instruction
stringlengths 1
84
| input
stringlengths 1
85
| output
stringlengths 1
83
|
---|---|---|
Continuance of Existing Laws: Any provision of any law relating
|
to co-operative societies in force in a state immediately before the
|
commencement of the Constitution (Ninetyseventh Amendment)
|
Act, 2011, which is inconsistent with the provisions of this part,
|
shall continue to be in force until amended or repealed or until the
|
expiration of one year from such commencement, whichever is
|
REASONS FOR THE 97TH AMENDMENT
|
The reasons for adding the above provisions in the Constitution by
|
the 97th Constitutional Amendment Act of 2011 are as follows:
|
1. The co-operative sector, over the years, has made
|
significant contribution to various sectors of national
|
economy and has achieved voluminous growth. However, it
|
has shown weaknesses in safeguarding the interests of the
|
members and fulfilment of objects for which these
|
institutions were organised. There have been instances
|
where elections have been postponed indefinitely and
|
nominated office bearers or administrators have remained
|
in-charge of these institutions for a long time. This reduces
|
the accountability in the management of co-operative
|
societies to their members. Inadequate professionalism in
|
management in many of the co-operative institutions has led
|
to poor services and low productivity. Co-operatives need to
|
run on well established democratic principles and elections
|
held on time and in a free and fair manner. Therefore, there
|
was a need to initiate fundamental reforms to revitalise these
|
institutions in order to ensure their contribution in the
|
economic development of the country and to serve the
|
interests of members and public at large and also to ensure
|
their autonomy, democratic functioning and professional
|
management.
|
2. The “co-operative societies” is a subject enumerated in
|
Entry 32 of the state list of the Seventh Schedule of the
|
Constitution and the state legislatures have accordingly
|
enacted legislations on co-operative societies. Within the
|
framework of State Acts, growth of co-operatives on large
|
scale was envisaged as part of the efforts for securing social
|
and economic justice and equitable distribution of the fruits
|
of development. It has, however, been experienced that in
|
spite of considerable expansion of co-operatives, their
|
performance in qualitative terms has not been up to the
|
desired level. Considering the need for reforms in the Co-
|
operative Societies Acts of the States, consultations with the
|
State Governments have been held at several occasions
|
and in the conferences of state co-operative ministers. A
|
strong need has been felt for amending the Constitution so
|
as to keep the co-operatives free from unnecessary outside
|
interferences and also to ensure their autonomous
|
organisational set up and their democratic functioning.
|
3. The Central Government was committed to ensure that the
|
co-operative societies in the country function in a
|
democratic, professional, autonomous and economically
|
sound manner. With a view to bring the necessary reforms, it
|
was proposed to incorporate a new part in the Constitution
|
so as to provide for certain provisions covering the vital
|
aspects of working of co-operative societies like democratic,
|
autonomous and professional functioning. It was expected
|
that these provisions will not only ensure the autonomous
|
and democratic functioning of co-operatives, but also ensure
|
the accountability of management to the members and other
|
stakeholders and shall provide for deterrence for violation of
|
the provisions of the law.
|
Table 64.1 Articles Related to Co-operative Societies at a Glance
|
Article No. Subject-matter
|
243ZH Definitions
|
243ZI Incorporation of Co-operative Societies
|
243ZJ Number and Term of Members of Board and its
|
Office Bearers
|
243ZK Election of Members of Board
|
243ZL Supersession and Suspension of Board and
|
Interim Management
|
243ZM Audit of Accounts of Co-operative Societies
|
243ZN Convening of General Body Meetings
|
243ZO Right of a Member to Get Information
|
243ZP Returns
|
243ZQ Offences and Penalties
|
243ZR Application to Multi-state Co-operative Societies
|
243ZS Application to Union Territories
|
243ZT Continuance of Existing Laws
|
NOTES AND REFERENCES
|
1. In Part III of the Constitution, in Article 19, in clause (1),
|
in sub-clause (c), the words “co-operative societies”
|
were inserted.
|
2. In Part IV of the Constitution, a new Article 43-B was
|
inserted, which says: “The state shall endeavour to
|
promote voluntary formation, autonomous functioning,
|
democratic control and professional management of
|
cooperative societies”.
|
3. The “board” means the board of directors or the
|
governing body of a cooperative society, by whatever
|
name called, to which the direction and control of the
|
management of the affairs of a society is entrusted to.
|
4. An “office bearer” means a president, vice-president,
|
chairperson, vicechairperson, secretary or treasurer of a
|
co-operative society and includes any other person to
|
be elected by the board of any co-operative society.
|
5. In case of cooperative banks, other than multi-state
|
cooperative banks, this period cannot exceed one year.
|
6. The “Registrar” means the Central Registrar appointed
|
by the Central Government in relation to the multi-state
|
co-operative societies and the Registrar for co-operative
|
societies appointed by the state government under the
|
law made by the legislature of a state in relation to co-
|
operative societies.
|
7. February 15, 2012, is the date of commencement of the
|
Constitution (Ninety-seventh Amendment) Act, 2011.
|
The Centre has asked state governments to amend
|
their respective State Cooperative Society Act in tune
|
with the Constitution (97th Amendment) Act, 2011 before
|
65 Official Language
|
P
|
art XVII of the Constitution deals with the official language
|
in Articles 343 to 351. Its provisions are divided into four
|
heads–Language of the Union, Regional languages,
|
Language of the judiciary and texts of laws and Special directives.
|
LANGUAGE OF THE UNION
|
The Constitution contains the following provisions in respect of the
|
official language of the Union.
|
1. Hindi written in Devanagari script is to be the official
|
language of the Union. But, the form of numerals to be used
|
for the official purposes of the Union has to be the
|
international form of Indian numerals and not the Devanagari
|
form of numerals.
|
2. However, for a period of fifteen years from the
|
commencement of the Constitution (i.e., from 1950 to 1965),
|
the English language would continue to be used for all the
|
official purposes of the Union for which it was being used
|
before 1950.
|
3. Even after fifteen years, the Parliament may provide for the
|
continued use of English language for the specified
|
purposes.
|
4. At the end of five years, and again at the end of ten years,
|
from the commencement of the Constitution, the president
|
should appoint a commission to make recommendations
|
with regard to the progressive use of the Hindi language,
|
restrictions on the use of the English language and other
|
related issues1 .
|
5. A committee of Parliament is to be constituted to examine
|
the recommendations of the commission and to report its
|
views on them to the president2 .
|
Accordingly, in 1955, the president appointed an Official
|
Language Commission under the chairmanship of B.G. Kher. The
|
commission submitted its report to the President in 1956. The
|
report was examined by a committee of Parliament constituted in
|
1957 under the chairmanship of Gobind Ballabh Pant. However,
|
another Official Language Commission (as envisaged by the
|
Constitution) was not appointed in 1960.
|
Subsequently, the Parliament enacted the Official Languages
|
Act in 1963. The act provides for the continued use of English
|
(even after 1965), in addition to Hindi, for all official purposes of
|
the Union and also for the transaction of business in Parliament.
|
Notably, this act enables the use of English indefinitely (without
|
any time-limit). Further, this act was amended in 1967 to make the
|
use of English, in addition to Hindi, compulsory in certain cases3 .
|
REGIONAL LANGUAGES
|
The Constitution does not specify the official language of different
|
states. In this regard, it makes the following provisions:
|
1. The legislature of a state may adopt any one or more of the
|
languages in use in the state or Hindi as the official
|
language of that state. Until that is done, English is to
|
continue as official language of that state.
|
Under this provision, most of the states have adopted the
|
major regional language as their official language. For
|
example, Andhra Pradesh has adopted Telugu, Kerala–
|
Malayalam, Assam–Assamese, West Bengal–Bengali,
|
Odisha–Odia. The nine northern states of Himachal
|
Pradesh, Uttar Pradesh, Uttarakhand, Madhya Pradesh,
|
Chhattisgarh, Bihar, Jharkhand, Haryana and Rajasthan
|
have adopted Hindi. Gujarat has adopted Hindi in addition to
|
Gujarati. Similarly, Goa has adopted Marathi in addition to
|
Konkani. Jammu and Kashmir has adopted Urdu (and not
|
Kashmiri). On the other hand, certain north-eastern States
|
like Meghalaya, Arunachal Pradesh and Nagaland have
|
adopted English. Notably, the choice of the state is not
|
limited to the languages enumerated in the Eighth Schedule
|
of the Constitution.
|
2. For the time being, the official language of the Union (i.e.,
|
English) would remain the link language for communications
|
between the Union and the states or between various states.
|
But, two or more states are free to agree to use Hindi
|
(instead of English) for communication between themselves.
|
Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar are
|
some of the states that have entered into such agreements.
|
The Official Languages Act (1963) lays down that English
|
should be used for purposes of communication between the
|
Union and the non-Hindi states (that is, the states that have
|
not adopted Hindi as their official language). Further, where
|
Hindi is used for communication between a Hindi and a non-
|
Hindi state, such communication in Hindi should be
|
accompanied by an English translation.
|
3. When the President (on a demand being made) is satisfied
|
that a substantial proportion of the population of a state
|
desire the use of any language spoken by them to be
|
recognised by that state, then he may direct that such
|
language shall also be officially recognised in that state. This
|
provision aims at protecting the linguistic interests of
|
LANGUAGE OF THE JUDICIARY AND TEXTS OF
|
LAWS
|
The constitutional provisions dealing with the language of the
|
courts and legislation are as follows:
|
1. Until Parliament provides otherwise, the following are to be
|
in the English language only:
|
(a) All proceedings in the Supreme Court and in every high
|
court.
|
(b) The authoritative texts of all bills, acts, ordinances,
|
orders, rules, regulations and bye-laws at the Central
|
and state levels4 .
|
2. However, the governor of a state, with the previous consent
|
of the president, can authorise the use of Hindi or any other
|
official language of the state, in the proceedings in the high
|
court of the state, but not with respect to the judgements,
|
decrees and orders passed by it. In other words, the
|
judgements, decrees and orders of the high court must
|
continue to be in English only (until Parliament otherwise
|
provides).
|
3. Similarly, a state legislature can prescribe the use of any
|
language (other than English) with respect to bills, acts,
|
ordinances, orders, rules, regulations or bye-laws, but a
|
translation of the same in the English language is to be
|
published. The Official Languages Act of 1963 lays down
|
that Hindi translation of acts, ordinances, orders, regulations
|
and bye-laws published under the authority of the president
|
are deemed to be authoritative texts. Further, every bill
|
introduced in the Parliament is to be accompanied by a Hindi
|
translation. Similarly, there is to be a Hindi translation of
|
state acts or ordinances in certain cases.
|
The act also enables the governor of a state, with the previous
|
consent of the president, to authorise the use of Hindi or any other
|
official language of the state for judgements, decrees and orders
|
used in Uttar Pradesh, Madhya Pradesh, Bihar and Rajasthan for
|
this purpose.
|
However, the Parliament has not made any provision for the
|
use of Hindi in the Supreme Court. Hence, the Supreme Court
|
hears only those who petition or appeal in English. In 1971, a
|
petitioner insisted on arguing in Hindi a habeas corpus petition in
|
the Supreme Court. But, the Court cancelled his petition on the
|
ground that the language of the Court was English and allowing
|
Hindi would be unconstitutional.
|
The Authorised Translations (Central Laws) Act of 1973 lays
|
down that a Translation in any regional language specified in the
|
Eight Schedule to the Constitution (other than Hindi) of any central
|
act, ordinance, order, rule, regulation and bye-law published under
|
the authority of the President in the Official Gazette is deemed to
|
be the authoritative texts thereof in such language.
|
SPECIAL DIRECTIVES
|
The Constitution contains certain special directives to protect the
|
interests of linguistic minorities and to promote the development of
|
Hindi language. There are:
|
Protection of Linguistic Minorities
|
In this regard, the Constitution makes the following provisions:
|
1. Every aggrieved person has the right to submit a
|
representation for the redress of any grievance to any officer
|
or authority of the Union or a state in any of the languages
|
used in the Union or in the state, as the case may be. This
|
means that a representation cannot be rejected on the
|
ground that it is not in the official language.
|
2. Every state and a local authority in the state should provide
|
adequate facilities for instruction in the mother-tongue at the
|
primary stage of education to children belonging to linguistic
|
minority groups. The president can issue necessary
|
directions for this purpose5 .
|
3. The president should appoint a special officer for linguistic
|
minorities to investigate all matters relating to the
|
constitutional safeguards for linguistic minorities and to
|
report to him. The president should place all such reports
|
before the Parliament and send to the state government
|
concerned6 .
|
Development of Hindi Language
|
The Constitution imposes a duty upon the Centre to promote the
|
spread and development of the Hindi language so that it may
|
become the lingua franca of the composite culture of India7 .
|
Further, the Centre is directed to secure the enrichment of Hindi
|
by assimilating the forms, style and expressions used in
|
hindustani and in other languages specified in the Eighth
|
At present (2019), the Eighth Schedule of the Constitution
|
specifies 22 languages (originally 14 languages). These are
|
Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi,
|
Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam,
|
Manipuri, Marathi, Nepali, Odia8 , Punjabi, Sanskrit, Santhali,
|
Sindhi, Tamil, Telugu and Urdu. Sindhi was added by the 21st
|
Amendment Act of 1967; Konkani, Manipuri and Nepali were
|
added by the 71st Amendment Act of 1992; and Bodo, Dongri,
|
Maithili and Santhali were added by the 92nd Amendment Act of
|
2003.
|
In terms of the Constitution provisions, there are two objectives
|
behind the specification of the above regional languages in the
|
Eighth Schedule:
|
(a) the members of these languages are to be given
|
representation in the Official Language Commission; and
|
COMMITTEE OF PARLIAMENT ON OFFICIAL
|
LANGUAGE9
|
The Official Languages Act (1963) provided for the setting up of a
|
Committee of Parliament on Official Language to review the
|
progress made in the use of Hindi for the official purpose of the
|
Union. Under the Act, this Committee was to be constituted after
|
ten years of the promulgation of the Act (i.e., 26th January, 1965).
|
Accordingly, this Committee was set up in 1976. This Committee
|
comprises of 30 members of Parliament, 20 from Lok Sabha and
|
10 from Rajya Sabha.
|
The Act contains the following provisions relating to the
|
composition and functions of the committee:
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.