News18 Explains | BJP Constitution and How Party Suspended Nupur Sharma by Citing Rule 10(a)
News18 Explains | BJP Constitution and How Party Suspended Nupur Sharma by Citing Rule 10(a)
BJP spokesperson Nupur Sharma, who made alleged remarks against Prophet Muhammad on TV, has been suspended under Rule10(a), which states, “The national President, if so desires, may suspend any member and then start disciplinary proceedings against him”

The BJP has taken action against its spokesperson Nupur Sharma and Delhi unit’s media head Naveen Kumar Jindal for making alleged remarks about Prophet Muhammad during a TV news debate that has riled the Gulf countries. The party invoked Rule 10(a) of its constitution against Sharma for her alleged comments, which have caused a stir.

The BJP, after suspending Sharma and expelling Jindal, issued a statement, which said the party “respects all religions and does not support remarks against any religion or religious leader”. The BJP order said, “You have expressed views contrary to the party’s position on various matters, which is in clear violation of Rule 10(a) of Constitution of BJP.”

According to the Article XXV, a State Disciplinary Action Committee can take action only against units subordinate to it and individuals other than Members of the National Council and Members of Parliament.

The party enlists six parts of breach of discipline, including “acting or carrying on propaganda against any programme or decision of the party” and “violating any rule or disobeying any order…”

BJP general secretary Arun Singh had issued a statement saying the party “does not promote such people or philosophy”, which demeans any sect or religion.

“India’s Constitution gives right to every citizen to practice any religion of his or her choice and to honour and respect every religion,” he said in the statement issued by the party.

What Does Rule 10(a) Say?

Sharma has been suspended under Rule10(a), which states, “The national President, if so desires, may suspend any member and then start disciplinary proceedings against him”.

Under ‘Disciplinary Action’, the party states that “on receipt of the complaint for breach of discipline, the National President or the State President, if he so desires may suspend an individual or a unit followed by a show-cause notice within a week of the said order”.

“Disciplinary Action Committee will send its report to the President in not more than 15 days…,” it states.

Article 2: The Objective

The BJP states that it aims to establish a “democratic state, which guarantees to all citizens irrespective of all caste, creed or sex, political, social and economic justice, equality of opportunity and liberty of faith and expression”.

An FIR was registered against Nupur Sharma by the Bhiwandi Police in Maharashtra for hurting religious sentiments by making alleged comments on Prophet Muhammad during a television news debate. The police invoked sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence), 153B (imputations, assertions prejudicial to national integration), 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the IPC against her.

This is the second FIR against Sharma after Mumbra (suburb in Thane) filed one two days ago.

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