Question

Choose the correct statement(s) regarding the 91st and 97th Constitutional Amendments.

i. The 91st Amendment (2003) amended the 10th Schedule to disqualify members who stay away from a political party merger under the anti-defection law.

ii. The 97th Amendment (2012) added Article 43B to promote voluntary formation, democratic control, and professional management of cooperative societies.

iii. The 91st Amendment received Presidential assent on 12 January 2012. iv. The 97th Amendment inserted the right to form cooperative societies as a fundamental right under Article 19(c).

• A. Only i and ii are correct
• B. Only i, ii, and iv are correct
• C. Only ii and iv are correct
• D. Only i, iii, and iv are correct

Answer 1

Answer:

B. Only i, ii, and iv are correct

• The 91st Constitutional Amendment Act, 2003 primarily aimed at curbing the menace of defection and ensuring stability in government.

• Statement i is correct: This amendment modified the 10th Schedule of the Constitution (anti-defection law) to disqualify a member if they abstain from voting in a whip's direction during a merger of their political party. This was to prevent defections disguised as mergers.

• Statement ii is correct: The 97th Constitutional Amendment Act, 2011 (assented on 18th September 2011, effective from 15th February 2012) significantly strengthened cooperative societies. It inserted Article 43B into the Directive Principles of State Policy, mandating the state to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

• Statement iii is incorrect: The 91st Amendment Act, 2003 received Presidential assent on January 12, 2004, not 2012.

• Statement iv is correct: The 97th Amendment Act, 2011 also introduced a new Part IXB to the Constitution, specifically dealing with cooperative societies. Within this part, it amended Article 19(1)(c) to include the right to form cooperative societies as a fundamental right.

• The 97th Amendment also added the 98th item to the Union List and the 50th item to the State List of the Seventh Schedule, thereby providing a legislative basis for the central government to enact laws concerning cooperative societies.

• Key changes introduced by the 91st Amendment also include:

  • Limiting the size of the Council of Ministers at the Centre and in the States to not exceed 15% of the total members of the House of the People or the Legislative Assembly, respectively.

  • Ensuring that the disqualification on grounds of defection does not apply in cases of a merger, provided that at least two-thirds of the members of the original political party have agreed to the merger.