Consider the following statements with regard to 97th Constitutional Amendment Act 1 It insert...........

Indian Polity Fundamental Rights

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Consider the following statements with regard to 97th Constitutional Amendment Act:

1. It inserted right to form cooperative as a Fundamental Right.

2. State Governments’ power to regulate cooperatives became enhanced.

3. It fixed minimum and maximum numbers of directors allowed for a co-operative.

Which of the statements given above is/are correct?

1 only

1 and 2

1 and 3

all are correct

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Explanation:

Various restrictions have been imposed upon the State Legislatures while enacting law relating to Co-operative Societies which was earlier unfettered prior to the incorporation of Part IXB.

Article 243ZJ provides a definite restriction which has been imposed upon the State Legislatures regarding fixation of maximum number of Directors of a Co-operative Society which shall not exceed twenty-one. The Constitution does not provide for minimum number of directors.

As per the amendment the changes done to Constitution are:-

In Part III of the Constitution, after words “or unions” the words “Cooperative Societies” was added.
In Part IV a new Article 43B was inserted, which says: The state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies”.
After Part IXA of the Constitution, a Part IXB was inserted to accommodate state vs centre role