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SC upholds Citizen’s Right to Challenge Constitutional Amendment

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Supreme court Law Insider IN

Supreme court Law Insider IN

Simranjeet Kaur-

The Constitution 97th Amendment Act came into force on 15th February 2012. 

A few months later, Mr Shah, an activist associated with NGO, filed a PIL before Gujarat High Court, seeking the quashing of the Constitution (97th amendment) Act 2011 as ultra vires to the Constitution of India.

On 22nd April 2013, the High Court bench of Chief Justice Bhaskar Bhattacharya and Justice JB Pardiwala allowed his writ petition by declaring that the Act inserting part IXB containing articles 243ZH to 243ZT is ultra vires.

Afterwards, the Union filed appeals before the Supreme Court challenging the High Court’s judgment.

Also Read: Supreme Court rejects to Interfere with order passed by Bombay HC

Later, the Supreme Court upheld the High Court’s judgment, except to the extent that it strikes down the whole of Part IXB of the Constitution of India to deal with co-operative societies.

Three judge bench comprising Justice Nariman, KM Joseph, BR Gavai unanimously held that the 97th amendment required ratification by at least half of the State legislatures as per article 368(2) since it dealt with an entry which was State’s subject.

The Court clarified that the amendment is operative only insofar as it concerns multi-state cooperative societies and in the Union Territories of India.