Cooperative laws and declarations are a matter for the state government: the Supreme Court

Central government's appeal against High Court judgment rejected

Gujarat High Court quashes constitutional amendment made by Central Government in 2011: Supreme Court upholds High Court decision

AHMEDABAD: The Central Government amended the 97th Constitution in 2011 to give certain powers to the Central Government in the Cooperative Laws. The Gujarat High Court had quashed these amendments in 2013 and now the Supreme Court has also upheld the High Court's decision today and ruled that co-operative laws and declarations are a special matter for the state government.

The Supreme Court has rejected the Centre's appeal against the Gujarat High Court's verdict. In 2013, the Gujarat High Court ruled that the co-operative sector was a special subject of the state government. The Central Government cannot impose any control on the state in the operation of marriage. The central government had appealed to the Supreme Court against the verdict.

The apex court today rejected the Centre's appeal, saying that the 97th constitutional amendment required the support of 50 per cent state legislatures, but no such support was sought. Therefore, the new provisions made in this amendment regarding the co-operative sector are repealed.

However, a three-judge bench of the Supreme Court had different views on the issue. In which Justice R.F. Nariman and Justice B.R. Joseph upheld Part 9-B of the amendment because the provision applies to multi-state co-operative societies. When Justice K.M. Joseph was in favor of repealing this entire constitutional amendment. So the bench has repealed all the amendments relating to the co-operative sector except Part 9-B.