Question

Which of the following statements are correct regarding the 97th Constitutional Amendment?

i. It added the right to form cooperative societies as a Fundamental Right under Article 19(c).

ii. It mandates that the board of directors of a cooperative society shall not exceed 21 members.

iii. It requires the approval of the Election Commission of India for conducting elections to cooperative societies. A) B) C) D)

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

Answer 1

Answer:

A. Only i and ii

97th Constitutional Amendment Act, 2011

• Part IX-B: This amendment introduced a new Part IX-B in the Constitution, specifically dealing with Cooperative Societies. This part is titled "The Co-operative Societies".
• Fundamental Right: Statement (i) is correct. The amendment inserted clause (c) in Article 19(1), which guarantees the fundamental right to form cooperative societies as a "right to form associations or unions or co-operative societies".
• Directive Principles: The amendment also added Article 43B to the Directive Principles of State Policy, stating that the State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
• Board of Directors: Statement (ii) is correct. A new article, Article 243ZT, was inserted which states that the state legislature shall make a law requiring the board of a co-operative society to have a maximum of twenty-one members.
• Elections to Cooperative Societies: Statement (iii) is incorrect. The amendment introduced Article 243ZK, which states that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to co-operative societies shall vest in a State Election Commission, to be constituted by the State government in accordance with the provisions of this article. This implies that the State Election Commission, not the Election Commission of India, is responsible for conducting elections to cooperative societies.
• Cooperative Societies Act, 1912: The amendment aimed to strengthen the cooperative sector, which is vital for the Indian economy, particularly in agriculture and rural development. Many provisions were brought in line with the principles of the Cooperative Societies Act, 1912.
• Supreme Court Judgement: It is important to note that in a significant ruling in 2021, the Supreme Court upheld the validity of Part IX-B but struck down certain provisions related to the composition of the board of directors, thereby impacting the exact implementation of statement (ii) in practice across all states. However, for the purpose of the constitutional provision itself, statement (ii) reflects the intent of the amendment regarding the maximum number of directors.