Eleanor Finch
The 97th Amendment of the Indian Constitution, passed in 2011, gave constitutional status and protection to cooperative societies. The amendment made three significant changes, including making the right to form cooperative societies a fundamental right (Article 19), adding a new Directive Principle of State Policy on promoting cooperative societies (Article 43B), and introducing a new Part IX-B entitled The Cooperative Societies (Articles 243-ZH to 243-ZT). This amendment aimed to uphold the validity of provisions related to multi-state cooperative societies and enhance their contribution to the Indian economy, particularly in supporting poorer sections of society. However, it's important to note that a portion of the amendment relating to the Constitution and the operation of cooperative societies was struck down by the Supreme Court.
| Characteristics | Values |
|---|---|
| Status | Gave constitutional status and protection to cooperative societies |
| Right to Form Societies | Made it a fundamental right |
| Directive Principle of State Policy | Added a new principle on the promotion of cooperative societies (Article 43B) |
| Part IX-B | Added a new part entitled "The Cooperative Societies" (Article 243-ZH to 243-ZT) |
| Year | 2011 |
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What You'll Learn
- The 97th Amendment gave constitutional status and protection to cooperative societies
- It made the right to form cooperative societies a fundamental right
- The amendment added a new Directive Principle of State Policy on the promotion of cooperative societies
- It gave constitutional recognition to multi-state cooperative societies
- The 97th Amendment was not ratified by the states
The 97th Amendment gave constitutional status and protection to cooperative societies
The 97th Amendment of the Indian Constitution, passed in 2011, gave constitutional status and protection to cooperative societies. This amendment made three significant changes, including making the right to form cooperative societies a fundamental right (Article 19).
Cooperative societies have played a significant role in contributing to the poorer sections of Indian society. They are voluntary associations of individuals with common needs who join together to achieve common economic interests. The aim is to serve the interests of the poorer sections of society through the principle of self-help and mutual aid. The cooperative sector has made important contributions to various sectors of the national economy.
The 97th Amendment added a new Part IX-B to the Constitution, entitled "The Cooperative Societies" (Articles 243-ZH to 243-ZT). This part deals with issues related to the effective management of cooperative societies. It includes provisions for the reservation of seats for citizens of scheduled castes, tribes, and other backward classes in educational institutions. The amendment also introduced a new Directive Principle of State Policy on the promotion of cooperative societies (Article 43B).
The Supreme Court upheld the validity of the 97th Amendment but struck down a part inserted by it that related to the Constitution and the operation of cooperative societies. This was done in a 2:1 majority verdict. The decision affirmed a 2013 Gujarat High Court decision that set down portions of the amendment.
The 97th Amendment Act of 2011 granted cooperative societies constitutional recognition and protection. It is important to note that this amendment requires ratification by at least one-half of the state legislations, as per Article 368(2) of the Constitution.
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It made the right to form cooperative societies a fundamental right
The 97th Amendment of the Indian Constitution, passed in 2011, gave constitutional status and protection to cooperative societies. This amendment made three significant changes, one of which was making the right to form cooperative societies a fundamental right.
Cooperative societies are voluntary associations of individuals with common needs who unite to achieve common economic interests. They aim to serve the interests of poorer sections of society through the principle of self-help and mutual aid. Cooperative societies have played a significant role in contributing to the poorer sections of Indian society and the national economy.
The right to form cooperative societies was added to the Indian Constitution as a fundamental right under Article 19. This amendment ensured that individuals had the freedom to associate and collectively work towards their shared economic goals. It provided a legal framework for cooperative societies to operate within and gave them official recognition.
Prior to the 97th Amendment, the formation and operation of cooperative societies were governed by state laws. The amendment shifted the focus to the Constitution, providing a uniform set of rules and regulations for cooperative societies across India. This move towards uniformity was an attempt to free cooperatives from unnecessary outside interference and ensure their autonomous organisational setup and democratic functioning.
By making the right to form cooperative societies a fundamental right, the 97th Amendment of the Indian Constitution empowered individuals to pursue their economic interests collectively and provided a legal foundation for the important role that cooperative societies play in the country's economy and social fabric.
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The amendment added a new Directive Principle of State Policy on the promotion of cooperative societies
The 97th Amendment of the Indian Constitution, passed in 2011, gave constitutional status and protection to cooperative societies. The amendment made three significant changes, including making the right to form cooperative societies a fundamental right.
Cooperative societies have played a significant role in contributing to the poorer sections of Indian society. They have also made notable contributions to various sectors of the national economy. The amendment added a new Directive Principle of State Policy on the promotion of cooperative societies, which is detailed below.
Article 43B: Promotion of Cooperative Societies
Article 43B of the Indian Constitution, introduced by the 97th Amendment, provides for the promotion of cooperative societies. This article includes a new Directive Principle of State Policy, which states:
> "The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies."
This article reflects the recognition of the importance of cooperative societies in India and the desire to promote their growth and development while ensuring their autonomy and democratic functioning.
Impact of the Amendment
The 97th Amendment has had a significant impact on the cooperative sector in India. By granting constitutional status and protection to cooperative societies, it ensures their rights and freedoms while also providing a framework for their effective management. This amendment upholds the validity of provisions related to multi-state cooperative societies, addressing issues of outside interference and ensuring their independence.
The amendment also added a new Part IX-B to the Constitution, entitled "The Cooperative Societies," which includes articles 243-ZH to 243-ZT. This part provides further details on the structure, functioning, and governance of cooperative societies, including provisions for the election of members and chairpersons, reservation of seats for certain castes and tribes, and grounds for disqualification.
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It gave constitutional recognition to multi-state cooperative societies
The 97th Amendment of the Indian Constitution, passed in 2011, gave constitutional recognition and protection to cooperative societies. It made three significant changes:
Firstly, it made the right to form cooperative societies a fundamental right, as outlined in Article 19 of the Constitution. This addition to the list of fundamental rights is an important development, as fundamental rights are those that are guaranteed by the Indian Constitution and cannot be taken away, except in certain specified scenarios.
Secondly, the amendment included a new Directive Principle of State Policy on the promotion of cooperative societies, as outlined in Article 43B. Directive Principles of State Policy are guidelines that the government, both at the state and national level, must follow in formulating policies and passing laws.
Thirdly, a new Part IX-B, entitled "The Cooperative Societies", was added to the Constitution. This new part includes Articles 243-ZH to 243-ZT, which specifically address multi-state cooperative societies. This addition to the Constitution gave constitutional recognition to multi-state cooperative societies, which are those that operate across multiple states in India and in the Union territories.
The amendment affirmed the validity of provisions related to multi-state cooperative societies and granted them protection and rights. The cooperative sector has played a significant role in contributing to various sectors of the national economy, particularly in serving the interests of the poorer sections of society.
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The 97th Amendment was not ratified by the states
The 97th Amendment of the Indian Constitution, passed in 2011, gave constitutional status and protection to cooperative societies. It made three significant changes:
- Making the right to form cooperative societies a fundamental right (Article 19)
- Including a new Directive Principle of State Policy on the promotion of cooperative societies (Article 43B)
- Adding a new Part IX-B in the constitution, entitled "The Cooperative Societies" (Article 243-ZH to 243-ZT)
However, it is important to note that this amendment was not ratified by the states. According to Article 368(2) of the Constitution, for an amendment to be valid, it must be ratified by at least one-half of the state legislations. The 97th Amendment was enacted by the Parliament without confirmation by state law, as stated in Article 19 (1)(c) of Part III of the Constitution.
The lack of ratification by the states raised questions about the validity of the 97th Amendment. The Supreme Court upheld the validity of the amendment regarding multi-state cooperative societies but struck down a part inserted by it that related to the Constitution and the operation of cooperative societies. The Court affirmed that the states have exclusive rights to legislate on topics reserved exclusively for them, including the incorporation, regulation, and winding up of cooperative societies.
The issue of ratification highlights the complex nature of the amendment process in India, where the Constitution is amended roughly twice a year due to its detailed spelling out of governmental powers. The 97th Amendment demonstrated the delicate balance between the powers of the Parliament and the states in the amendment process and the need for adherence to the prescribed procedures to ensure the validity of constitutional changes.
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