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97th Constitutional Amendment, Recent Case Law

The Supreme Court, on 20th July 2021, in Union of India vs. Rajendra N.Shah, struck down most parts of 97th Constitutional Amendment. The court unanimously held that the 97th Constitutional Amendment required ratification by at least one-half of the state legislatures as per Article 368(2) of the Constitution, since it dealt with a entry which was an exclusive state subject (co-operative societies). Since such ratification was not done in the case of the 97th Constitutional amendment, Part IXB of the Constitution inserted by the said amendment was struck down. The majority judgment invoked doctrine of severability to make Part IXB operative only insofar as it concerns multi-State cooperative societies both within the various States and in the Union territories of India. #caselaw #constitution #U.O.I vs. Rajendra Shah & Anr. 2021