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Friday, Oct 07, 2022

SC quashes some provisions of 97th Amendment dealing with co-operative societies

The ruling came from a bench of Justices R F Nariman, K M Joseph and B R Gavai which upheld a 2013 Gujarat High Court verdict that struck down parts of the amendment.

"We have struck down part IX B of the Constitution related to cooperative societies but we have saved the amendment," said a bench of three justices.

The Supreme Court on Tuesday struck down certain provisions of the Constitution (97th Amendment) Act, 2011 in so far as it introduced clauses dealing with the working of cooperative societies working within a state, saying the subject matter fell in the state list and “belongs wholly and exclusively to the State legislatures to legislate upon” and any change would require the ratification by at least one-half of the state legislatures as per Article 368(2) of the Constitution.

The ruling came from a bench of Justices R F Nariman, K M Joseph and B R Gavai which upheld a 2013 Gujarat High Court verdict that struck down parts of the amendment.

But while Justices Nariman and Gavai struck down only that part of Part IXB which dealt with cooperative societies confined to states, Justice Joseph in a separate judgment struck down the entire 97th constitutional amendment.

“The judgment of the High Court is upheld except to the extent that it strikes down the entirety of Part IXB of the Constitution of India. As held by us above, it is declared that Part IXB of the Constitution of India is operative only in so far as it concerns multi-State co-operative societies both within the various States and in the Union territories of India”, the SC ruled.

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First published on: 20-07-2021 at 01:54:59 pm
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