The striking down of 97th Constitutional Amendment act of 2013 could imply that the control over the domain of cooperatives rests with state governments. Discuss (200 Words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· Union of India vs Rajendra N. Shah, a judgment delivered by the Supreme Court of India, 97th Constitutional Amendment was struck down, in a limited manner.
· The amendment added “cooperative societies” to the protected forms of association under Article 19(1)(c), elevating it to a fundamental right.
· It also inserted Part IXB in the Constitution which laid down the terms by which cooperative societies would be governed.
· The idea that the cooperative sector goes back all the way to the Government of India Act, 1919 which placed cooperatives in the provincial list.
· Cooperative banks have been brought under the purview of the Reserve Bank of India.
· The political intent of the Union Government for more active involvement in the cooperative sector, recently established Union Ministry for Cooperation.
· The Gujarat High Court struck down the amendment in 2013 on the grounds that it had failed to comply with the requirements under Article 368(2) by virtue of not having been ratified by the States
· The court noted that the procedure had not been followed in this case but clarified that the judgment is confined to the procedural lacuna.
· The cooperative sector has always been in the domain of the States or provinces.
· It is best that the Government stays away from further meddling in the cooperative sector, notwithstanding the creation of the new Ministry.
Abdul hakkim 3 years
Please review mam /si
Thanks
IAS Parliament 3 years
Good attempt. Keep Writing.
