Q.2) Why was the 97th constitutional amendment struck down partially by the Supreme Court? What are the issues with the Union government playing a greater role in the cooperative sector? (10 Marks)

Written by

Swatantra

“Mentor’s Comments”

https://www.thehindu.com/opinion/lead/a-judgment-that-must-be-taken-in-the-right-spirit/article35595284.ece
In the intro, mention the background of the 97th amendment.
In the body, mention the procedural reason given by the court under Article 368 for striking down the part of the amendment requiring ratification by states. In the next part, mention the issue of the Union government seeking to control the sector and issues with it such as it is in State List and the idea of states controlling the sector goes back to Government of India Act 1919 placing it in the provincial list, organising principles of the mechanism differ from area to area and depends on industry or crop, homogeneity is not suitable for the sector.
Conclude by stating that the government takes this judgement in the right spirit and avoid excessive control over the sector.

Comments

10 responses to “Q.2) Why was the 97th constitutional amendment struck down partially by the Supreme Court? What are the issues with the Union government playing a greater role in the cooperative sector? (10 Marks)”

July 29, 2021

Raghava IAS

Pls find the answer and provide suddestions.

Order I’d:#0000445827

Log in to Reply
1. August 3, 2021
  
  Swatantra
  
  Raghava
  
  Introduction of your answer is fine. Also ground on which it has been struck down has been mentioned nicely. However, the parliament passed it with special majority and not simple majority. Ratification by states was not done.
  
  You need to improve the 2nd part of your answer. Since issues are exclusively asked, mention in a bit detail, you can write pointwise or use a hub-spoke diagram.
  Idea of states controlling the sector goes back to Government of India Act 1919 placing it in the provincial list, organising principles of the mechanism differ from area to area and depends on industry or crop,one size fits all approach can’t be applied- these points need to be mentioned.
  
  In conclusion you can mention the need to uphold federal principles and taking the judgement in right spirit.
  
  Try to give equal space to each part of the question. Keep practicing. 🙂
July 29, 2021

Utkarsha Yadav

Please review Sir
Payment Id pay_HHWzC2O9xhkaqA

Log in to Reply
1. August 4, 2021
  
  Swatantra
  
  Utkarsha
  
  Very good attempt. Most of the points are covered.
  
  In reasons for striking down, after first paragraph mention that only some provisions in which states have a greater stake, need ratification of half of them. This was amongst one of those. However, not all amendments require this ratification. Also you can mention that provisions regarding multi-state cooperative societies haven’t been struck down.
  
  Issues and conclusion are fine. No need for much changes.
  
  Keep practicing. 🙂
July 30, 2021

Sehaj Singh

Pay ID
#0000440503

Log in to Reply
1. August 4, 2021
  
  Swatantra
  
  Sehaj
  
  Introduction is fine, but avoid using the term ‘legislative control’. The total legislative control wasn’t transferred; states were still empowered to make laws but a broad regulatory framework was established- you can mention regulatory framework.
  
  Also, the court did not strike down all provisions fr example Ar 19(1)(c) and 43B have not been struck down, only partial strike down has been done. Frame your 1st point accordingly.
  You can mention about state list in point number 5, that will give more coherence to the answer. Also mention name of the case Rajendra Shah, that might give you some brownie points.
  
  Issues are fine, to add more dimensions you can mention that idea of states controlling the sector goes back to Government of India Act 1919 placing it in the provincial list. You can also mention the issue of the Union government seeking to further increase control in the sector e.g. Ministry of cooperation.
  
  Way forward is good. Keep practicing. 🙂
July 30, 2021

Jaya Ratnasami

Payment:0000382105

Log in to Reply
1. August 5, 2021
  
  Swatantra
  
  Jaya
  
  Decent attempt. In the intro, mention the amendment provisions and striking down in different statements otherwise it gives an impression that Ar 19(1) (c) and 43 B have also been struck down. However, that is not the case. Mention the name of the judgement Rajendra Shah vs UOI. You can also mention that provisions regarding multi-state cooperative societies haven’t been struck down.
  
  Issues are fine. You can also mention the issue of the Union government seeking to further increase control in the sector e.g. Ministry of cooperation.
  
  Conclusion is fine.
  
  Keep practicing. 🙂
August 1, 2021

ankita thakur

Payment id-HJHAZEWKSzM3CX

Log in to Reply
1. August 5, 2021
  
  Swatantra
  
  Ankita
  
  You have just mentioned the constitutional angle and omitted the 2nd part of the question. Mention some issues with increasing union govt. control as seen from recent formation of ministry of cooperation-
  Idea of states controlling the sector goes back to Government of India Act 1919 placing it in the provincial list,
  Organising principles of the mechanism differ from area to area and depends on industry or crop,
  One size fits all is not suitable for the sector.
  
  Coming to the first part, intro is fine. Part ix b is about cooperatives which has been struck down, not about urban local bodies- frame the statement better. Also avoid repeating same thing- state list you have mentioned 3 times, make this part concise.
  
  Also write a conclusion.
  
  Keep practicing. 🙂