Snehal Upadhyay-
The Supreme Court Bench getting a 2:1 majority gave the verdict by upholding the validity of the 97th constitutional amendment.
The 97th Constitutional Amendment was passed by the Parliament in the year 2011. This amendment deals with the issues about the effective management of cooperative societies but struck down a part inserted by it which relates to the Constitution and working of cooperative societies.
The Constitutional Bench comprising of Justices R.F. Nariman, K.M. Joseph and B.R. Gavai while pronouncing the verdict said that “We have struck down part IX B of the Constitution related to cooperative societies but we have saved the amendment.”
Also Read: Co-operative Societies and Its Analysis
Justice Nariman stated that “Justice Joseph has given a partly dissenting verdict and has struck down the entire 97th constitutional amendment.”
The Centre was challenging the plea against the decision of the High Court of Gujrat, which stated to strike down the 97th constitutional amendment while holding that Parliament cannot enact laws concerning cooperative societies as it is a State subject.
The Central government contended that the provision does not deprive the States of its power of enacting laws concerning cooperative societies.