Question

Which among the following statements are not true with regard to the 97th Constitutional Amendment?

1. The 97th Amendment added the right to form cooperative societies as a fundamental right under Article 19(1)(c).

2. The maximum number of board members in a cooperative society, as per Article 243 ZJ, is 25.

3. The 97th Amendment came into force on 12 January 2012.

4. Article 43B promotes voluntary formation, democratic control, and professional management of cooperative societies.

• A. 1 and 3
• B. 2 and 3
• C. 2 only
• D. 3 only

Answer 1

Answer:

B. 2 and 3

97th Constitutional Amendment Act, 2011

• The 97th Amendment Act of 2011 significantly impacted the cooperative sector in India.

• Fundamental Right to Form Cooperatives: It inserted Article 19(1)(c), granting the fundamental right to form cooperative societies. This was a landmark decision to promote cooperative movements.

• Directive Principles for Cooperatives: The amendment also introduced Article 43B, which directs the State to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

• Part IX B - Cooperative Societies: A new part, Part IX B, was added to the Constitution, dealing with 'The Co-operative Societies'. This part outlines the framework for the governance and functioning of cooperative societies.

• Board Member Limit: Article 243ZK (not ZJ as mentioned in one of the options) specifies that the board of a cooperative society shall consist of a number of directors not exceeding twenty-one. Therefore, the statement that the maximum number of board members is 25 is incorrect.

• Date of Enforcement: The 97th Constitutional Amendment Act came into force on 15th February 2012, not 12th January 2012.

• Key takeaway for exams: Remember the specific articles inserted (19(1)(c), 43B) and the new part added (Part IX B). Pay close attention to the exact numbers mentioned in constitutional provisions, as these are common areas for tricky questions. The date of enforcement is also a crucial detail.