Constitutional Amendments Struck Down By SC

Constitutional Amendments Struck Down By SC

The apex court on 20th July 2021, in the case of Union of India v Rajendra N. Shah, struck down many parts of the 97th Constitutional Amendment.

The court unanimously stated that the 97th Constitutional Amendment is in need of ratification by minimum or at least one-half of the state legislatures as per Article 368(2) of the Constitution, as it basically dealt with an entry that was an exclusive state subject.

As these ratifications were not done in the case of the 97th Constitutional Amendment, Part IXB of the Constitution that is inserted by the said amendment got struck down.

The majority of judgement invoked the doctrine of Severability in order to make Part IXB in operation only in so far as it concerns multi-state co-operative societies both within the various states as well as in the Union Territories of India.

The Supreme Court had earlier also struck down the amendments made to the Constitution.