Guj HC notice to Attorney General on Constitutiona
Ahmedabad: Gujarat High Court has issued a notice to the Attorney General of India on a Public Interest Litigation challenging validity of the 97th amendment to the Constitution, on the ground that Union Government had no "legislative competence" to enact it.
The PIL has been filed by Rajendra Shah of Consumer Protection Analytic Committee(CPAC). It says that Union has no power to make a law for cooperative societies, which comes under the purview of states as per the Constitution.
Division bench of Chief Justice Bhaskar Bhattacharya and Justice JB Pardiwala last week issued notice to Attorney General, and scheduled the hearing after three weeks.
The 97th amendment, which is about promotion of cooperatives by the state government, was passed by the Parliament in December 2011 and came into effect from February 15 after it received Presidential assent.
"The amendment... Encroaches on the occupied field of State legislation", said Massom Shah, the petitioner's lawyer.
The petition has sought that the amendment be declared null and void, and be stayed while the PIL is being heard.