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Part IXB of 97th Constitutional Amendment struck down by the Supreme Court

Team SoOLEGAL 20 Jul 2021 4:22pm

Part IXB of 97th Constitutional Amendment struck down by the Supreme Court

The SC struck down Part IXB of the 97th amendment to the Indian Constitution, which deals with the effective management of the cooperative societies of the country. (Union of India v. Rajendra Shah). The three-judged bench of Justices RF Nariman, KM Joseph and BR Gavai delivered the decision on the Central Government’s appeal against the Gujarat High Court’s 2013 decision, which struck down certain provisions of the 97th constitutional amendment while holding that Parliament cannot enact laws on cooperative societies because they are a state subject.

While Justices Nariman and Gavai only struck down Part IXB of the amendment, Justice Joseph had a dissenting opinion in which he struck down the whole amendment. The Parliament enacted the Constitution (Ninety-seventh Amendment) Act in December 2011 and it took effect on February 15, 2012. Article 19(1)(c) of the Constitution was amended to safeguard cooperatives, and Article 43B (Promotion of cooperative societies) and Part IXB was inserted.

Attorney General KK Venugopal, representing the Centre, stated that the 97thamendment does not constitute a direct or serious infringement on the state’s ability to enact cooperative law.The amendment, according to the Centre, was made to provide uniformity to cooperative society administration and does not limit the State's ability to pass laws in this area.

While striking down key parts of the 97thconstitutional amendment, the High Court concluded that cooperative societies are state topic, Parliament cannot pass laws or issue notifications concerning them. The High Court decision came in response to the petition challenging the constitutionality of the 97th amendment on the grounds that the Centre lacks legislative authority to make laws for cooperative societies.



Tagged: Constitutional   Amendment   Part IXB   Indian Constitution   Justice RF Nariman   Justice KM Joseph   Justice BR Gavai   Central Government   Gujarat High Court   Attorney General KK Venugopal   high court  
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