In Brief
The Supreme Court held that the Constitution (97th Amendment) Act, 2011, inserting Part IXB on cooperative societies, violated the mandatory ratification requirement in Article 368(2) proviso insofar as it applies to State-level cooperatives. Although Part IXB does not alter the language of Article 246(3) or Entry 32 of List II, it substantially curtails State legislative power through detailed restrictions (director limits, board terms, audit norms, etc.), effecting a material change 'in substance' in the federal distribution of powers. Such amendments require ratification by half the States before presidential assent. However, applying the doctrine of severability, Part IXB remains valid for multi-State cooperatives and Union territories, as these fall under Parliament's domain and are independently workable.
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