XII

Party Members as Elected People’s Representatives


Article 43: Party members elected as people’s representatives to Parliament, State legislatures, institutions of local self-government and other public bodies shall function under the guidance of the Central Committee, State/Special Area committee, and Regional/District/Area committees as the case may be. If there are several elected people’s representatives of the same level, the concerned Party committee guiding them may bring them under a single Party group. Relevant rules framed by the Central committee shall serve as the code of conduct for such representatives and Party groups.

Article 44.1: Nominations of Party candidates for elections to Parliament, State legislatures or councils or centrally administered areas shall be subject to approval by the Central Committee.

Article 44.2: As for the nomination of Party candidates for corporations, municipalities, district boards, local boards and panchayats, etc., rules shall be drawn up by the State Committee.

CHAPTER XIII

Statutory Provision


Article 45: The Party shall bear 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.

CHAPTER XIV

Rules and By-laws


Article 46: The Central Committee shall frame rules and by-laws from time-to-time under the Party Constitution and in conformity with it. The whole Party shall abide by these rules and by-laws.

CHAPTER XV

Amendments


Article 47: The Party Constitution may be amended only by the All India Party Congress. The notice for the proposals for amendments should be given one month before the Party Congress.

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