Explained The Rule Of The Constitution Of BJP Under Which Nupur Sharma Was Suspended From The Party
BJP ConstitutionDue to the international criticism of two leaders of Bharatiya Janata Party (BJP) – Nupur Sharma and Naveen Kumar Jindal for objectionable remarks against Prophet Mohammad, the party has to take strict action against both. . BJP has suspended its national spokesperson Nupur Sharma from the party. At the same time, Naveen Kumar Jindal, the media chief of BJP’s Delhi unit, has been expelled from the party. Of these, in the case of national spokesperson Nupur Sharma, the BJP used Rule 10(a) of its constitution as a cause for action.
In a letter to Nupur Sharma, the party cited this rule
In a letter to Nupur Sharma, BJP’s Central Disciplinary Committee member secretary Om Pathak said, “You have expressed contrary views of the party’s position on various matters, which is clearly stated in Rule 10(a) of the Constitution of the Bharatiya Janata Party. is infringement. I am directed to inform you that for further investigation, you are hereby suspended from the party and from your responsibilities/assignment with immediate effect.
Religion in BJP’s Constitution
- Article II of the BJP’s constitution sets out the “objectives” of the party, which was formed in 1980 by members of the then Bharatiya Jana Sangh, who broke away from the party after the Janata Party’s unsuccessful experiment.
- The aim of the BJP is to establish a democratic state, which guarantees to all citizens, caste, creed or gender, political, social and economic justice, equality of opportunity and freedom of belief and expression.
- There are 34 articles in the constitution of the party. Along with filling the party membership form, one has to take a pledge that “I subscribe to the concept of secular state and nation based on religion… I undertake to abide by the party’s constitution, rules and discipline” “
- Article XXV-5 states: “The National Executive shall make rules for the constitution of disciplinary committees at various levels to decide matters relating to violation of discipline.” The rules are listed at the end of the constitution along with the details of the action required and the procedure for the action.
- A 10-part process is listed as part of “disciplinary action” in case of breach of discipline. Six types of breach of discipline are listed.
Rule 10(a) of BJP Constitution
- Rule 10 gives extraordinary powers to the party president to discipline the members.
- It said: “The National President may, if he so desires, suspend any member and then initiate disciplinary proceedings against him.” Under the same rule, Sharma has been suspended even before the investigation against him.
- Para (a) under “violation of discipline” states- “Propagating or campaigning against the decision or program of the Party.” Under the rules, “Disciplinary Action Committee of not more than 5 members shall be constituted… Committees shall formulate their own procedures; State Disciplinary Action Committee may take action only against units subordinate to it…;
- “On receipt of a complaint, the National President or the State President … may, within one week of the said order, suspend any person or entity after a show cause notice;
- “A time not exceeding 10 days from the date of receipt of such notice may be given to any person to respond…;
- “The committee will submit its report to the chairman in 15 days…”
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