Question

Which of the following statement(s) about the board of directors of cooperative societies under the 97th Amendment is/are true?

1. The maximum number of board members of a cooperative society is capped at 21 under Article 243ZJ.

2. Co-opted members of the board have the right to vote in elections of the cooperative society.

3. The term of office for elected board members is 5 years from the date of election.

4. The State Legislature reserves one seat for Scheduled Castes or Scheduled Tribes and two seats for women on the board.

• A. 1, 3, and 4 only
• B. 1, 2, and 3 only
• C. 2, 3, and 4 only
• D. All of the above

Answer 1

Answer:

A. 1, 3, and 4 only

The 97th Constitutional Amendment Act, 2011

• The 97th Amendment Act, 2011, brought significant changes to Part IXB of the Constitution of India, focusing on cooperative societies.

• Article 243ZJ specifically deals with the Board of Directors of cooperative societies.

• Maximum Board Members: As per Article 243ZJ(2), the maximum number of directors of a cooperative society shall not exceed twenty-one, except as provided in clause (2) of Article 243ZK. This means while 21 is the general cap, there can be exceptions for specific types of societies as stipulated by law.

• Co-opted Members: Article 243ZJ(1) states that the board shall consist of such number of directors as may be provided for by the state legislature by law, but the majority of directors shall be elected directly by the members of the society. It also clarifies that co-opted members shall not have the right to vote in any election or meeting of the board.

• Term of Office: The term of office of elected members of the board is indeed 5 years from the date of election, as mentioned in Article 243ZI(3).

• Reservations: Article 243ZJ(3) mandates that the state legislature shall provide for the reservation of seats for one or more of the following in the board of every cooperative society, notwithstanding anything in any law for the time being in force:

  • (a) the Scheduled Castes;

  • (b) the Scheduled Tribes; and

  • (c) women.

  It further specifies that the number of seats reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as possible, the same proportion to the total number of seats in the board as the population of the Scheduled Castes in the whole or part of the area falling within the jurisdiction of the society bears to the total population in such area. Similarly, for women, the state legislature is empowered to provide for reservation. The statement mentioning one seat for SC/ST and two for women is a typical provision enacted by state legislatures as per this enabling clause, though the exact numbers can vary by state law based on the constitutional provision.