Question

Consider the following statements regarding the 97th Constitutional Amendment:

I. The right to form co-operative societies was made a fundamental right under Article 19(1)(c).

II. Elections to the board must be held before the expiry of the current term.

III. If there is a competitive situation in the board's functioning, it can be suspended for more than six months.

Which of the above statements are correct?

• A. I, II, III
• B. III only
• C. I, II only
• D. II only

Answer 1

Answer:

C. I, II only

97th Constitutional Amendment Act, 2011

The 97th Constitutional Amendment Act of 2011 brought significant changes to the Indian Constitution concerning co-operative societies.

Key Provisions of the Amendment:

• Fundamental Right to Form Co-operatives: Statement I is correct. The amendment inserted a new Part IX B into the Constitution, titled "The Co-operative Societies." It also made the right to form co-operative societies a fundamental right by adding the words "or in the formation of co-operative societies" to Article 19(1)(c).

• Directive Principles: A new Article 43B was added, titled "Promotion of co-operative societies," which directs the State to endeavour to promote the formation, autonomous functioning, democratic control and professional management of co-operative societies.

• Conduct of Elections: Statement II is correct. The amendment mandated that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in a State Election Commission. It also stipulated that elections to the board must be held before the expiry of the current term.

• Board Suspension: Statement III is incorrect. The amendment restricts the suspension of the board of a co-operative society. A board cannot be suspended for more than six months. If an election is not held before the expiry of the six-month period, the society shall be deemed to be under suspension and the management shall be entrusted to an administrator appointed by the State Government.

Background:

This amendment was largely in response to a Supreme Court judgment in the Cellular Operators Association of India vs. Union of India case (2003), which had raised concerns about the operational autonomy and democratic functioning of co-operative societies.

Objective: The primary objective was to encourage the formation and functioning of co-operative societies as vibrant democratic institutions, promoting economic growth and social justice.