People's Democracy

Notice Of Proposal For Amending
The Party Constitution Under Article XXV

Article XVIII, Section 3

After “The decision of the central control commission will be final and binding”, add:

“But the central committee can withhold, modify or reverse the decisions of the central control commission in extraordinary cases. Any such decision shall be supported by a majority of not less than two-thirds of the members present and voting.  All such decisions shall be reported to the next all India Party Congress.”

(Decided by the central committee in its meeting on January 8 to 10, 2005)

NOTE ON THE PROPOSED AMENDMENT

The 17th Congress directed the new central committee to examine the whole question of jurisdiction and powers of the central control commission and come forward with any proposals before the next Party Congress.

The proposed amendment, adopted by the central committee in its meeting on January 8-10, 2005, is to clarify the apparent conflict in the provisions in the Constitution regarding the powers of the central committee and central control commission.

Article XV of the Constitution declares that the central committee is the highest authority of the Party between two all India Party Congresses and is responsible for enforcing the Party Constitution. It is also made clear in the Constitution that the central committee shall have the right to take decisions with full authority on any question facing the Party. But, Article XVIII of the Party Constitution states that the decision of the central control commission will be final and binding. 

The absence of any explicit provision stating that the central committee can intervene on the decisions of the central control commission has created confusion. The central control commission’s authority and integrity has to be maintained. At the same time, in case of any extraordinary situation, the central committee should have the power to intervene. 

This amendment is meant to clarify the position that the central committee, as the highest authority of the  Party, responsible for enforcing the Party Constitution and empowered with full authority to take decisions on any question facing the Party, can intervene on the decision of the central control commission in an extraordinary case.

The proposed amendment requires fulfillment of three conditions if the central committee intervenes in any decision of the central control commission.

1. The central committee can intervene only in extraordinary cases.

2. The decision of the central committee should be supported by a majority of not less than two-thirds of the members present and voting.

3. The decisions of the central committee shall be reported to the next all India Party Congress.

 As per Article XXV of the Party Constitution, the notice for proposals for amending the Constitution should be given two months before the Party Congress.