SC strikes down part of 97th constitutional amendment on Cooperative Societies
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New Delhi:Dismissing Centre's appeal against the Gujarat high court order, the Supreme Court on Tuesday upheld the 2013 judgment, which struck down certain provisions of the 97th constitutional amendment while holding that Parliament cannot enact laws with regard to cooperative societies as it is a state subject.
A three-judge bench of justices R.F. Nariman, K.M. Joseph and B.R. Gavai delivered the judgment on Centre's argument that the provision did not denude the state governments of its power to enact laws with regard to cooperatives.
During the hearing, the apex court had examined a question whether the provision denuded states of their exclusive power to enact laws to deal with management of cooperative societies.
Justices Nariman and Gavai struck down only Part IXB of the amendment, while Justice Joseph wrote a dissenting judgment striking down the entire constitutional amendment.
"I have struck down Part IXB as far as cooperative societies are concerned. Justice Joseph has given a dissenting judgment where the entire constitution amendment has been struck down" said Justice Nariman.
The 97th constitutional amendment, dealt with issues related to effective management of the cooperative societies, which was passed by Parliament in December 2011 and came into effect from February 15, 2012.
By virtue of the Act, Article 19(1)(c) of the Constitution was amended to give protection to the cooperatives and Article 43B (Promotion of cooperative societies) and Part IXB were inserted.