New Delhi: The Supreme Court on Tuesday hit the IXB of the 97th Constitutional Amendment, which was brought by an effective cooperative community management center, with the basis of procedural weakness because it was not ratified by countries other than article 368 (2), as the head of the legislature ‘ Cooperative society ‘is in the list II of the 7th schedule.
Three Judges of RF Nariman, KM Joseph and BR Gavai, by the majority, limited their assessment of procedural aspects related to Article 368 (2) which said the amendment must also be ratified by the legislature not less than one half of the state.
Judge Nariman and Gavai only canceled the IXB of the amendment but Joseph’s justice dropped the entire amendment on the basis of basic structural violations.
“HC judgment is enforced except as far as it surprises all parts of the IXB of the Constitution.
This is stated that the IXB of the Constitution is only operative so far concerning the community of multi-state cooperatives in the state and in UTS,” Judge Nariman said.