SC has already made many provisions unconstitutional of the 97th Constitutional Amendment, stating that these provisions do not fulfil the criteria mentioned in article 368(2),
The constitutional bench by 2:1 majority held that Part IXB is operative insofar as multi-State co-operative societies are concerned. Though there are many provisions of the 97th Constitutional Amendment which are not being touched by the Court and thus are still enforceable.
Amendment Act inserted the word ‘cooperative societies’ to Article 19(1)(c) through section 2 of the Act.
which reads as
“All citizens shall have the right to form associations or unions or cooperative societies”
This amendment was also introduced in DPSP under Article 43B which reads as,
“States shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.”