Question

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

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

2. It limits the number of board members of a cooperative society to a maximum of 21.

3. It mandates that the annual general body meeting of cooperative societies be convened within three months of the financial year’s end.

• A. 1 and 2
• B. 2 and 3
• C. 1 and 3
• D. All are correct

Answer 1

Answer:

A. 1 and 2

97th Constitutional Amendment Act, 2011

• Part IX-B: Cooperatives
  • This amendment introduced a new Part IX-B in the Constitution, specifically dealing with cooperatives.
  • It aims to promote the economic and social development of cooperatives in India.
• Fundamental Right to Form Cooperatives
  • Article 19(1)(c) of the Constitution was amended to include the right to form cooperative societies as a fundamental right. This was a significant step in empowering cooperative movements.
• Directive Principles of State Policy
  • A new Article 43B was inserted, which directs the State to endeavor to promote cooperative autonomy, democratic, professional, and economic management of cooperative societies. This falls under the Directive Principles of State Policy.
• Regulation of Cooperative Societies
  • The amendment also specified certain conditions for the functioning of cooperative societies:
    • The maximum number of directors of a cooperative society is limited to twenty-one (as mentioned in the statement).
    • Cooperative societies are mandated to hold their annual general body meeting within three months of the closure of the financial year (as mentioned in the statement).
    • The term of elected members of the board and other office bearers shall not exceed five years.
    • An election process is to be held before the expiry of the term of the existing board.
    • The law made by the Legislature of a State relating to cooperative societies shall not be deemed to be void on the ground that it may affect any right conferred by Part I (Fundamental Rights), Part III (Directive Principles), or Part IV (Fundamental Duties) of the Constitution.
• Significance for Competitive Exams
  • This amendment is crucial for understanding the constitutional framework of cooperative societies in India.
  • Questions often focus on the specific articles added or amended (e.g., Article 19(1)(c), Article 43B) and the regulations imposed on cooperative societies.
  • Understanding the distinction between Fundamental Rights and Directive Principles related to cooperatives is also important.