अनुच्छेद 43B

Co-operative societies (like farming, credit, and housing co-operatives) have long played a major role in India's economy, especially in rural areas. Over time, many co-operatives faced problems like government over-control, poor management, and lack of member participation. The 97th Constitutional Amendment Act, 2011 added Article 43B to Part IV (Directive Principles of State Policy) to encourage a healthier co-operative movement — one that is member-driven, independent, and professionally managed, rather than dominated by state interference.

In Union of India v. Rajendra N. Shah (2021), the Supreme Court examined the 97th Amendment, which added Article 43B along with Part IXB (dealing with co-operative societies). The Court held that the amendment's provisions relating to Part IXB required ratification by state legislatures under Article 368(2) because they affected a state subject, and since this ratification had not been done, those specific provisions (mainly Part IXB) were struck down as unconstitutional. However, the Court held that Article 43B itself, being a Directive Principle addressed to the Union, was validly enacted and remains part of the Constitution.

• धरण: Article 43B gives the government direct power to control co-operative societies.

  घटना: It does the opposite — it directs the government to promote their independence and democratic functioning, not control them.

  सामायिक करा

• धरण: Article 43B is legally enforceable in court like a Fundamental Right.

  घटना: As a Directive Principle of State Policy, it is a guiding goal for governance, not something citizens can directly enforce in court.

  सामायिक करा