ValkyaEditorial

Tagged “entry-32-state-list”

1 article on entry-32-state-list.

Supreme CourtSupreme Court of India

Union of India v. Rajendra N. Shah: the 97th Amendment, Article 368(2), and the limits of Parliament's power over co-operative societies

On 20 July 2021, a three-judge Bench of the Supreme Court held that the Constitution (Ninety-Seventh Amendment) Act, 2011 — which had inserted Part IX-B prescribing detailed governance rules for co-operative societies — was unconstitutional to the extent it applied to societies operating within a single State, because it invaded the States' exclusive Entry 32 domain without the ratification Article 368(2) requires. Applying severability, the Court preserved Part IX-B for multi-State co-operative societies. Justice K.M. Joseph dissented in part, holding the whole of Part IX-B unseverable. A digest of the federalism reasoning, the ratification requirement, and the severability holding.

Valkya Editorial··7 min