Question

With reference to the 97th Constitutional Amendment Act, consider the following statements:

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

ii. It introduced Part IX-B to the Constitution, dealing with cooperative societies.

iii. The maximum number of board members of a cooperative society is fixed at 15.

iv. The term of office of elected board members of a cooperative society is 5 years.

Which of the statements given above are correct?

• A. i, ii, and iv only
• B. i, iii, and iv only
• C. ii and iii only
• D. i and ii only

Answer 1

Answer:

A. i, ii, and iv only

97th Constitutional Amendment Act, 2011

• This landmark amendment significantly altered the Indian Constitution concerning cooperative societies.
• Statement i: Right to form cooperative societies
  • The amendment inserted the word 'cooperatives' in Article 19(1)(c) of the Constitution, thereby making the right to form cooperative societies a Fundamental Right.
  • This was a crucial step towards promoting the cooperative movement in India.
• Statement ii: Part IX-B of the Constitution
  • A new Part, Part IX-B, titled 'The Co-operative Societies', was added to the Constitution.
  • This part lays down the constitutional framework for the functioning of cooperative societies, including their incorporation, regulation, and winding up.
  • It covers provisions related to the board of directors, their election, and the powers of the state legislature to make laws concerning cooperative societies.
• Statement iii: Maximum number of board members
  • The 97th Amendment Act does not explicitly fix the maximum number of board members of a cooperative society in the Constitution itself.
  • While cooperative laws at the state or central level might prescribe such limits, it is not a universally fixed constitutional mandate by this amendment.
  • Therefore, this statement is incorrect as a direct constitutional provision from the 97th Amendment.
• Statement iv: Term of office of elected board members
  • As per the provisions introduced by the 97th Amendment Act in Part IX-B, the term of office of elected members of the board of a cooperative society is indeed five years.
  • This uniformity ensures stability and regular governance in cooperative bodies.
• Key takeaways for exams
  • The 97th Amendment Act is vital for understanding the constitutional status and regulation of cooperative societies in India.
  • Focus on the specific articles and parts added or amended.
  • Differentiate between constitutional provisions and statutory regulations.