Published on: July 10, 2021

ARTICLE 19(1)(c)

ARTICLE 19(1)(c)

What : Guarantees freedom to form association or unions or cooperative societies subject to certain restrictions

Info : This article was inserted through 97th constitutional amendment 2011

What is in news : The Supreme Court  upheld a 2013 judgment of the Gujarat High Court which struck down the certain provisions of the Constitution(97th Amendment) Act 2011 to the extent it introduced Part IX B in the Constitution to deal with cooperative societies.

What did high court say :

  • Part IXB introduced several conditions restricting the scope of state legislatures on aspects related to cooperative societies.
  • Parliament cannot enact laws or issue notification with regard to cooperative societies as it is a state subject.

Additional info :

  • Article 43 B says that States shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.
  • The Part IX B of the Constitution inserted by the 97th amendment deals with incorporation, terms of members of the board and its office bearers and effective management of cooperative societies.