Case Note & Summary
The Supreme Court addressed the constitutional validity of the Constitution (Ninety Seventh Amendment) Act, 2011, which introduced Part IXB concerning co-operative societies. The amendment was passed by the Lok Sabha and Rajya Sabha in December 2011, received Presidential assent in January 2012, and came into force in February 2012. The Gujarat High Court had previously declared Part IXB ultra vires for lack of ratification by States under Article 368(2). The court analyzed the historical context of co-operative societies in India, tracing legislative authority from British Acts to the current constitutional framework. The Attorney General argued that the amendment was essential for the democratic functioning of co-operatives and did not infringe upon State legislative powers. The court considered arguments regarding the necessity of ratification and the implications for federalism. Ultimately, the court held that the amendment did not require ratification and upheld its validity, emphasizing its role in promoting the co-operative movement without undermining State authority. The decision reinforced the legislative competence of Parliament in relation to multi-State co-operative societies while maintaining the integrity of State powers.
Headnote
A) Constitutional Law - Amendment Validity - Requirement of Ratification - Constitution (Ninety Seventh Amendment) Act, 2011, Article 368(2) - The court examined whether the amendment necessitated ratification by States, concluding that it did not, as it did not alter the federal structure or legislative powers of States. Held that the amendment aimed to enhance the functioning of co-operative societies without infringing on State powers (Paras 2-8).
Issue of Consideration
Whether Part IXB of the Constitution (Ninety Seventh Amendment) Act, 2011 requires ratification by half of the States under Article 368(2) and its impact on the federal structure.
Final Decision
The Supreme Court upheld the Constitution (Ninety Seventh Amendment) Act, 2011, ruling that it did not require ratification by States under Article 368(2) and did not alter the federal structure, thus affirming its validity.
Law Points
- Constitutional validity
- ratification
- federal structure
- legislative powers
- co-operative societies
