Registration controversy: Kharge’s question, Bhagwat’s answer, what is written in the RSS constitution handed over to the government in 1950?

Karnataka Home Minister Priyank Kharge has raised questions on things like registration and funding of RSS.

Rashtriya Swayamsevak Sangh (RSS) is in the headlines these days. In fact, Karnataka Home Minister Priyank Kharge has raised questions on things like registration and funding of RSS. In response to this, Sangh chief Mohan Bhagwat said that RSS is not a secret organization. In the year 1950, the written constitution of the Union was handed over to the government. Come, on this pretext, let us know what is there in the constitution which was submitted to the government by the Sangh in the year 1950? When were questions raised on the Sangh? What did the court say? How does Sangh Parivar work? What is the structure like from bottom to top? How does the Guru Dakshina program operate?

According to the claim of Sangh chief Mohan Bhagwat, the written constitution of the Sangh is with the government. But the biggest question for the common man is what is there in that Constitution? This document is not in the public domain but some concrete things are revealed in the conversations with Sangh officials, which throw light on a cadre-based organization like the Sangh.

1- Objective and scope of work: The Sangh describes itself as a cultural and social organization. In such documents, the goals are often things like character building, discipline, service and social integration. The language is formal.

2- Membership and Discipline: Who is a volunteer? How does it connect? What kind of conduct is expected? What will be the procedure for breaking discipline? This part helps the organization to do uniform work.

3- Organizational positions and decision-making processes: Written rules explain how leadership is decided at the top. At what level the responsibilities are divided. In which meetings and committees are decisions taken? Who is responsible for the units below?

4- Finance and internal arrangements: On what principle are donations taken? Who does the maintenance? At what level is expenditure permitted? Such rules are necessary to run the organization.

When were questions raised on the Sangh? What was said at the level of court and law?

Bans and court disputes have been much talked about in the history of RSS. Available facts say that sanctions have been imposed on the organization three times so far. Every time they were removed after court intervention or legal processes.

First ban (1948): After Gandhi’s assassination

• Circumstances: After the assassination of Mahatma Gandhi on 30 January 1948, the then Home Minister Sardar Vallabhbhai Patel had banned the Sangh. It was alleged that the ideology of the Sangh created an atmosphere of hatred due to which this incident took place.
• Stand of court and government: The union challenged this ban. The ban was finally lifted on 11 July 1949. The government had then clarified that no direct evidence had been found of a murder conspiracy against the Sangh. However, in return the Sangh had to submit its written constitution to the government, which Sangh chief Mohan Bhagwat has also discussed recently.

Second ban (1975): during emergency

• Circumstances: When the then Prime Minister Indira Gandhi imposed emergency in the country, along with the opposition leaders, the RSS was also banned. It was described as a threat to democracy and an organization that spreads unrest. Thousands of volunteers were put in jail.
• Court’s stand: This ban was lifted when the Janata Party government came to power in 1977. The courts later held in many cases that this action was taken due to political opposition.

Third ban (1992): After demolition of Babri structure

• Circumstances: After the demolition of the disputed structure in Ayodhya on 6 December 1992, P.V. Narasimha Rao government banned the Sangh.
• Court’s decision: This matter is before Justice P.K. Went to external tribunal. In the year 1993, this tribunal canceled the ban saying that the government did not have sufficient evidence and grounds to ban the association. The Court held that an organization cannot be banned merely because some of its members have participated in some incident.

What did the court say about the Sangh?

Various High Courts and the Supreme Court have made important comments amid the allegations leveled against the Sangh from time to time.

1- Government employees joining the union

The question often arose whether government employees could go to the union branch? The High Courts of many states like Madhya Pradesh, Rajasthan and Haryana have considered the Sangh only as a cultural organization in their decisions. Courts have held that participation in union activities cannot be considered political activity for an employee unless the organization has been declared illegal.

2- Registration and Income Tax

Among the recent controversies, a decision of the Patna High Court is mentioned, in which ‘Guru Dakshina’ and the principle of mutuality were discussed. The court had held that if members contribute voluntarily to their own organization and that money is not coming from outside, then it does not fall in the category of income.

3- Freedom of expression

Madras High Court, while giving permission to the Sangh to take out a peaceful march in the year 2023, had said that peaceful protest and assembly is a fundamental right in a democracy. No state can stop it without solid security reasons.

Frequently raised questions on Sangh

1. Registration: Critics ask the question why is the Sangh not a registered body? The Sangh’s argument remains that it is a voluntary cultural organization and registration is not mandatory for every organization under the law of the country.
2. Transparency and Funds: Questions have also been raised on not making public the accounts of Guru Dakshina amount.
3. thinking: The Sangh is accused of being communal over the concept of Hindu Rashtra, which the Sangh defines as cultural nationalism.

How does RSS Parivar work?

The structure of RSS is cadre based. Its smallest unit is the branch and the post of Sarsanghchalak is considered to be at the top.

• branch: This is the basic unit of the union. There are daily or weekly meetings. Games, exercises, intellectual discussions and organizational activities take place. The first contact of volunteers comes from here.
• Board: A division is formed by combining several branches. Coordinates programs at the local level.
• City/Block: Above the divisions is the city or block unit. Conducts activities in the city or large rural area.
• District: Monitoring of organizational work at the district level. Responsibility for training, campaign and extension.
• Department: A department is formed by combining several districts. The work of regional coordination and guidance of workers takes place from here.
• province: Organizational unit equal to a state or a large part of a state. State campaigners and other officials work here.
• Area: A region is formed by combining several provinces. The work of taking national level schemes to the provinces.
• All India Level: The highest organizational level of the Sangh is the All India Representative Assembly and the All India Executive Board.
• Sarkaryavah: This is the main executive post of the union. The responsibility of daily operations of the organization and implementation of policies rests on their shoulders.
• Sarsanghchalak: This is the highest guiding post of the Sangh. The current Sarsanghchalak is Mohan Bhagwat. Provide conceptual direction and long-term guidance.

What is promotional system?

The special identity of the Sangh is its promotional system. Preachers are full-time workers. They are sent to different areas and organizations. Organizations are responsible for extension, training and coordination.

What is Guru Dakshina issue and how is it taken and given?

Guru Dakshina is considered an internal tradition of the Sangh. This is often described as a voluntary contribution. In the tradition of the Sangh, it is said that the saffron flag is considered as the Guru. In this spirit, contribution is made once a year. In practice this donation is just like a contribution. Volunteers give according to their capacity. The collection is done through the local unit. These events take place once a year across the country. Anyone can organize this event with the permission of the association.

Then why does the dispute arise?

The controversy generally revolves around three questions. Where does the money come from? How is it spent? Does it come under tax and legal surveillance?

In this way, it can be said that the question of registration is actually a debate between the legal framework and the expectation of transparency. The Sangh chief has clarified that the Sangh works openly and its written constitution has already been given to the government. On the other hand, those raising questions argue that such a big organization should also adopt the same accountability standards as other institutions. This is the reason why this matter is in the headlines.

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