Supreme Court upholds the validity of the 97th Constitutional Amendment

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

The amendment gave protection to cooperatives under Article 19(1)(c)and inserted Article 43 B and Part IX B to deal with cooperatives.

In 2013, the Gujarat High Court had declared that 97th Constitutional Amendment was unconstitutional and struck down certain provisions. The High Court was of the opinion that the Parliament cannot enact laws with regard to cooperative societies as it is a State subject.

The Centre had challenged the verdict given by the Gujarat High Court.

A Bench of Justice R.F. Nariman, Justice K.M. Joseph and Justice B.R. Gavai heard the plea.

The Supreme Court in a majority verdict of 2:1, upheld the constitutional validity of the 97th amendment, but the Bench struck down provisions of Part IX B.

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