Question

Which of the following statements is/are correct regarding the 97th Constitutional Amendment (2012)?

i. The right to form co-operative societies was made a fundamental right under Article 19(1)(c). ii. The term of office for elected board members of a co-operative society is 7 years. iii. The board of a co-operative society cannot be superseded for more than six months unless there is government financial involvement.

• A. Only i
• B. Only i and iii
• C. Only ii and iii
• D. All of the above (i, ii, and iii)

Answer 1

Answer:

B. Only i and iii

97th Constitutional Amendment Act, 2012: Key Provisions and Significance

• Insertion of Part IX-B: This amendment introduced Part IX-B into the Constitution of India, specifically dealing with 'Co-operative Societies'.
• Fundamental Right to Form Co-operatives: Article 19(1)(c) was amended to include the right to form co-operative societies as a fundamental right. This empowers citizens to associate and form co-operative entities.
• New Article 43B: Directive Principles of State Policy were enhanced with the addition of Article 43B, which directs the State to promote co-operative society autonomy, democratic management, and professional management.
• Regulation of Co-operatives: The amendment also inserted Articles 243ZH to 243ZT, which lay down the framework for the incorporation, regulation, and management of co-operative societies.
• Board of Directors' Tenure: The term of office for elected members of the board of a co-operative society is generally fixed at five years, not seven years as stated in option ii. This ensures regular democratic renewal of the leadership.
• Supersession of Boards: The amendment stipulates that the board of a co-operative society cannot be superseded for more than six months. However, this restriction does not apply if the government has provided financial assistance to the co-operative society, allowing for a longer period of administrator-led management in such cases. This addresses situations where financial health necessitates intervention.
• Competitive Exam Relevance: Understanding constitutional amendments, especially those related to fundamental rights and directive principles, is crucial for competitive exams like UPSC Civil Services, State PSCs, and other government recruitment tests. Amendments often form the basis for direct and indirect questions.