Fundamental Right To Form Cooperative Societies’, ‘Article 43B’: Remnants Of 97th Constitutional Amendment After SC Judgment

Fundamental Right To Form Cooperative Societies', 'Article 43B': Remnants Of 97th Constitutional Amendment After SC Judgment

The Apex court had struck down many provisions that were introduced by the 97th Constitutional Amendment on the ground that the requisite ratification was not obtained from the states as per Article 368(2) of the Constitution of India.

The majority that is 2:1 held that Part IXB is in operation in so far as the multi-state co-operative states are concerned.

There were a couple of more important provisions that were inserted by the 97th Amendment which were not touched by the judges in their judgement and thus they remain as part of the Constitution.

Section 2 of the Amendment Act had inserted the word cooperative societies to Article 19(1)(c) which now goes as everyone shall have the right to form association or unions or cooperative societies.

The amendment had also introduced Article 43B.

The provisions inserted under the 97th Amendment related to Article 19 and 43B have not been touched or are not affected and the reason for that is it was only Part IXB that was challenged of 97th Amendment.

Nirali Jain
"The man who asks a question is a fool for a minute, the man who does not ask is a fool for life." I am Ms. Nirali jain, final year student B.Com LL.B (Taxation law) of University of petroleum and energy studies Dehradun. I consider my self as a good reasearcher and I feel that knowledge is the one thing that never reduces by sharing. It in fact improve you. I hope my work gives insight on emerging issues to the community at large and would encourage them to develop their skills.