Constitutional Amendment · Partly overruled
97th Amendment (2011)
Added cooperative societies to the list of entities protected under the right to form associations and added Part IXB on cooperative societies.
Why it was passed
Cooperatives were created and dissolved by state governments without democratic accountability. The amendment mandated elected boards, audit requirements, and a maximum term for boards.
Key changes
- Amended Article 19(1)(c) to include the right to form cooperatives
- Inserted Article 43B directing the state to promote cooperatives
- Added Part IXB (Articles 243ZH–243ZT) with detailed governance requirements for cooperatives
Controversy and legal challenges
The Supreme Court in Union of India v. Rajendra N. Shah (2021) struck down Part IXB as unconstitutional because it was not ratified by states as required for amendments affecting the State List — the amendment impinged on a subject reserved for states.
Content is editorial draft pending fact-check against official Gazette notifications and Supreme Court judgment texts. Last reviewed: 2026-07-02.
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