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Supreme Court on 97th amendment
July 24 , 2021
1148 days
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- The Supreme Court upheld the validity of the 97th constitutional amendment.
- But it struck down a part inserted by the 97th amendment.
- Upholding the Gujarat High Court’s 2013 decision it was striking down certain provisions of the 97th constitutional amendment.
- The Supreme Court held that the Parliament cannot enact laws with regard to cooperative societies as it is a state subject.
- The amendment made a direct in-road into the exclusive domain of states to enact laws with regard to cooperatives.
- The Centre has stated that the amendment was enacted to bring uniformity in the management of cooperative societies and it did not take away the powers of states.
- If the Centre wanted to achieve uniformity, then the only way available was to take the recourse under Article 252 of the Constitution.
- 252 deals with the power of Parliament to legislate for two or more states by consent.
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