Home Minister Amit Shah who also holds the dual charge of the newly-created cooperatives ministry categorically stated today that the Centre does not intend to interfere in the working of state cooperatives who will remain the sole authority to frame legislations on them.
Addressing a two-day seminar on the framework of a new cooperative policy, Shah said that the Supreme Court judgement on the 97th Constitution Amendment has clearly laid down the roles of the Centre and state with regards to cooperative institutions and all will adhere to them.
He said the functioning of multi-state cooperative societies will continue to remain with the Centre while state laws will govern the state cooperative institutions.
The Supreme Court of India last year had struck down parts of the 97th amendment to the Constitution that sought to crimp powers of the state governments over their cooperative societies.
The 97th constitutional amendment passed by the Parliament in December 2011 and which had come into effect from February 15, 2012, during the UPA regime.
The amendments apart from making Right to Form cooperatives a fundamental right had also laid several guidelines for the state legislations governing the cooperative societies.
A bunch of petitions were filed in the Gujarat High Court challenging the amendment on the grounds that it violated the basic structure of the constitution.
Shah while delineating the role of the Centre and state vis-à-vis cooperative institutions, said it will be his endeavor and the effort of his ministry to talk to state governments to bring about certain changes in their laws that govern such institutions so that there is some sort of uniformity.
“This will be done in the strict sense of cooperation and not enforced from the top,” the home minister said.
He also a new national policy on cooperatives will be out soon after extensive discussion which should focus on free registration of cooperatives, transparency in administration of cooperatives, free democratic elections in cooperatives under the guidance of Election Commission like independent authority, coordination between different cooperatives working in the same geographies, to look for new business avenues, expand reach of cooperatives and most importantly strive for some sort of uniformity in state coop laws without taking away the right of states to frame such legislations.
The Minister of State for Cooperation B L Verma, Secretary D K Singh, National Cooperatives Development Corporation (NCDC) Managing Director Sandeep Kumar Nayak and other senior officials were present at the event. EoM
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