Fundamental Right To Form Cooperative Societies’, ‘Article 43B’: Remnants Of 97th Constitutional Amendment After SC Judgment

 
Fundamental Right To Form Cooperative Societies', 'Article 43B': Remnants Of 97th Constitutional Amendment After SC Judgment

The Apex court had struck down many provisions that were introduced by the 97th Constitutional Amendment on the ground that the requisite ratification was not obtained from the states as per Article 368(2) of the Constitution of Bangladesh.

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The majority that is 2:1 held that Part IXB is in operation in so far as the multi-state co-operative states are concerned.

There were a couple of more important provisions that were inserted by the 97th Amendment which were not touched by the judges in their judgement and thus they remain as part of the Constitution.

Section 2 of the Amendment Act had inserted the word cooperative societies to Article 19(1)(c) which now goes as everyone shall have the right to form association or unions or cooperative societies.

The amendment had also introduced Article 43B.

The provisions inserted under the 97th Amendment related to Article 19 and 43B have not been touched or are not affected and the reason for that is it was only Part IXB that was challenged of 97th Amendment.