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CONSTITUTION OF THE SWARAJ ABHIYAN

 

ARTICLE I: NAME OF THE ORGANISATION

 

The name of the Organization will be SWARAJ ABHIYAN (hereinafter referred to as “the Abhiyan”).

Provided, that save for the purposes of opening of Bank Accounts, the words “Swaraj Abhiyan” may be used in their grammatical and linguistic variations and cognate expressions by State Working Committees with the consent of the National Working Committee.

 

 

ARTICLE II: MEMORANDUM OF ASSOCIATION OF THE ABHIYAN

 

  1. The Abhiyan seeks to realize the ideal of Swaraj or self-rule which implies freedom from all forms of dominance and freedom for self-realization in all spheres of life 1[more specifically in respect of:]
    • Participatory democracy with decentralization of power 2[in a corruption-free society];
    • Equitable and sustainable access to well-being for all;
    • Harmonious co-living across all communities, sans any violence or discrimination;
    • Knowledge and culture anchored in our traditions and willing to embrace the world of today and tomorrow;
    • Global 3[peace and] order based on equity and fraternity among 4[world communities with particular attention to ecology and balance between nature and human beings]

 

  1. In order to realize this ideal, the Abhiyan seeks to strengthen and deepen alternative politics 5[in Corruption-free India] that would restore power to the people and alter the existing balance of power in favour of the last person. Specifically, practice of alternative politics would include:
    • Using legitimate constitutional means to launch agitations, struggles and movements to achieve a just society 6[to ensure five basic needs of human life namely food, clothing, shelter, healthcare and education];
    • Carrying out constructive work for social reform and nation building 7[];

1 These words were substituted for the words and expression “. Specifically, Swaraj includes” by amendment No. 1 passed at the 2nd NSC meeting on 29th Nov 2015.

2 These words were added by amendment No. 2 passed at the 2nd NSC meeting on 29th Nov 2015.

3 These words were added by amendment No. 3 passed at the 2nd NSC meeting on 29th Nov 2015.

4 These words were substituted for the words “countries, races, gender, caste and religions as also between humans and nature” by amendment No. 4 passed at the 2nd  NSC meeting on 29th Nov 2015.

5 These words were substituted for the words “in the country” by amendment No. 5 passed at the 2nd NSC meeting on 29th Nov 2015.

6 These words were added by amendment No. 6 passed at the 2nd NSC meeting on 29th Nov 2015.

7 The words “in various fields such as education, health, farming, handicrafts, labour, cooperatives etc” originally present here were omitted by amendment No. 7 passed at the 2nd NSC meeting on 29th Nov 2015.

  • Engaging in generation of new ideas, policies, models suited for the challenges of our times and future of 1[India, humankind and Nature];
  • Working towards character building, especially for the youth, so that human beings can be in touch with and in harmony with their inner selves and other human beings cutting across barriers of age, gender, caste, 2[religion,] class, race, locality or nationality;
  • Intervening in democratic politics and governance so as to make it more participative, transparent and accountable to the
  1. The activities of the Abhiyan will be carried out in accordance with its own principles of Swaraj. Specifically, it would be guided by the following values:
    • Transparency 3[and Accountability] in its functioning
    • Participatory democracy wherein the voice of every member is respected
    • Democratic decision making that respects the voice of dissent
    • Collective leadership that avoids personality cult of any kind
    • Decentralization of power, so that higher levels of organizations take only those decisions that cannot be taken at grassroots level
    • Social diversity, especially giving due representation to those social groups such as women, SC, ST, OBC and minorities who have suffered political under-representation
    • Truthfulness and upholding highest standards of integrity in public life
    • 4[Justice, Liberty, Equality & Fraternity] for all
    • The Abhiyan will not in any manner promote or instigate or participate in

 

ARTICLE III: MEMBERSHIP OF THE ABHIYAN

 

ELIGIBILITY

Membership of the Abhiyan, subject to other clauses of this Article, is open to any person without discrimination as to age, 5[caste,] ethnic origin, religion, disability, gender or sexual orientation, who agrees with its objectives and principles and who:

  • is a citizen of India and above 18 years of age
  • is not a member of 6[or associated with] any organization whose views, objectives, policies or actions are inconsistent with the underlying objective and founding principles of the Abhiyan;

1 These words were substituted for the words “India and humankind” by amendment No. 8 passed at the 2nd NSC meeting on 29th Nov 2015.

2 These words were inserted by amendment No. 9 passed at the 2nd NSC meeting on 29th  Nov 2015.

3 These words were inserted by amendment No. 10 passed at the 2nd NSC meeting on 29th Nov 2015.

4 These words were substituted for the words “Liberty and Justice” by amendment No. 11 passed at the 2nd NSC meeting on 29th Nov 2015.

5 These words were inserted by amendment No. 12 passed at the 2nd NSC meeting on 29th Nov 2015.

6 These words were inserted by amendment No. 13 passed at the 2nd NSC meeting on 29th Nov 2015.

  • 1[has not been convicted by a competent court of any criminal offense punishable by more than 5 years in prison or of any financial ]

 

  1. MEMBERSHIP PROCESS
    • 2[An eligible individual will, on submission of an application, membership dues, and declaration as may be prescribed from time to time for such membership, become a member of the Abhiyan unless rejected by the Unit/Working Committee functioning in the area in which he or she Applications should be submitted to the local unit operating in the area where the applicant resides.
    • The Unit/Working Committee receiving the application shall scrutinize the same, and publicize the applicant’s name, inviting objections (if any) from members of the public for a period of at least one week. The Unit/Working Committee may also adopt other means to verify the character and credentials of the

Provided that the application shall be deemed to be accepted if not denied or rejected within a period of one calendar month from the date of application.

  • If a membership application is denied by the local Unit/Working Committee, it may be appealed to the next higher working committee of the Abhiyan. The Working Committee may, if it deems fit appoint one or more of its members to decide such
  • A final appeal against the decision of the next higher working committee shall lie with concerned State Working Committee in cases where the denial and first appeal have both been adjudicated by a Unit/Working Committee subordinate to it. ]

 

 

  1. TERM

The term of membership, subject to renewal, termination or resignation, will be 3[3 years].

Provided that for the purpose of this clause, a year will be taken as the period commencing from 1st of April of a calendar year to the 31st of March of the succeeding year.

 

1 These words were substituted for the words “has not been convicted of any criminal offence punishable by more than 5 years in prison by a competent court or of any financial misappropriation” by amendment No. 14 passed at the 2nd NSC meeting on 29th Nov 2015.

2 Substituted by amendment No. 15 passed at the 2nd NSC meeting held on 29th Nov 2015 for the following text, –

“(a) An eligible individual will, on the submission of an application and declaration as may be prescribed from time to time for such membership, become a member of the Abhiyan unless rejected by the Unit/Working Committee functioning in the area in which he or she applies.

Provided that members shall not vote on any matter within the Abhiyan until confirmed on completion of a probationary period of 4 months.

(b) If a membership application is denied by the local Unit/Working Committee, it may be appealed to the next higher working committee of the Abhiyan. The Working Committee may, if it deems fit appoint one or more of its members to decide such cases.”

3 These words were substituted for the words “1 year” by amendment No. 16 passed at the 2nd NSC meeting on 29th Nov 2015.

 

Provided, further that for the first year of membership, a year will be taken as the period commencing from the date of membership up to the following 31st  of March.

Provided, further that the Abhiyan will send a reminder to all members whose membership is due for renewal. Members will have a grace period of three months on receipt of such reminder to renew their membership failing which their membership will lapse. However, in case no reminder has been sent, the grace period will be 6 months.

 

 

  1. CESSATION OF MEMBERSHIP

 

A person will cease to be a member of the Abhiyan in the following events:

 

  • Death
  • Resignation
  • Termination
  • Non-renewal of the Membership during grace period

 

 

  1. TERMINATION OF MEMBERSHIP

 

A person’s membership will stand terminated if

  • 1[a reasoned or speaking order to the effect is passed by a competent disciplinary committee. Provided that no such finding may be recorded without providing a reasonable opportunity to respond including an opportunity of personal hearing to the person,]
  • 2[he/she is convicted by a competent court of a criminal offense punishable by more

than 5 years in prison or of any financial misappropriation].

 

 

  1. SUSPENSION OF MEMBERSHIP

 

  • 3[A person’s membership may be suspended by a competent Disciplinary Committee on the basis of prima facie findings in disciplinary proceedings as per the provisions of this Constitution.]

 

 

 

1 These words and sentence were substituted for the words and sentence “an order to the effect is passed by a competent disciplinary committee. Provided that no such finding may be recorded without hearing the  person” by amendment No. 17 passed at the 2nd NSC meeting on 29th Nov 2015.

2 These words were substituted for the words “he/she is convicted of a criminal offence punishable by more than 5 years in prison by a competent court or of any financial misappropriation” by amendment No. 18

passed at the 2nd NSC meeting on 29th Nov 2015.

3 Text renumbered as sub-clause (a) of clause F by amendment No. 19 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • 1[A District or State Working Committee may suspend a person’s membership provisionally, provided that a complaint specifying the grounds for such action is submitted to the competent Disciplinary Committee immediately thereafter. The Disciplinary Committee shall on the basis of prima facie findings, either vacate the provisional suspension order or extend it by passing a regular suspension order against the

Provided, that the provisional suspension order shall be deemed to be automatically vacated if the Disciplinary Committee fails to decide the issue within 7 days of passing of the provisional suspension order by the Working Committee.

  • A member under a provisional but not a regular suspension may participate in Abhiyan meetings and vote, with the proviso that any votes cast shall affect elections or decision of the Abhiyan only if the Disciplinary Committee does not extend the provisional suspension order passed against him or her within 7 days of its passage by the Working Committee.]

 

 

  1. AFFILIATE MEMBERSHIP TO ORGANIZATONS
    • Organizations with aims and objectives aligned to those of the Abhiyan may be admitted to affiliate status with the Abhiyan by the Working Committees at appropriate levels.
    • On such affiliation, members of the affiliate organization shall become associate members without voting rights in the
    • Representatives of organizations admitted to affiliate status may be admitted to the concerned Working Committees as

 

 

ARTICLE IV: ORGANISATIONAL STRUCTURE

 

  1. ORGANS OF THE ABHIYAN

 

  • The Abhiyan will be structured at the National, State, District and Block levels with organs at respective levels being,

 

  • Block Level:

Block Unit

  • District Level

District Working Committee

 

 

 

 

1 Sub-clauses (b) and (c) of clause F were inserted by amendment No. 19 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • State Level

State Steering Committee State Working Committee

1[State Coordination Committee]

  • National Level

National Steering Committee National Working Committee 2[National Coordination Committee]

Provided, that the National Working Committee of the Abhiyan 3[in consultation with respective State Working Committee] may sub-divide a state into two or more regions for functional or administrative convenience by constituting regional steering and working committees for each such region of the state. The provisions of this  constitution

applicable to state level committees will apply to such regional committees, mutatis mutandis 4[].

Provided further that the Abhiyan’s organs may be organized at Taluka, Tehsil, Mandal, or other administrative level 5[below District level] suitable for that state instead of at the block level as deemed fit by the concerned state working committee. Powers and functions of such units will be identical to those specified for Block units in this constitution 6[and all references to Block units in this Constitution shall be deemed to include such Taluka, Tehsil, Mandal or other sub-district level defined as equivalent to Block level by that State Working Committee].

7[Provided further that State Working Committees may create separate units of the Abhiyan for Towns, Cities, Cantonment Areas, Metropolitan Areas, Panchayats, City Wards, Rural or Non-Metropolitan parts of Districts, and on any other basis as deemed fit by that State Working Committee. State Working Committees may similarly create units at intermediate levels as defined by that State Working Committee between State level and District level, between District level and Block level, and below Block level for functional or administrative convenience in that state. The composition, hierarchy, powers and functions of such urban and intermediate level bodies shall be as specified by the concerned State Working Committee.

 

 

 

1 This text was inserted by amendment No. 20.a passed at the 2nd NSC meeting on 29th Nov 2015.

2 This text was inserted by amendment No. 20.b passed at the 2nd NSC meeting on 29th Nov 2015.

3 These words were inserted by amendment No. 21 passed at the 2nd NSC meeting on 29th Nov 2015.

4 The words “and there will then be no state level committees in that state” were omitted by amendment No. 22 passed at the 2nd NSC meeting on 29th Nov 2015.

5 These words were inserted by amendment No. 23 passed at the 2nd NSC meeting on 29th Nov 2015.

6 These words were inserted by amendment No. 24 passed at the 2nd NSC meeting on 29th Nov 2015.

7 This text was substituted for the third proviso to section A(a) of Article IV by amendment No. 25 passed at the 2nd NSC meeting on 29th Nov 2015, which prior to its amendment read, “Provided further that State Working Committees may constitute separate units of the Abhiyan to operate within geographical boundaries of towns and cities and these units will be at the Block level or at District level as decided by that State

Working Committee.”

 

However, if any such units are proposed to be constituted in substitution of rather than in addition to District level units of the Abhiyan as specified in this Constitution, they may be constituted only on the basis of direct election by Abhiyan members in that region. Further, any such substitution shall require ratification by the National Working Committee.]

  • Areas of District Units will ordinarily be the same as those of respective Administrative 1[Revenue] Districts in the State. Areas of State Units of the Abhiyan will conform to the States and Union Territories mentioned in the Constitution of If a state has been subdivided into Regions, boundaries of each Region will be as prescribed by the National Working Committee.

 

 

  1. BLOCK LEVEL: Block Unit

 

  • The Block Unit will be the General Body of all members of that Unit. It will:

 

  • deliberate and decide on any issue or action program to further the objectives of the Abhiyan,
  • scrutinize applications for membership where it deems necessary,
  • elect 1 [President] and 1 §[General Secretary] (of which at least one must be a woman) in blocks with not less than 50 members by consensus, failing which, it will be done through elections; The §[President] and §[General Secretary] will be available to work for the Abhiyan on a regular basis,
  • form such teams as required and assign them such work as deemed fit,
  • reconstitute any team or committee,
  • recall [President] or §[General Secretary],
  • perform such tasks as assigned to it by the District unit from time to time for the purposes of the Abhiyan,
  • If there are not less one hundred members in a block unit, a Working Committee will be elected for that Block whose structure, powers and functions will be, as far as may be on the lines of District Working

 

 

  1. DISTRICT LEVEL

 

  • District Working Committee:

 

  • There will be elected a District Working Committee by all the members of that district, if the number of such members is not less than

 

 

 

1 This word was inserted by amendment No. 26 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • The District Working Committee will comprise of 10 members, which shall include at least 3 women and 1 student/youth (upto 35 years of age).

Provided that if no candidate from any of these groups files his/her nomination for election, the corresponding seat will be kept vacant. Such vacant seats will be filled through bye-elections to be held at such time and in such manner as prescribed.

1[Provided,  further  that  if  an  elected  District  Working  Committee  member’s   2[or

elected State Steering Committee Delegate’s] seat becomes vacant due to death, resignation, recall or any other reason, the same shall be filled through bye-elections within a period of 6 months in such manner as prescribed.]

  • The members referred to in sub-clause (ii) above will elect one person from among themselves as the District [President].
  • If the [President], §[General Secretary] or Working Committee member of any Block Unit is elected to the District Working Committee, he/she will resign from the position of §[President], §[General Secretary] or Block Working Committee member as the case may be, immediately.
  • The District Working Committee may co-opt persons who are eminent individuals, experts from such fields as the National Working Committee deems fit, or persons from SC, ST, OBC, Physically Challenged or disadvantaged Religious Minority communities. 3[The total number of co-opted members shall not exceed 25% of the Committee’s elected strength at the time of co-option.]
  • Subject to the limitation of sub-clause (iii) of this clause, co-opted members will have all the rights of elected members of the District Working
  • The District Working Committee may invite anyone from within or outside the Abhiyan to attend its meetings as a ‘Special Invitee’ for one or more Such Special Invitees may participate in discussions but will not enjoy any voting rights.
  • 4[Subject to ratification of the concerned State Working Committee, a District

Working Committee may constitute a separate unit for any Village/s, Municipal Ward, or other delineated area below block level. Provisions for Block level units will apply to such sub-divisional units mutatis mutandis.]

 

 

  • Powers and Functions of District Working Committee

 

The District Working Committee will

 

1 This proviso was added by amendment No. 27 passed at the 2nd NSC meeting on 29th Nov 2015.

2 These words were inserted by amendment No. 33 passed at the 2nd NSC meeting on 29th Nov 2015.

3 This sentence was substituted for the sentence “The total number of co-opted members shall not exceed 25% of the current elected strength of the Committee.” by amendment No. 28 passed at the 2nd NSC meeting on 29th Nov 2015.

4 Present sub-clause C(a)(viii) of Article IV was substituted for the text, “A District Working Committee may, if

there are hundred or more members in any Village/s, Municipal Ward, or other delineated area below block level, constitute a separate unit for that area. The provisions for Block level units will apply to such sub- divisional units mutatis mutandis.” by amendment No. 29 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • form as many teams as are required to carry out the objectives of the Abhiyan,
  • elect a [General Secretary] and a Treasurer for the District from among its members,
  • appoint one or more Abhiyan members from the District as Spokespersons authorized to communicate the official Abhiyan position on any subject to the public and media; Spokespersons who are not themselves members of the District Working Committee shall be invited to attend all District Working Committee meetings as ‘special invitees’,
  • appoint one or more Abhiyan members from the District as electronic media panelists authorized to represent the Abhiyan in media debates and discussions;
  • monitor and supervise the activities of functionaries of the Abhiyan in that District,
  • undertake all such activities as are needed to meet the objectives of the Abhiyan in that District,
  • undertake activities related to public issues affecting that District,
  • maintain the Register of Members of the Abhiyan of that District,
  • maintain accounts of District Level Finances,
  • 1[form District Level Committees for settling internal disputes, grievances and disciplinary actions, and for deciding complaints against Working Committee members, office bearers and spokespersons below District level. However Spokespersons, Media panelists, and District or Block level office bearers and Working Committee members of the Abhiyan will not be members of such Committees,]
  • reconstitute any team or committee,
  • 2[recall District [President] by an absolute majority of elected members, and District §[General Secretary] and Treasurer by an absolute majority of all members]

 

 

  1. STATE LEVEL (This will apply to Union territories also):

 

  • State Steering Committee:

 

A State Steering Committee will be convened in each state or Union Territory where elected Working Committees are present in one-third or more Districts and will consist of

  • Delegates nominated by the District Working Committee 3[from its elected members] equal in number to the number of assembly constituencies in the District in all 1[Revenue] Districts with elected District Working

 

 

1 This sub-clause was substituted by amendment No. 30 passed at the 2nd NSC meeting on 29th Nov 2015, and read, “form District Level Committees for settling internal disputes, grievances and disciplinary actions, and for deciding complaints against block level functionaries. However District or Block level office bearers of the Abhiyan will not be members of such Committees,” prior to the substitution.

2 This sub-clause was substituted by amendment No. 31 passed at the 2nd NSC meeting on 29th Nov 2015 and

read, “recall District Convener, Secretary or Treasurer by an absolute majority of total members” prior to the substitution.

3 This text was inserted by amendment No. 32 passed at the 2nd NSC meeting on 29th Nov 2015.

 

 

2[Provided that if the number of assembly constituencies in the District exceeds the elected strength of the District Working Committee as mandated by this Constitution, unsuccessful candidates for election to the District Working Committee not otherwise disqualified, equal in number to the difference and who received the highest votes in the last election or bye-elections, shall be declared as Delegates to the State Working Committee at the time of announcing election results. Such delegates will serve for a term of office coterminous with the District Working Committee.]

  • Delegates nominated by the District Working Committee equal in number to one fourth of the number of assembly constituencies in the District for all 3[Revenue] Districts without elected District Working

Provided, that there will be at least one delegate from every District.

Provided further that assembly constituencies lying across District boundaries will be assigned to the District contributing the most area for determining number of delegates from each District.

  • In addition, it may co-opt a maximum of 4[25% of its non co-opted strength at the

time of co-option from among the following]:

  • experts from such fields as the National Steering Committee deems fit
  • eminent individuals from any field in the country
  • members of disadvantaged social groups, such as women, SC, ST, OBC, Physically Handicapped and disadvantaged religious minorities if there is inadequate representation of such groups

 

 

  • Functions and Powers of the State Steering Committee:

 

  • The State Steering Committee will elect the State Working Committee from among Abhiyan members in that

5[Provided that if a State Steering Committee has not been constituted for a State in which the number of Swaraj Abhiyan members is not less than ten times the number of parliamentary constituencies in that state, and in any case not less than 100, a State Working Committee of 20 members may be elected directly by all Swaraj Abhiyan members of that state, subject to the prior consent of the National Working Committee,

 

1 This word was inserted by amendment No. 34 passed at the 2nd NSC meeting on 29th Nov 2015.

2 This proviso was inserted by amendment No. 32 passed at the 2nd NSC meeting on 29th Nov 2015.

3 This word was inserted by amendment No. 35 passed at the 2nd NSC meeting on 29th Nov 2015.

4 These words were substituted for the words “25% of its non-co-opted strength from amongst the following” by amendment No. 36 passed at the 2nd NSC meeting on 29th Nov 2015.

5 This proviso was substituted for the original proviso which read, “Provided that if a State Steering Committee has not been convened for a State within 9 months of the formation of the Abhiyan, a state working

committee of 20 members will be directly elected by all Abhiyan members of that state in such manner as prescribed by the National Working Committee.” by amendment No. 37 passed at the 2nd NSC meeting on 29th Nov 2015.

 

in such manner and for such period till a State Working Committee is convened, as may be prescribed.]

  • The State Steering Committee will have the power to recall the members of the State Working
  • It will decide the stand and policy of the Abhiyan on issues concerning that state in such manner as may be

 

 

  • State Working Committee:

 

Each State Working Committee will organize and coordinate the activities of the Abhiyan at the State Level.

  • The State Working Committee will consist of not less than 15 and not more than 1[30] members, of which at least one fourth shall be women, and one tenth shall be students/youth (18 to 35 years of age).

Provided that if no candidate from any of these groups files his/her nomination for election, the corresponding seat will be kept vacant. 2[]

Provided further that the National Working Committee may in consultation with respective State Working Committees additionally fix the number or proportion of seats mentioned in this clause to be reserved in each State Working Committee for candidates belonging to SC, ST, OBC, physically handicapped and disadvantaged religious minority communities.

3[(ia) In addition to the above, District §[Presidents], or their respective nominees will be ex-officio members of State Working Committees with all the rights of elected members of the Committee.

Provided, that ex-officio members may not serve as state level office bearers.]

  • The members referred to in 4[sub-clauses (i) and (ia)] above will elect one person from 5[among members referred to in sub-clause (i) above] as the State [President].
  • 6[If the [President], §[General Secretary] or Working Committee member of any lower level unit of the Abhiyan is elected to the State Working Committee, he/she will

 

1 This was changed from “25” by amendment No. 38 passed at the 2nd NSC meeting on 29th Nov 2015.

2 The sentence “Such vacant seats shall be filled through bye-elections to be held at such time and in such manner as may be prescribed. ” was deleted by amendment No. 39 passed at the 2nd NSC meeting on 29th Nov 2015.

3 sub-clause (ia) was inserted by amendment No. 40 passed at the 2nd NSC meeting on 29th Nov 2015.

4 These words were substituted for the words “sub-clause (i)” by amendment No. 41 passed at the 2nd NSC meeting on 29th Nov 2015.

5 These words were substituted for the words “amongst themselves” by amendment No. 41 passed at the 2nd NSC meeting on 29th Nov 2015.

6 sub-clause (iii) was substituted for the original which read, “If the Convener or Joint Convener of any Block Unit or a member of any District or Block Working Committee is elected to the State Working Committee, he/she will resign from the position of Convener, Joint Convener or District or Block Working Committee

 

resign from the position of §[President], §[General Secretary] or lower level Working Committee member as the case may be, immediately.

Provided, that this provision is not applicable to District §[Presidents] or their nominees, who are ex-officio members of the State Working Committee.]

  • The State Working Committee may co-opt persons who are eminent individuals, experts from such fields as the National Working Committee deems fit, or persons from SC, ST, OBC, Physically Challenged or disadvantaged Religious Minority communities. The total number of co-opted members shall not exceed 1[25% of the elected strength at the time of co-option of the Committee.] 2[Subject to the limitations specified in this Constitution, co-opted members will have all the rights of elected members of the ]
  • The State Working Committee may invite anyone from within or outside the Abhiyan to attend its meetings as a ‘Special Invitee’ for one or more However, Special Invitees will not enjoy any voting rights.

 

 

  • Functions and Powers of State Working Committee: The State Working Committee will:
    • form as many teams as required to carry out the objectives of the Abhiyan
    • 3[elect State [General Secretary] and Treasurer from among its elected and co-opted members]
    • appoint one or more Abhiyan members from the State as Spokespersons authorized to communicate the official Abhiyan position on any subject to the public and Spokespersons who are not themselves members of the State Working Committee shall be invited to attend all 4[State Working Committee and Steering Committee meetings] as ‘special invitees’.
    • appoint one or more Abhiyan members from the State as electronic media panelists authorized to represent the Abhiyan in media debates and discussions
    • 5[monitor and supervise Abhiyan activities in that State]
    • undertake all such activities as are needed to meet the objectives of the Abhiyan in that State

 

member as the case may be, immediately.” by amendment No. 42 passed at the 2nd NSC meeting on 29th Nov 2015.

1 These words were substituted for the words “25% of the current elected strength of the Committee.” by amendment No. 43 passed at the 2nd NSC meeting on 29th Nov 2015.

2 This sentence was inserted by amendment No. 44 passed at the 2nd NSC meeting on 29th Nov 2015. 3 Sub-clause (ii) substituted for original reading “elect the Secretary and Treasurer for that State” by amendment No. 45 passed at the 2nd NSC meeting on 29th Nov 2015.

4 These words were substituted for the words “State Working Committee meetings” by amendment No. 46 passed at the 2nd NSC meeting on 29th Nov 2015.

5 Sub-clause (v) was substituted for the original sub-clause reading “monitor and supervise the activities of Abhiyan functionaries in that State.” by amendment No. 47 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • undertake various activities related to public issues affecting that State
  • maintain and keep accounts of State Level Finances
  • 1[form State Level Committees for settling internal disputes, grievances and disciplinary actions, and for deciding complaints against Working Committee members, office bearers and spokespersons below State level. However Spokespersons, Media panelists, and State level office bearers and Working Committee members, or District level office bearers of the Abhiyan will not be members of such ]
  • set up the first State Level Abhiyan Lokayukta
  • reconstitute any team or committee
  • 2[recall State [President] by an absolute majority of elected and ex-officio members, and State §[General Secretary] and Treasurer by an absolute majority of all members.]
  • 3[Constitute and reconstitute a State Coordination Committee consisting of
  • [President], §[General Secretary] and 6 to 12 other elected or co-opted State Working Committee members to oversee Abhiyan activity in that state between two State Working Committee meetings. State Coordination Committees shall serve at the pleasure of the State Working Committee for a period not exceeding one year at a time, subject to reappointment.]

 

 

  • 4[State Coordination Committee:

 

  • The State Coordination Committee shall discharge executive functions as delegated to it by the State Working Committee in between two meetings of the State Working Committee.
  • State [President] and office bearers are expected to discharge all of their powers and duties in consultation with the State Coordination Committee in the spirit of collective leadership.]

 

 

  1. NATIONAL LEVEL:

 

  • National Steering Committee

 

1 Sub-clause (ix) was substituted for original sub-clause reading “form State Level Committees for settling internal disputes, grievances and disciplinary actions, and for deciding complaints against district level functionaries. However, Spokespersons, media Panelists and State level office bearers of the Abhiyan will not be members of such Committees.” by amendment No. 48 passed at the 2nd NSC meeting on 29th Nov 2015.

2 Sub-clause (xii) was substituted for the original reading “recall State Convener, Secretary or Treasurer by an absolute majority of total members” by amendment No. 49 passed at the 2nd  NSC meeting on 29th  Nov 2015.  3 Sub-clause D(d)(xiii) of Article IV was inserted by amendment No. 20.c passed at the 2nd NSC meeting on 29th

Nov 2015.

4 Section D(e) of Article IV was inserted by amendment No. 20.d passed at the 2nd NSC meeting on 29th Nov 2015.

 

The National Steering Committee will be the highest policy making body of  the Abhiyan. 1[An elected National Steering Committee will be constituted as soon  as elected Steering Committees have been constituted in 6 states and Union Territories and elected Working Committees have been constituted in at least 100 Districts across the country.] The National Steering Committee will comprise of –

 

  • Delegates nominated by the State Working Committee equal in number to the number of parliamentary constituencies in that State in all States with elected State Steering Committees
  • Delegates nominated by the State Working Committee equal in number to one fourth of the number of parliamentary constituencies in the State in all States without elected State Steering Committee. Provided that there will be at least one delegate from every State.
  • In addition, it may co-opt up to 20% of the number of state delegates from among the following:
    • experts from such fields as the National Steering Committee deems fit
    • eminent individuals from any field in the country
    • members of disadvantaged social groups, such as women, SC, ST, OBC, Physically Handicapped and disadvantaged religious minorities if there is inadequate representation of such

 

 

  • Powers and Functions of the National Steering Committee:

 

The National Steering Committee will

 

  • elect the National Working Committee from among all Abhiyan members in the country
  • have the power to recall members of the National Working Committee
  • have the power to amend this Constitution
  • decide the stand and policy of the Abhiyan on issues of National interest

 

 

  • National Working Committee:

 

The National Working Committee will be the highest Working body of the Abhiyan. It will organize and coordinate activities of the Abhiyan at the National Level.

 

 

 

1 This sentence was substituted for the sentence reading “An elected National Steering Committee will be constituted as soon as elected Steering and Working Committees have been constituted in one-third or more States and Union Territories of the country.” by amendment No. 50 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • The National Working Committee will consist of not less than 1[25] and not more than 2[50] members, of which at least one fourth shall be women, and one tenth shall be 3[ ] youth (18 to 35 years of age).

Provided that if no candidate from these groups files his/her nomination for election, the corresponding seat will be kept vacant. 4[ ]

5[(ia) In addition to the above, State §[Presidents], or their respective nominees will be ex-officio members of the National Working Committee with all the rights of elected members of the Committee.

Provided, that ex-officio members may not serve as National level office bearers.]

  • The members referred to in 6[sub-clauses (i) and (ia)] above will elect one person from 7[among members referred to in sub-clause (i) above] as the National
  • [President].
  • 8[If the [President], §[General Secretary] or Working Committee member of any lower level unit of the Abhiyan is elected to the National Working Committee, he/she will resign from the position of §[President], §[General Secretary] or lower level Working Committee member as the case may be, immediately.

Provided, that this provision is not applicable to State §[Presidents] or their nominees, who are ex-officio members of the National Working Committee.]

  • The National Working Committee may co-opt persons who are eminent individuals, experts from such fields as the National Working Committee deems fit, or persons from SC, ST, OBC, Physically Challenged or disadvantaged Religious Minority communities. The total number of co-opted members shall not exceed 25% of the 9[elected strength of the Committee at the time of co-option].

 

 

1 This number was substituted for the number “20” by amendment No. 51 passed at the 2nd NSC meeting on 29th Nov 2015.

2 This number was substituted for the number “30” by amendment No. 51 passed at the 2nd NSC meeting on 29th Nov 2015.

3 The word and expression “students/” was deleted by amendment No. 52 passed at the 2nd NSC meeting on 29th Nov 2015.

4 The sentence “Such vacant seats shall be filled through bye-elections to be held at such time and in such manner as may be prescribed.” was deleted by amendment No. 53 passed at the 2nd NSC meeting on 29th Nov

2015.

5 Sub-clause (ia) was added by amendment No. 54 passed at the 2nd NSC meeting on 29th Nov 2015.

6 These words were substituted for the words “sub-clause (i)” by amendment No. 55 passed at the 2nd NSC meeting on 29th Nov 2015.

7 These words were substituted for the words “amongst themselves” by amendment No. 55 passed at the 2nd NSC meeting on 29th Nov 2015.

8 Sub-clause (iii) was amended by amendment No. 56 passed at the 2nd NSC meeting on 29th Nov 2015, prior to

which it read, “If the Convener or Joint Convener of any Block Unit or a member of any Block, District or State Working Committee is elected to the National Working Committee, he/she will resign from the position of Convener, Joint Convener or Block, District or State Working Committee member as the case may be, immediately.”

9 These words were substituted for the words “current elected strength of the Committee” by amendment No. 57 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • Subject to the limitation of sub-clause (ii) of this clause, co-opted members will have all the rights of elected members of the Working
  • The National Working Committee may invite anyone from within or outside the Abhiyan to attend its meetings as a ‘Special Invitee’ for one or more

However, Special Invitees will not enjoy any voting rights

 

 

  • Powers and Functions of the National Working Committee:

 

The National Working Committee will:

 

  • form as many teams as are required to carry out the objectives of the Abhiyan,
  • elect the National [General Secretary] and National Treasurer 1[from among its elected and co-opted members,]
  • appoint one or more Abhiyan members as Spokespersons authorized to communicate the official Abhiyan position on any subject to the public and media, spokespersons who are not themselves members of the National Working Committee shall be invited to attend all National Working Committee 2[and National Steering Committee] meetings as ‘special invitees’;
  • appoint one or more Abhiyan members as electronic media panelists authorized to represent the Abhiyan in media debates and discussions,
  • monitor and supervise the activities of Abhiyan functionaries at various levels in the country,
  • undertake all such activities as are needed to meet the objectives of the Abhiyan in the country,
  • undertake various activities related to public issues,
  • maintain and keep accounts of National Level Finances,
  • form National Level Committees for settling internal disputes, grievances and disciplinary actions. 3[However, National Working Committee members and State level Office bearers may not be members of such ]

4[(ixa) set up the first National Level Lokpal,]

  • reconstitute any team or committee,
  • 5[recall National [President] with an absolute majority of elected and ex-officio members and National §[General Secretary] or Treasurer by an absolute majority of all members,]
  • make rules and regulations under this Constitution

 

 

1 These words were added by amendment No. 58 passed at the 2nd NSC meeting on 29th Nov 2015.

2 These words were inserted by amendment No. 59 passed at the 2nd NSC meeting on 29th Nov 2015.

3 This sentence was substituted for the sentence “However office bearers of the Abhiyan will not be members of such Committees.” by amendment No. 60 passed at the 2nd NSC meeting on 29th Nov 2015.

4 These words were re-numbered as a separate sub-clause No. (ixa) by amendment No. 61 passed at the 2nd NSC meeting on 29th Nov 2015.

5 This sub-clause was substituted for, “recall National Convener, Secretary or Treasurer by an absolute majority of total members” by amendment No. 62 passed at the 2nd  NSC meeting on 29th Nov 2015.

 

1[(xiii)  constitute  and  reconstitute  a  National  Coordination  Committee  consisting    of

  • [President], §[General Secretary] and 6 to 12 other elected or co-opted National Working Committee members to oversee Abhiyan activity between two National Working Committee meetings. The National Coordination Committee shall serve at the pleasure of the National Working Committee for a period not exceeding one year at a time, subject to reappointment.]

 

 

  • 2[National Coordination Committee:

 

  • The National Coordination Committee shall discharge executive functions as delegated to it by the National Working Committee in between two meetings of the National Working Committee;
  • National [President] and office bearers are expected to discharge all of their powers and duties in consultation with the National Coordination Committee in the spirit of collective leadership.]

 

 

  1. NRI LEVEL

 

  • 3[The National Working Committee shall formulate rules to create Abhiyan units for Non-Resident Indians, specifying their composition, powers and functions
  • The National Working Committee may if it finds fit specify representation levels for Non-Resident Indians within State and National organs of the Abhiyan, including the numbers of such representatives and their mode of ]

 

 

  1. TERM OF MEMBERSHIP OF COMMITTEES

 

  • The term of office of every Steering and Working Committee member shall be three years, subject to maintaining the currency of their Abhiyan
  • 1[No individual may continue as office bearer in the same office for more than two

consecutive terms.]

 

 

 

1 Sub-clause E(d)(xiii) of Article IV was inserted by amendment No. 20.e passed at the 2nd NSC meeting on 29th Nov 2015.

2 Section E(e) of Article IV was inserted by amendment No. 20.f passed at the 2nd NSC meeting on 29th Nov

2015.

3 Present section F.NRI LEVEL, consisting of sub-sections (a) and (b) was inserted by amendment No. 63 passed at the 2nd NSC meeting on 29th Nov 2015 and previously read, “

  • The Abhiyan, for the purposes of NRIs, will be divided into City, Country and Global
  • The provisions of this Article relating to the Block, District and State Level will apply mutatis mutandis to the City, Country and Global Level “

 

 

  1. FUNCTIONAL AUTONOMY AT EACH LEVEL

 

Every Unit/Steering/Working Committee will have functional autonomy with respect to issues at the level of and arising from the area for which it is constituted.

Provided, that National level Committees of the Abhiyan may intercede on issues concerning more than one state or if there are significant and persistent differences between regions or groups within a state.

Provided further, that a decision of a Unit/Steering/Working committee which is inconsistent with the objectives or principles of the Abhiyan may be overruled by  a Steering or Working committee at a higher level.

 

 

  1. ADVISORY COMMITTEES

 

  • Working Committees at 2[ ] State and National levels of the Abhiyan shall appoint Advisory Committees comprising of eminent citizens drawn from various fields to review activities and progress of the Abhiyan and to offer non-binding advice regarding the same, either on suo-moto basis, by reference of the concerned Working Committee, or on the application of any member in that area. Working Committees shall be bound to consider such advice and to deliberate the same on record. Opinions and Advise of such Advisory Committees will be put in the public domain, regardless of whether the concerned Working Committee has taken a contrary view or
  • The composition, terms of office, meeting frequency and procedures, etc. of such advisory committees will be as

 

 

  1. INITIAL (PROMOTER) STRUCTURE OF THE ABHIYAN

 

  • There will be a Steering Committee at the National level which will function until elections take place at different levels as per the provisions of this
  • This National Steering Committee will consist of all those individuals, who have subscribed to the Memorandum of Association provided for in Article II of this Constitution at the time of the Abhiyan’s

Provided, that the Steering Committee may co-opt other eminent Abhiyan members at its second regular meeting.

  • Steering Committee at the National level will elect a National Working

 

1 Sub-clause G(b) substituted for the original which read, “The National Working Committee will frame regulations for filling the vacancies caused by resignation, expulsion or death of a member of a Unit/Working/Steering Committee.” by amendment No. 64 passed at the 2nd NSC meeting on 29th Nov 2015. 2 The word and punctuation “District,” was deleted by amendment No. 65 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • Subject to ratification of the National Steering Committee, the National Working Committee will in turn constitute State Working Committees in each state and union territory from among Abhiyan members of that State/UT.
  • A Working Committee for a State constituted as per the preceding sub-clause will further constitute Working Committees for each District within that state from Abhiyan members of that District, 1[of such size and in such manner as may be prescribed by respective State Working Committees].
  • All Committees constituted under this clause will function until replaced by Unit/Steering/Working committees elected in accordance with the provisions of this Constitution.
  • 2[Subject to the provisions of this section], the powers and functions of Steering and

Working Committees defined in this clause will be identical to the powers and functions of respective Steering and Working Committees defined in clauses A through F of this Article.

 

 

  1. SOCIAL DIVERSITY IN ABHIYAN ORGANS

 

  • Swaraj Abhiyan shall strive to achieve social diversity within the leadership and will make special efforts to have adequate representation of marginalized and under- represented social
  • Every effort shall be made to have at least one-third number of women in every committee at all levels of the It shall be mandatory to have at least one-fourth number of women in the effective strength of any committee. In case these many women are not available, the shortfall will be left vacant.
  • 3[At least one-tenth of the members of every Abhiyan Committee at any level shall be

youth aged between 18 years and 35 years.]

  • Every effort shall be made to give due representation to under-represented social groups such as SC, ST, OBC, and disadvantaged minorities. National and State Working Committees may prescribe a minimum number or proportion for any or all of such social groups.
  • It shall be mandatory to report the social breakup of each committee 4[at the time of its

constitution] by number of women, youth, SC, ST, minorities, or any other prescribed category.

 

 

 

1 These words were substituted for the words “in such manner as may be prescribed” by amendment No. 66 passed at the 2nd NSC meeting on 29th Nov 2015.

2 These words were substituted for the words “Subject to the above” by amendment No. 67 passed at the 2nd NSC meeting on 29th Nov 2015.

3 Sub-clause K(c), which originally read, “At least one-tenth of all the members of all the Committees at every

level shall be filled by filled by youth aged between 18 yrs and 35 yrs” was substituted by amendment No. 68 passed at the 2nd NSC meeting on 29th Nov 2015.

4 These words were inserted by amendment No. 69 passed at the 2nd NSC meeting on 29th Nov 2015.

 

ARTICLE V: OFFICE BEARERS OF THE ABHIYAN

 

  1. The office bearers of the Abhiyan at respective levels will be:

 

  • Block Level
    • [President] and §[General Secretary]
    • Such other Office Bearers as may be prescribed

 

  • District Level
    • District [President]
    • District Treasurer
    • District [General Secretary]
    • Such other Office Bearers as may be prescribed

 

  • State Level
    • State [President]
    • State Treasurer
    • State [General Secretary]
    • Such other Office Bearers as may be prescribed

 

  • National Level
    • National [President]
    • National Treasurer
    • National [General Secretary]
    • Such other Office Bearers as may be prescribed

 

  • Functional divisions at each Level

Working committees at every level will establish functional divisions as prescribed 1[by the National Working Committee], to meet the aims and objectives of the Abhiyan

 

 

  1. POWERS & FUNCTIONS OF OFFICE BEARERS

 

  • [President]

The §[President] will be in charge of functioning of the Abhiyan at the concerned Level

  • [President]/§[General Secretary] at the Block Level and §[President] at the District/ State/ National Level will
    • facilitate and organize meetings of the Unit

 

 

 

1 These words were inserted by amendment No. 70 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • implement and execute decisions of the Abhiyan and carry out all such work as assigned from time to time
  • [General Secretary]

The §[General Secretary] will be responsible for

  • managing the day to day affairs of the Secretariat at the concerned Level
  • maintaining records and maintaining minutes of the meetings at the concerned level
  • carrying out all such work as given to him/her by the Abhiyan from time to time
  • [General Secretary] at National level will represent Abhiyan for all legal purposes
  • Treasurer

The Treasurer will be responsible for

  • maintaining accounts at the concerned Level, ensuring adequate supervision and training of Treasurers at lower levels, combining and collating accounts from lower levels with own level and ensuring that they are duly reported every quarter
  • following all guidelines and instructions issued from time to time with respect to maintenance of accounts etc.
  • National Treasurer

The National Treasurer additionally will

  • ensure that Accounts of the Abhiyan are properly maintained 1[ ]
  • ensure that all statutory compliances regarding accounts and funds of  the Abhiyan are duly completed

 

 

  1. TERM OF OFFICE OF OFFICE BEARER

 

  • Term of office of all office bearers will ordinarily be three years, subject to maintaining the currency of their membership status for the duration of their term. Working Committee members should ordinarily make themselves available for Abhiyan work for at least 10 hrs/week on
  • No member will hold the same post as an office bearer for more than two terms of three years

 

 

  1. RESTRICTIONS ON HOLDING POSITIONS WITHIN THE ABHIYAN

 

  • No member of a Working Committee of the Abhiyan at any level or Block [President] or §[General Secretary] may be a member of any other Working Committee or serve as
  • [President] or §[General Secretary] of 1[ ] a different unit.

 

 

1 The words “and are audited by an independent Auditor” originally present here were deleted by amendment No. 71 passed at the 2nd NSC meeting on 29th Nov 2015.

 

2[Provided that this provision shall not be applicable to any ex-officio member of a Working Committee, including District or State §[Presidents] or their nominees who become ex-officio members of State and National Executive Committees respectively.]

  • No Block [President], §[General Secretary], or member of a Working Committee of the Abhiyan can be a part of any Disciplinary Committee of the Abhiyan.
  • No family member (spouse, child, parent or sibling) of any Block [President],
  • [General Secretary], or Working or Disciplinary Committee of the Abhiyan may serve as §[President], §[General Secretary] or on any Working or Disciplinary Committee of the Abhiyan.
  • No family member (spouse, child, parent or sibling) of any Steering Committee of the Abhiyan may serve on the same Steering Committee of the

Provided, that there shall be no bar on any Steering, Working or Disciplinary Committee member 3[or their relatives] from serving as a Spokesperson or Media Panelist of the Abhiyan or working with a functional division established as prescribed under sub-clause

  • of clause A of Article V of this Constitution at any

Provided, further that members of the Lokpal or any State Lokayukta or their family members (spouse, child, parent or sibling) may not be members of any Steering or Working Committee of the Abhiyan 4[or serve as Office Bearers,  Spokespersons or Media Panelists of any Unit of the Abhiyan].

Provided, further that no member of any political party shall hold any office, or be a spokesperson or media panelist at any level of the Abhiyan.

 

 

ARTICLE VI: CODE OF CONDUCT, DISCIPLINE AND DISPUTE RESOLUTION

 

  1. CODE OF CONDUCT

 

  • Every member of the Abhiyan will abide by the following Code of Conduct:
    • A member will not engage herself in any 5[unethical] or illegal activity as would tarnish the image of the Abhiyan or such conduct as would bring disrepute to
    • A member will not undertake any activity, which is contrary to the objectives of the Abhiyan as set out in this
    • A member will abide by the rules framed from time to time by the National Working Committee.
    • There will be zero tolerance for sexual harassment in any

 

1 The word “in” originally present here was deleted by amendment No. 72 passed at the 2nd NSC meeting on 29th Nov 2015.

2 This proviso was added by amendment No. 73 passed at the 2nd NSC meeting on 29th Nov 2015.

3 These words were inserted by amendment No. 74 passed at the 2nd NSC meeting on 29th Nov 2015.

4 These words were inserted by amendment No. 75 passed at the 2nd NSC meeting on 29th Nov 2015.

5 This word was substituted for the word “immoral” by amendment No. 76 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • A member will not involve herself in any corrupt
  • A member may not 1[participate in any activity or] be a part of any organization which spreads disharmony on the basis of caste, creed, religion or
  • A member will not engage in exploiting or ill-treating women, nor indulge in

2[drunken behavior or be a drug addict].

  • Members will be free to express their own opinion within and outside Abhiyan fora on policy related questions. Mere expression of difference of opinion will not be considered to be a violation of the Code of Conduct unless it runs contrary to the ideals and objectives of the However, it shall be the member’s responsibility to clarify that they are speaking in personal capacity and not on behalf of the Abhiyan in such circumstances.

3[Provided that misrepresenting ones position or standing within the Abhiyan will constitute grounds for Disciplinary action.]

Provided, 4[further] that when an Organ of the Abhiyan has taken a public position on any question through a statement or resolution, Working Committee Members, Office bearers and Spokespersons of the concerned Organ may not express contrary views in public fora.

  • 5[Persons having a personal interest in an issue shall abstain from participating in discussion, decision making or voting concerning that ]
  • Without prejudice to the generality of the above, office bearers and spokespersons, must also make an annual declaration of his/her income and assets and that of 6[their] family honestly and correctly to the Unit/Steering/Working Committee as per the pro- forma of the Election

 

 

  1. AUTHORITIES FOR DISCIPLINARY ACTION

 

  • The following will deal with complaints of violation of Code of Conduct against Office Bearers at various Levels:

 

  • National Level :Lokpal
  • State Level: State Lokayukta

 

 

 

 

1 These words were inserted by amendment No. 77 passed at the 2nd NSC meeting on 29th Nov 2015.

2 These words were substituted for the words “drug addiction or drunken behavior” by amendment No. 78 passed at the 2nd NSC meeting on 29th Nov 2015.

3 This proviso was added as the first proviso to sub-clause (viii) by amendment No. 79 passed at the 2nd NSC meeting on 29th Nov 2015.

4 This word was added by amendment No. 79 passed at the 2nd NSC meeting on 29th Nov 2015.

5 This sub-clause (xi) was inserted by amendment No. 80 passed at the 2nd NSC meeting on 29th Nov 2015.

6 This word was substituted for the words “his/her” by amendment No. 81 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • To address internal disputes, indiscipline, grievances etc., Grievance Committees will be set up at each Level from within the members by the Working Committees at each Level.
  • The National Working Committee will frame regulations for the constitution of Disciplinary Committees and the procedures to be followed by
  • 1[Lokpal and State Lokayukta members will have special invitee status at all Steering

and Working Committee meetings at the National and State level respectively and must be provided with due Notice of the same.]

 

 

  1. PENALTIES

 

Disciplinary action may result in penalties ranging from warning, censure, loss of voting rights for a specified period, and termination of membership from the Abhiyan.

2[Provided that no Disciplinary penalty may be imposed against any member, unless based on a reasoned order passed after giving him fair opportunity to answer the charges against him, including an opportunity for personal hearing.]

 

 

  1. COMPOSITION, APPOINTMENT/REAPPOINTMENT AND TERM OF OFFICE OF LOKPAL/ STATE LOKAYUKTA:

 

  • The Lokapal/State Lokayukta will be a body comprising of three persons, at least one of whom will be an eminent jurist/eminent person from the legal field. Other members will be eminent persons from different walks of
  • The First Lokpal & State Lokayuktas will be appointed by respectively the National and State Working Committees as the case may
  • The term of office of each Lokpal/State Lokayukta member will be three years. However, in so far as the first body constituted by the National/State Working Committee is concerned, members will retire by rotation on an yearly basis starting from the end of the first year. The senior most in age will be the first to

3[Provided that an year will be taken to end on 31st of December for the purposes of  this

clause.]

  • Every Lokpal/Lokayukta will be eligible for reappointment for a maximum of two
  • Vacancy caused by retirement/resignation/death of a Lokpal/State Lokayukta will be filled by nomination by the remaining and outgoing members of the

 

1 Sub-clause B(d) of Article VI was added by amendment No. 82 passed at the 2nd NSC meeting on 29th Nov 2015.

2 This proviso was substituted for the sentence, “No disciplinary action may be taken against a member

without giving an opportunity to that member to explain and answer the charges against him/her or without passing a reasoned order.” by amendment No. 83 passed at the 2nd NSC meeting on 29th  Nov 2015.

3 This proviso was added by amendment No. 84 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • Lokpal will devise their own procedure and 1[shall] lay down the procedure to be followed by State
  • Lokpal and State Lokayuktas may act on any complaint forwarded to them by a member of the
  • Lokpal and State Lokayuktas may also initiate suo-moto proceedings against any office bearer of the Abhiyan falling within their

 

 

ARTICLE VII: CONDUCT        OF          BUSINESS,         ACCOUNTABLITY         & TRANSPARENCY

 

  1. MEETING:

 

  • Every meeting of the Abhiyan will be chaired by a member of that body who is not an office bearer, as elected by members present in that This meeting chairperson will ordinarily abstain from voting in the meeting, but may exercise a casting vote in case a decision is deadlocked.
  • 2[The time period between consecutive ordinary meetings of an Abhiyan Block Unit

shall not exceed one calendar month.

  • The time period between consecutive ordinary meetings of State and National Steering Committees shall not exceed six calendar
  • The time period between consecutive ordinary meetings of Working Committees shall not exceed the following:

District Level & below: one month

State Level and levels intermediate between District and State level: three months National Level: three months]

  • If required, a meeting of a Block Unit or any Steering or Working Committee may be requisitioned by 1/3rd of the members of the concerned Unit, Steering, or Working Committee
  • 1[Every meeting of an Abhiyan body shall commence with the [General Secretary],
  • [President] or other office bearer providing evidence that Notice of the meeting was sent to each member of that body or Committee.

 

 

1 This word was substituted for the word “may” by amendment No. 85 passed at the 2nd NSC meeting on 29th Nov 2015.

2 Sub-clauses A(b) to A(d) of Article VII were substituted by amendment No. 86 passed at the 2nd NSC meeting on 29th Nov 2015, prior to which they read, – “

  • Members of a Block Unit will meet at least once a month
  • Steering Committees will meet at least at the following intervals: State Level: once in four month

National Level: once in six months

  • Working Committees at various Levels will hold ordinary meetings at least, District Level: once a month

State Level: once every three months National Level: once every three months”

 

  • If 10% or more members of any Unit or Committee wish for discussion or a vote on any Resolution during a meeting, the same shall be accommodated during the meeting by the meeting

Provided, that a 2/3rd majority of members present and voting will be sufficient to shelve any motion or to force an immediate vote on the same.

  • Complaints of irregularities in the conduct of meetings shall be adjudicated by the Disciplinary Committee, State Lokayukta or Lokpal empowered to decide complaints against members of that ]

 

 

  1. QUORUM

 

  • Quorum for all meetings will be one-third of the strength of the concerned body for Steering Committees and one-half of the strength for Working
  • There will be no requirement for a Quorum in case of Emergency or Extraordinary meetings of any Working Committee or Block Unit. However resolutions passed in such meetings will be automatically invalidated unless ratified in the next ordinary meeting of the concerned

 

 

  1. NOTICE

 

  • The notice period for Ordinary meetings of the various bodies will be as under:

 

Body Days
Block Unit 2
District Working Committee 2
State Steering Committee 21
State Working Committee 4
National Steering Committee 21
National Working Committee 7
  • Emergency meetings of the District/State/National Working Committee may be convened by the concerned [President] by giving such notice as deemed fit and giving reasons. The above time periods will not be applicable for such meetings.
  • Members may attend meetings of the District/State/National Working Committee either in person or via video/teleconference.

 

 

 

 

 

 

 

 

1 Sub-clauses A(f) to A(h) were added by amendment No. 87 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  1. DECISION MAKING

 

All decisions at all Levels in any meeting will be taken by consensus, failing which by a majority vote.

Provided, that any decision to amend this constitution shall be as specified in Article IX of this constitution.

Provided, that voting in any meeting will be by secret ballot if any member so desires.

Provided further that if a desire for referendum on an issue is expressed by the concerned 1[Steering or] Working Committee, or through an initiative by not less than 15% of the total members in a District, or 2[smaller delineated region with a separate unit or] 10% of the total members in a State or in the Nation, the issue will be decided by referendum in that area, whose outcome will be final. A clear majority of all members who vote in the Referendum, including those who express a neutral opinion (NOTA) will be required for the initiative to prevail.

Provided, further that the wording of any such proposed initiative will have to be approved by the concerned Working Committee prior to circulation for signatures among members.

3[Provided, further that a proponent of the referendum dissatisfied with the decision of the Working Committed in this regard may appeal the same to the Disciplinary Committee, State Lokayukta or Lokpal empowered to decide complaints against members of that Working Committee.]

 

 

  1. MINUTES AND RECORDING OF MEETINGS

 

  • 4[Attendance and minutes of all meetings of all Units, Steering and Working Committees of the Abhiyan shall be maintained by concerned [General Secretary] or
  • [President].]
  • Video of every meeting of the National Steering Committee will be recorded and maintained in such form as may be prescribed
  • All meetings of the Abhiyan shall be conducted in accordance with Meeting Rules as prescribed by the National Working Committee
  • 5[If any member wishes, they may have their dissent recorded on any decision of a

Committee.]

 

 

 

 

1 These words were inserted by amendment No. 88 passed at the 2nd NSC meeting on 29th Nov 2015. 2 These words were inserted by amendment No. 88 passed at the 2nd NSC meeting on 29th Nov 2015. 3 This proviso was inserted by amendment No. 89 passed at the 2nd NSC meeting on 29th Nov 2015.

4 Sub-clause E(a) was substituted for the original which read, “There will be maintained minutes of all meetings of all Units/Steering/Working Committees” by amendment No. 90 passed at the 2nd NSC meeting on 29th Nov

2015.

5 Sub-clause E(d) was inserted by amendment No. 91 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  1. ACCOUNTABILITY OF OFFICE BEARERS AND COMMITTEES

 

  • The Abhiyan will put in place an effective mechanism for rendering the office bearers and committees of the Abhiyan at all levels accountable to the
  • The Abhiyan will put in place a system for procuring and acting upon regular feedbacks of members and volunteers about functioning of office bearers and committees at all levels and the feedback received will be discussed with the relevant

 

 

  1. RECALL OF OFFICE BEARERS AND REMOVAL OF COMMITTEE MEMBERS

 

  • There will be a referendum on the issue of recall of 1[a Working Committee member or Office Bearer if not less than ten percent of] Abhiyan members of that area so desire and the outcome of the referendum will be
  • A member of a Steering or Working Committee will stand removed as such member if not less than fifty percent of Abhiyan members participating in the referendum vote for his/her

 

 

  1. PRO-ACTIVE PUBLIC DISCLOSURES AT ALL LEVELS

 

The Abhiyan will put in place measures to ensure pro-active transparency and will put the following in public domain:

  • Details of all office bearers at all
  • Details of members of units/Steering/Working
  • Details regarding policies made and decisions undertaken including outcomes of referendums at all
  • Matters relating to finance, funding, 2[Voluntary Contributions], expenditure,
  • Feedback of volunteers and members, outcome of audit, disciplinary proceedings,
  • Any other matter, prescribed from time to time, disclosure of which is necessary to ensure pro-active

 

 

  1. RIGHT TO INFORMATION
    • There shall be Right to Information (RTI) in the Abhiyan, available to Abhiyan Members as well as the general public.

 

 

 

 

1 These words were substituted for the words, “an office bearer if not less than twenty percent of” by amendment No. 92 passed at the 2nd NSC meeting on 29th Nov 2015.

2 These words were substituted for the word “donations” by amendment No. 93 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  • Each 1[State and National] Working Committee of the Abhiyan shall appoint one or more Public Information Officers (PIO) from the members of the Abhiyan in its area tasked with implementing this Right to
  • Procedures for the implementation of this RTI within the Abhiyan will be as prescribed by the National Working Committee through

 

 

ARTICLE VIII: FUNDS, ACCOUNTS AND AUDIT

 

  1. COLLECTION OF FUNDS

 

  • Funds will be collected by means of membership fee, 2[voluntary contributions], sale of materials related to the Abhiyan, cultural programs3[, and other means,]
  • Only such persons, at the district, state and national level, as are authorized by the respective 4[Treasurer], will receive funds.

5[Provided that the concerned Working Committee may if they find fit, empower the Treasurer to sub-delegate this power to authorize individuals to receive funds to other Abhiyan members, under such conditions as the Working Committee may specify.]

 

 

  1. BANK ACCOUNT

 

  • The Abhiyan will open such number of bank accounts and at such places as considered necessary.
  • There will be three authorized signatories for each Bank account namely the Treasurer and two persons, authorized by the respective National, State, or District Working Committee 6[and approved by National Treasurer]. The account may be operated by any two of the three authorized signatories, provided the Treasurer is always one of National and State Treasurers will additionally exercise supervisory control over State & District level bank accounts respectively, through such procedures as may be prescribed.
  • All receipts will first be deposited in the bank accounts of the Abhiyan before being drawn for the purpose of meeting

 

 

 

 

1 These words were inserted by amendment No 94 passed at the 2nd NSC meeting on 29th  Nov 2015.

2 These words were substituted for the word “voluntary donations” by amendment No. 93 passed at the 2nd NSC meeting on 29th Nov 2015.

3 These words and punctuations were inserted by amendment No. 95 passed at the 2nd NSC meeting on 29th Nov 2015.

4 This word was substituted for the words “Working Committee” by amendment No. 96 passed at the 2nd NSC meeting on 29th Nov 2015.

5 This proviso was inserted by amendment No. 96 passed at the 2nd NSC meeting on 29th Nov 2015.

6 These words were added by amendment No. 97 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  1. UTILISATION OF FUNDS

 

  • The funds received by the Abhiyan will be utilized for meeting the objectives of the Abhiyan.
  • The funds will be utilized by the concerned Working Committee. The National Working Committee may frame regulations governing the utilization of
  • The Accounts will be maintained on accrual
  • The Details of all 1[Voluntary Contributions] and Expenses will be made transparent and will be uploaded and duly updated on the website(s) of the Abhiyan at such frequency as may be
  • 2[Any mishandling of finances, laxity in prompt financial reporting of transactions,

mishandling or loss of receipt books, vouchers and other financial records of the Abhiyan, or failure to deposit funds collected on behalf of the Abhiyan into bank accounts in a prompt and timely manner shall be grounds for Disciplinary Action against the concerned member.]

 

 

  1. AUDIT AND FINANCIAL REVIEW
    • 3[The Abhiyan will put in place mechanisms for the conduct of annual audit and financial review of the ]
    • 4[Every Working Committee and Block Unit of the Abhiyan will appoint an Audit

Committee consisting of two or more of its members who are not office bearers. This Audit Committee will be responsible for getting the Abhiyan unit or Working Committee’s annual Balance Sheet and Income and Expenditure statements audited by an external Auditor.]

 

 

ARTICLE IX: AMENDMENT OF CONSTITUTION

 

This Constitution can be amended by the National Steering Committee provided that the amendment has the approval of 2/3rd of its members present and voting after due notice to all the members. For this purpose, if a resolution for amendment bearing the signatures of at least 5[20%] members of the National Steering Committee is received, a meeting of the National Steering Committee will be convened within 30 days thereafter to decide the same.

 

 

1 These words were substituted for the word “donations” by amendment No. 93 passed at the 2nd NSC meeting on 29th Nov 2015.

2 Sub-clause C(e) of Article VIII was added by amendment No. 98 passed at the 2nd NSC meeting on 29th Nov

2015.

3 This text, which originally comprising section D of Article VIII was renumbered as sub-section (a) thereof by amendment No. 99 passed at the 2nd NSC meeting on 29th Nov 2015.

4 Sub-clause D(b) was inserted by amendment No. 99 passed at the 2nd NSC meeting on 29th Nov 2015.

5 This figure and symbol was substituted for the figure and symbol “10%” by amendment No. 100 passed at the 2nd NSC meeting on 29th Nov 2015.

 

Provided that the approval of a simple majority of members present and voting after due notice to all the members will suffice for amending this Constitution at the second general meeting of the National Steering Committee.

Provided, further that this Constitution may be amended through a referendum of  all members of the Abhiyan in the Country as per clause D of Article VII of this Constitution.

Provided, further that any decision to contest elections under the banner of the Abhiyan or to form a Political Party will require an amendment to this Constitution specifically enabling the same.

 

 

ARTICLE X: INTERPRETATION OF THE CONSTITUTION

 

The decision of the National Working Committee will be final on any question of interpretation of this Constitution or the rules and regulations framed there under, unless subsequently overturned by the 1[Lokpal in appeal].

 

 

ARTICLE XI: MISCELLENEOUS PROVISIONS

 

  1. This Constitution of Swaraj Abhiyan in its present form as adopted by the National Steering Committee on 20th May, 2015 shall to be deemed to have come into force with effect from the 14th day of April, 2015 and shall always be deemed to have come into force with effect from that
  • The head office of Swaraj Abhiyan shall be at A-189, Sector 43, Noida, Uttar Pradesh, India. It shall be open to the National Working Committee to authorize shifting the head office to such other place or places as it may deem fit. Further, the National Working Committee shall also be authorized to open any branch or branches and shift the same at such place or places as may be deemed fit by
  • Any one or more of the National [President], National Treasurer and National §[General Secretary] as may be required shall be competent to certify the correctness of this constitution and shall also be competent to sign any Statutory form(s) and application(s) for applying for Permanent Account Number under the Income Tax Act (1961) in the name of Swaraj Abhiyan, or any other statutory compliance on behalf of the Abhiyan. A record of each such form, application, and certification shall be maintained.

2[C1. Unless so apparent from the context in which it is used, ‘prescribed’ means prescribed  by

the National Working Committee through rules.

 

 

 

 

1 These words were substituted for the words “National Steering Committee” by amendment No. 101 passed at the 2nd NSC meeting on 29th Nov 2015.

2 Clauses C1 and C2 of Article XI were added by amendment No. 102 passed at the 2nd NSC meeting on 29th Nov 2015.

 

Provided that the National Working Committee may delegate this power to State Working Committees in specific cases, either on its own initiative or on application from the concerned State Working Committee.

C2. Unless so apparent from the context where it is used, any reference to a State or States in this Constitution shall be taken to include Union Territories in the Union of India.]

1[C3. The method for election of various committees and office bearers of the Abhiyan will  be

as prescribed by the NWC in keeping with the principles of proportional representation and social diversity in Abhiyan organs as far as possible.]

 

 

 

 

 

 

 

 

 

 

 

 

1 Clause C3 of Article XI was added by amendment No. 103 passed at the 2nd NSC meeting on 29th Nov 2015.

 

  1. The following are the desirous persons:

 

 

S. NO. NAME & ADDRESS OCCUPATION DESIGNATION SIGNATURE
1 Prof. Anand Kumar, s/o Jainath Sharma, r/o #209 Ayachi Apts, Sector 45, Gurgaon 122002 Sociologist National

§[President]

Sd/-
2 Prof Ajit Jha, s/o Late  Shri Yogendra Jha, r/o 27/802 East End Apartments, Delhi 110096 Teacher National §[General Secretary] Sd/-
3 P S Sharda, s/o shri A L Sharda, r/o 78, Pushpanjali, I. P. Extn. II, Delhi 110092 Advocate National Treasurer Sd/-
4 Prashant Bhushan, s/o Shanti Bhushan, r/o B-16, Sector  14, Noida, UP 201301 Advocate Member, National Working Committee Sd/-
5 Yogendra Yadav, s/o Devindra Singh Yadav, XB-4 Sahvikas Society, Delhi – 110092 Social Scientist Member, National Working Committee Sd/-
6 Ahmed Faheem Khan, s/o M. A. Khan, r/o 133 Akashdarshan Apartments, Mayur Vihar – I, Delhi 110091 Business Member, National Working Committee Sd/-
7 Anupam Singh, s/o Shri K. P. Singh, r/o Qtrs. No. 4/AB, Railway Colony, Chandrapura, Distt. Bokaro 828403 Social Activist Member, National Working Committee Sd/-

 

CERTIFICATE OF CORRECTNESS:

We the undersigned office bearers certify this to be the correct version of the Constitution of Swaraj Abhiyan.

 

Sd/-                                               Sd/-                                              Sd/-

 

Prof. Anand Kumar                          P S Sharda                                      Ajit Jha

 

(National §[President])                 (National Treasurer)              (National §[General Secretary])

 

 

  • The word “President” was substituted for the word “Convener” and the words “General Secretary” were substituted for the words “Joint Convener”, “Jt Convener”, and “Secretary”, wherever they occurred in this Constitution by amendment No. 104 passed at the 2nd NSC meeting on 29th Nov 2015.