Question

Consider the following statements regarding the 91st and 97th Constitutional Amendments.

1. The 91st Amendment added Article 361B to the Constitution.

2. The 97th Amendment made the right to form cooperative societies a fundamental right under Article 19(c).

3. The 91st Amendment allows disqualification of members who join a political party merger.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

91st Constitutional Amendment Act, 2003

• Key Provision: This amendment primarily deals with the issue of defection and the size of the Council of Ministers.
• Article 361B: It inserted Article 361B which provides for disqualification of a member of Parliament or a State Legislature who, having been elected as such, voluntarily gives up his membership of the political party by the support of which he was elected or abstains from voting in such House contrary to any direction issued by his political party.
• Council of Ministers: It also imposed a limit on the size of the Council of Ministers at the Centre and in the States. The total number of ministers, including the Prime Minister or the Chief Minister, shall not exceed 15% of the total strength of the Lok Sabha or the Legislative Assembly, respectively.
• Antidefection Law: This amendment aimed to strengthen the provisions of the Tenth Schedule of the Constitution (the anti-defection law).
• Merger Clause Clarification: While the amendment addresses defection, the specific mention of disqualification for joining a political party *merger* requires careful interpretation within the context of the Tenth Schedule. Generally, a merger is recognized if at least two-thirds of the members of the original political party agree to merge with another party.

97th Constitutional Amendment Act, 2011

• Focus: This amendment significantly brought about changes related to cooperative societies.
• Fundamental Right: It made the right to form cooperative societies a fundamental right by adding the words “co-operatives societies” in Article 19(1)(c).
• Directive Principle: It also added a new Part IXB to the Constitution, titled “The Co-operative Societies,” which lays down certain principles for the promotion and functioning of cooperative societies. This Part also includes Article 43B under the Directive Principles of State Policy, which states that the State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
• Significance: This amendment aimed to encourage the growth and autonomy of cooperative societies, recognizing their important role in the Indian economy.

Analysis of Statements

• Statement 1: The 91st Amendment added Article 361B. (Correct) This article deals with disqualification on grounds of defection.
• Statement 2: The 97th Amendment made the right to form cooperative societies a fundamental right under Article 19(1)(c). (Correct) This was achieved by adding the words 'co-operative societies' to the article.
• Statement 3: The 91st Amendment allows disqualification of members who join a political party merger. (Incorrect) The 91st Amendment primarily addresses voluntary giving up of membership or abstaining from voting against party directions. While mergers are a complex aspect of the Tenth Schedule, the amendment itself doesn't directly penalize *joining* a merger if it meets the prescribed criteria (e.g., two-thirds merger rule).