The Supreme Court on Tuesday struck down certain provisions of the 2011 Constitution (97th Amendment Act) to the extent that it introduced clauses pertaining to the operation of cooperative societies operating within a state, saying the subject fell on the state list and “belongs entirely and solely to the state legislatures to enact laws” and any amendment would require ratification by at least half of the state legislatures under Article 368(2) of the Constitution.
The ruling came from a bench of Judges RF Nariman, KM Joseph and BR Gavai who upheld a 2013 Gujarat High Court ruling that overturned parts of the amendment.
But while Judges Nariman and Gavai overturned only that portion of Part IXB that dealt with state-limited cooperatives, Judge Joseph, in a separate judgment, overturned the entire 97th constitutional amendment.
“The judgment of the Supreme Court is affirmed, except to the extent that it completely deletes part IXB of the Constitution of India. As stated by us above, it is stated that Part IXB of the Constitution of India is in force only to the extent that it relates to multi-state cooperative societies both within the various states and within the territory of the Union of India,” it said. the SC.