Part IXB: Co-operative Societies

Article 243ZT: Continuance of Existing Laws

Original Article:

Notwithstanding anything in this Part, any provision of any law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninety-Seventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is less.

Explanations:

Article 243ZT ensures a smooth transition for states to align their co-operative laws with the provisions of the Ninety-Seventh Amendment. It allows pre-existing laws to remain operational temporarily, providing time for amendments or repeals as required.

• Transition Period: Grants states up to one year to modify or repeal inconsistent laws.
• Continuity: Prevents abrupt legal voids by maintaining the validity of existing laws until new ones are enacted.

Legislative History:

Article 243ZT was introduced through the Constitution (97th Amendment) Act, 2011, to accommodate existing state laws governing co-operatives and ensure their gradual alignment with the new constitutional framework.

Historical Significance:

This Article highlights the Indian Constitution's pragmatic approach to implementing major reforms. By providing a transition period, it respects the legislative autonomy of states while ensuring adherence to national objectives.

Real-Life Examples:

In Maharashtra, pre-existing laws related to co-operative societies continued to operate for a year while the state legislature amended them to align with the Ninety-Seventh Amendment. This ensured a seamless transition without disrupting co-operative operations.

Similarly, Kerala utilized this transition period to bring its co-operative society laws in harmony with the new constitutional provisions.