Supreme Court of India · 2021-07-20
UNION OF INDIA vs RAJENDRA N SHAH
- Citation / case number
- SC 2013/21321
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- RAJENDRA N SHAH
- Author
- HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
- Bench
- HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE MR. JUSTICE K.M. JOSEPH, HON'BLE MR. JUSTICE B.R. GAVAI
Judgment text excerpt
The Supreme Court addressed the constitutionality of the Constitution (Ninety Seventh Amendment) Act, 2011, specifically concerning the introduction of Part IXB related to Co-operative Societies. The Gujarat High Court had previously ruled that the amendment was ultra vires due to lack of ratification by half of the States as required under Article 368(2). The Supreme Court upheld the validity of the amendment, clarifying that it does not affect the amendments made to Article 19(1)(c) and the insertion of Article 43B.