Question

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

I. Article 243ZQ outlines offences like wilful disobedience of summons under State Acts.

II. Functional directors are counted within the 21-member limit for the board.

III. The right of members to information includes access to books and accounts.

Which of the statements given above is/are correct?

• A. I and III only
• B. II only
• C. I only
• D. I, II, and III

Answer 1

Answer:

A. I and III only

97th Constitutional Amendment Act, 2011

• The 97th Constitutional Amendment Act, 2011 significantly altered the Indian Constitution by introducing Part IX-B, titled 'The Co-operative Societies'. This amendment aimed to promote cooperative societies by ensuring they are autonomous, democratic, and self-governing entities.

• Statement I: Article 243ZQ

  • This article, as inserted by the 97th Amendment, deals with the election of members of a board of directors. It states that the superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of all elections to such boards shall be vested in a State Election Commission.

  • The statement mentions 'wilful disobedience of summons under State Acts'. While the amendment primarily focuses on the structure and functioning of cooperative societies, specific offences and their penalties are usually elaborated in the respective State Cooperative Societies Acts, which are empowered by the constitutional provisions. The spirit of the amendment is to ensure smooth functioning and accountability, which would implicitly cover such offences related to summons.

• Statement II: Functional Directors and Board Limits

  • The 97th Amendment did not explicitly define 'functional directors' or set a 21-member limit for the board in the manner described. The Act focuses on the composition of the board, the appointment of directors, and ensuring representation. The limit for board members and the definition of functional directors are typically governed by the bye-laws of individual cooperative societies and the respective State Cooperative Societies Acts, within the broader framework provided by the Constitution.

  • The amendment mandates that the board shall consist of such number of directors not exceeding twenty-one as may be chosen by the members of the society. However, the inclusion of 'functional directors' within this limit needs to be clarified by the specific legislation or bye-laws.

• Statement III: Right of Members to Information

  • The 97th Amendment strengthened the rights of members in cooperative societies. It grants members the right to access the books, accounts, and other documents of the society. This provision is crucial for transparency and accountability within cooperative bodies.

  • The amendment ensures that members can effectively oversee the management and financial health of the society, thereby fostering good governance.

Key Provisions of the 97th Amendment:

• Part IX-B: Added to the Constitution, dealing with Cooperative Societies.

• Article 19(1)(c): Included the right to form cooperative societies as a fundamental right.

• Article 43B: Introduced as a Directive Principle of State Policy, directing the state to promote the formation, autonomous functioning, democratic control, and professional management of cooperative societies.

The 97th Amendment aimed to bring cooperative societies under a uniform legal framework, ensuring their vibrancy and democratic functioning.