SC Quashes Certain Provisions Of 97th Constitutional Amendment

It held that for cooperative societies which have no ramifications outside the Union Territory itself, Part IXB will have no application

NEW DELHI: In a majority 2:1 verdict, the Supreme Court on Tuesday quashed certain provisions of the UPA era 97th Constitutional amendment related to functioning and effective management of cooperative societies for want of ratification by half of the States.

The top court, however, held that Part IXB of the Constitution, which dealt with functioning and incorporation of multi-state co-operative societies will be operative.

It also held that for cooperative societies which have no ramifications outside the Union territory itself, Part IXB will have no application.

The 97th constitutional amendment, which dealt with issues related to effective management of co-operative societies in the country was passed by Parliament in December 2011 and had come into effect from February 15, 2012.

The change in the Constitution has amended Article 19(1)(c) to give protection to the cooperatives and inserted Article 43 B and Part IX B, relating to them.