NDLI: Union of India Vs. Rajendra N. Shah and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution (Ninety Seventh Amendment) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Constitution (Ninety Seventh Amendment) Act, 2011 – Challenge to, on procedural grounds – Vires of the Constitution 97th Amendment Act, which inter alia introduced Part IXB (consisting of Arts.243ZH to 243ZT) under the chapter heading ‘The Co- operative Societies’ – Whether the constitutional amendment inserting Part IXB was ultra vires the Constitution for want of requisite ratification under Art.368(2) proviso – Held: From the restrictions contained in Part IXB, it is clear that the exclusive legislative power contained in Entry 32 List II of the 7 th Schedule has been significantly and substantially impacted in that such exclusive power is now subjected to a large number of curtailments – By curtailing the width of Entry 32, List II of the 7 th Schedule, Part IXB seeks to effect a significant change in Art.246(3) read with Entry 32 List II of the 7 th Schedule inasmuch as the State’s exclusive power to make laws with regard to the subject of co- operative societies is significantly curtailed thereby directly impacting the quasi-federal principle contained therein – Quite clearly, therefore, Part IXB, insofar as it applies to co-operative societies which operate within a State, would therefore require ratification under both sub-clauses (b) and (c) of the proviso to Art.368(2) of the Constitution – Ratification not having been effected, the Amendment is non-est – The Constitution 97 th Amendment Act is void for want of ratification – Constitution of India – Part IXB (Arts.243ZH to 243ZT); Art. 368(2) proviso and Schedule VII, List II, Entry 32 – Co-operative Societies. Constitution of India, 1950 – Part IXB (consisting of Arts.243ZH to 243ZT) inserted by the Constitution 97 th Amendment Act and Art.368(2) proviso – Constitutional amendment inserting Part IXB found to be ultra vires the Constitution for want of requisite ratification under Art.368(2) proviso – Whether, even if Part IXB is constitutionally infirm qua co-operative societies operating within a State, it would yet operate qua multi-State co-operative societies and in Union territories which are not States – Held (per R.F. Nariman, J. [for himself and B.R. Gavai, J.]) (per majority) – The Constitution 97 th Amendment Act is void for want of ratification but it cannot be said that this would render the entire amendment still- born – The Statement of Objects and Reasons for the Constitution 97 th Amendment Act makes it clear that the Scheme qua multi-State cooperative societies is separate from the Scheme dealing with “other cooperative societies”, Parliament being empowered, so far as multi-State cooperative societies are concerned, and the State legislatures having to make appropriate laws laying down certain matters so far as “other cooperative societies” are concerned – Part IXB of the Constitution is operative insofar as it concerns multi- State co-operative societies both within the various States and in the Union territories of India – Held (per K.M. Joseph, J.) (dissenting) – Doctrine of Severability must apply on surer foundations – Provisions relating to Art.243ZI to Art.243ZQ and Art.243ZT, are unconstitutional for non-compliance, with the mandate of the proviso to Art.368(2) of the Constitution – However, it cannot be said that the Doctrine of Severability will apply to sustain Art.243ZR and Art.243ZS to the multistate cooperative societies operating in the Union Territories, and that, it would not apply to cooperative societies confined to the Union Territories – Once the Court has painted the substantial provisions (Art.243ZI to 243ZQ), with the brush of unconstitutionality, rendering those provisions, still born, the provisions contained in Art.243ZR and Art.243ZS cease to be workable and are impossible to sustain – Constitution (Ninety Seventh Amendment) Act, 2011 – Doctrine of Severability – Applicability – Co-operative Societies.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2021 INSC 340
Petitioner	Union Of India
Respondent	Rajendra N. Shah And Another
SCR	[2021] 5 S.C.R. 458
Judgement Date	2021-07-20
Case Number	9108

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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