Part IXB: The Co-operative Societies
Article 243ZJ: Number and Term of Members of Board and Its Office Bearers
Original Article:
The board shall consist of such number of directors as may be provided by the Legislature of a State, by law: Provided that the maximum number of directors of a co-operative society shall not exceed twenty-one:
Provided further that the Legislature of a State shall, by law, provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on the board of every co-operative society consisting of individuals as members and having members from such class or category of persons.
The term of office of elected members of the board and its office bearers shall be five years from the date of election, and the term of office bearers shall be coterminous with the term of the board.
Explanations:
Article 243ZJ specifies the composition, tenure, and representation of members on the board of co-operative societies. By ensuring reservation for marginalized communities and women, it promotes inclusivity and diversity in governance structures. The provision also aims to maintain stability and efficiency by defining a clear term for board members and office bearers.
Clause-by-Clause Explanation:
Number of Directors: The state legislature decides the total number of directors, ensuring it does not exceed twenty-one. This limit helps maintain manageable decision-making processes. Example: Co-operative banks in states like Maharashtra adhere to this structure for effective governance.
Reservation of Seats: One seat is reserved for Scheduled Castes or Scheduled Tribes and two for women, ensuring representation from diverse communities. Example: Women directors in the Amul co-operative exemplify empowerment and inclusivity.
Term of Office: The five-year tenure promotes consistency in leadership while allowing for periodic renewal of governance. This balance fosters accountability and long-term planning.
Historical Significance:
The 97th Amendment aimed to strengthen co-operative governance by introducing structured representation and fixed terms. These changes addressed historical challenges of inefficiency and lack of accountability in co-operative management.
Legislative History:
Article 243ZJ was introduced as part of the 97th Constitutional Amendment in 2011. This article reflects the broader goal of promoting democratic principles and inclusivity within co-operative societies.
Debates and Deliberations:
The inclusion of Article 243ZJ sparked discussions on the balance between autonomy and regulation of co-operatives. Legislators emphasized the importance of inclusive representation and the need for periodic leadership changes to prevent stagnation and ensure accountability.
Frequently Asked Questions (FAQs):
The five-year tenure ensures stability while enabling periodic leadership renewal, promoting accountability and fresh perspectives.
Reservations ensure that marginalized communities and women have a voice in decision-making processes, fostering inclusivity and equity.
The cap ensures a manageable board size, allowing efficient decision-making and minimizing conflicts arising from an overly large board.
References:
- The Constitution (97th Amendment) Act, 2011.
- Case Studies on Co-operative Governance in India.
- Ministry of Cooperation Guidelines.