The nature of reforms in the cooperative sector need to go in line with federal principles enshrined in the constitution. Analyse (200 Words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· Beset by political interference, many cooperative societies do not hold elections regularly, while some are superseded frequently.
· The 97th Constitution Amendment, which came into effect in 2012, was a major step towards infusing autonomy, democratic functioning and professional management.
· The question before the Court was whether the 97th Amendment impacted the legislative domain of the State Legislatures and, ratification by half the legislatures, in addition to the required two-thirds majority in Parliament.
· The Gujarat High Court had found the amendment invalid for want of such ratification. The Supreme Court, by a 2:1 majority, upheld the judgment holding the amendment invalid, but only in relation to cooperatives under the States.
· A significant limitation on Parliament’s amending power is the requirement that certain kinds of amendments to the Constitution must be ratified by 50% of the State legislatures.
· In the absence of ratification by the States, the amendment that sought to prescribe the outlines of State laws on a State subject did not pass constitutional muster.
· The judgment may mean that the concern expressed by some about the adverse implications of the formation of a new Ministry of Cooperation on federal principles could be true.
