97th Constitution amendment
In a major boost for federalism, the Supreme Court has struck down parts of the 97th Constitution amendment which shrank the exclusive authority of States over their cooperative societies.
- The 97th constitutional amendment, which dealt with issues related to the effective management of cooperative societies in the country.
- It was passed by Parliament in December 2011 and had come into effect from February 15, 2012.
- Part IXB, introduced in the Constitution through the 97th Amendment of 2012, dictated the terms for running cooperative societies.
- The provisions in the amendment went to the extent of determining the number of directors a society should have or their length of tenure and even the necessary expertise.
- In a majority judgment, the supreme court has held that cooperative societies come under the “exclusive legislative power” of State legislatures.
- The judgment may be significant in the background of fears voiced by the States whether the new Central Ministry of Cooperation would disempower them.
- The change in the Constitution has amended Article 19(1)(c) to give protection to the cooperatives and inserted Article 43 B and Part IX B, relating to them.
- The Centre has contended that the provision does not denude the States of its power to enact laws with regard to cooperatives.