The text of the 97th amendment to the Indian constitution, which makes the right to form cooperative societies a fundamental right under Article 19(1)(c) [now, the right to form “associations or unions or cooperative societies” (emphasis supplied)] is now available here. The amendment also inserts a new directive principle into Part IV of the constitution, Article 43B, which reads: “The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies”. The website says that the amendment came into force on January 12, 2012 (the date of assent).
Clause 1(2)of the act states that the act will come into force from the date the government appoints in gazette. Whether Government has appointed such date. Somewhere it is seen that the date of effect is 15-2-2012 and not 12-1-2012 as stated in the website.Which is correct.
Thanks everyone for the information so far. I look forward to a more detailed analysis of this Fundamental right and DPSP introduced. Starting from Why it was introduced, What exactly would this right mean on ground, and what can be the implications of this right along with the duty on the government.
The constitutional amendment brings in a revived hope in the notion of state that infuses territory population governance and sovereignty at the highest levels.
The reason I'm saying this is because the state-intervention and the associated perils – pecuniary or otherwise would have a judicial check in form of the fundamental rights guarantee. A writ should be more accessible and PILs will have to be prioritized. It is engaging to note the development of the other two words in the constitutional text: "trade unions" and "Associations" . SEWA took to their rights collectively and trade unions have influenced many policies such as the one pertaining to the provident fund a year ago. So I'm hoping the co-operative amendment empowers members through their national federations and also keep a check on its functioning. A VIGILANCE commission can be introduced if the response from the cooperative sector is dis-satisfactory.
what is the content of 43b? is it socialistic principle or Gandhian one?
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