Question

Choose the correct statement(s) regarding the anti-defection law and cooperative societies.

i. The 91st Amendment amended Articles 75 and 164, and added Article 361B to the Constitution.

ii. The 97th Amendment mandates that cooperative societies file returns within six months of the financial year, including an audited statement of accounts. i

ii. The 52nd Amendment (1985) allowed members who did not join a party merger to avoid disqualification under the anti-defection law.

iv. The 97th Amendment allows the supersession of a cooperative society’s board even if there is no government shareholding or financial assistance.

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

Answer 1

Answer:

A. Only i, ii, and iii are correct

The 91st Amendment Act of 2003:

• This amendment significantly impacted the anti-defection law.
• It amended Article 75 and Article 164 of the Indian Constitution.
• A new Article, 361B, was added, which deals with disqualification on the ground of defection.
• Key provisions include limiting the size of the Council of Ministers to 15% of the total membership of the Lok Sabha or the State Legislative Assembly, and requiring that a minister who, for the time being, is a member of a House of Parliament or the State Legislature shall not be a member of any political party unless such a member is exempted from the provisions of the Tenth Schedule.

The 97th Amendment Act of 2011:

• This amendment brought significant changes to the cooperative sector in India.
• It introduced Part IXB into the Constitution, which deals with Cooperative Societies.
• One of the provisions mandates that cooperative societies must file their annual returns and audited statements of accounts within six months of the close of the financial year.
• However, the claim that it allows supersession of a cooperative society’s board even without government shareholding or financial assistance is incorrect. The amendment primarily aims to protect the autonomy and democratic functioning of cooperative societies.

The 52nd Amendment Act of 1985:

• This is the foundational amendment that introduced the Tenth Schedule to the Constitution, commonly known as the anti-defection law.
• It laid down the grounds on which a legislator could be disqualified from being a member of either House of Parliament or the State Legislature.
• The original amendment allowed for disqualification if a member voluntarily gives up their membership of a political party or votes, or abstains from voting, contrary to any direction issued by their political party.
• However, it provided for exceptions, including a provision for a merger of political parties. If two-thirds of the members of the legislature party concerned agreed to merge with another party, then neither the members who joined the merger nor those who did not join it would be disqualified. This is what statement iii refers to.