Q. With reference to the Co-operative Societies in India, consider the following statements:
1. The right to form co-operative societies is a fundamental right.
2. The ‘co-operative societies’ come under the exclusive legislative jurisdiction of State legislatures in their own states.
3. Provisions of part IX-B of the Constitution are not applicable to Multi-State CoOperative Societies.
How many statements given above are correct?
Exp) Option b is the correct answer
Statement 1 is correct. The right to form co-operative societies is a fundamental right. The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies through following provisions: 1. It made the right to form co-operative societies a fundamental right 2. It included a new Directive Principle of State Policy on promotion of co-operative societies 3. It added a new Part IX-B in the Constitution which is entitled “The Co-operative Societies”
Statement 2 is correct. The Supreme court recently held that the co-operative societies come under the “exclusive legislative power” of State legislatures. The item “Cooperative Societies” is a State Subject in the 7th Schedule.
Statement 3 is incorrect. The provisions of Part IX-B shall apply to the multi-state co-operative societies subject to the modification that any reference to the “State Legislature”, “State Act” or “State Government” shall be construed as a reference to “Parliament”, “Central Act” or “Central Government” respectively.
