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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shall continue to be in force until amended or repealed or until the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: