Topic: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions, and Basic Structure.
3. The striking down of the 97th Amendment is a cue that the power to regulate cooperatives must stay with States. Do you agree? Comment. (250 words)
Reference The Hindu
Why the question:
In Union of India vs. Rajendra N. Shah, the Supreme Court of India partially struck down the 97th Constitutional Amendment.
Key Demand of the question:
Discuss in what way the striking down of the 97th Amendment is a cue that the power to regulate cooperatives must stay with States.
Directive:
Comment– here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Structure of the answer:
Introduction:
Start with brief background of the 97th Constitutional Amendment.
Body:
The 97th Constitutional Amendment came into effect from February 15 2012. The amendment added “cooperative societies” to the protected forms of association under Article 19(1)(c), elevating it to a fundamental right.
Explain why the Amendment was struck down.
Then discuss the factor of increasing control of the Union government.
Highlight the issues with Central control over cooperative sector.
Conclusion:
Conclude that it is best that the Government takes this judgment in the right spirit and stays away from further meddling in the cooperative sector, notwithstanding the creation of the new Ministry.
