Should Cooperative be included in the list of Fundamental Rights or in the Directive Principles? This is a million dollar questions vexing the cooperators and the government alike.
The new cooperative bill introduced by Sharad Pawar in the winter of 2009 and later referred to Standing Committee of Parliament under the Chairman ship of Basudev Acharya is being discussed widely among the cooperators. Only recently NCDC and IFFCO put forward their points of view in Parliamentary annex on the subject.
Earlier, the committee had invited one and all to voice their opinion or give suggestions on the draft bill. It is likely to be passed in the next session as various agencies and institutions have already given their opinion.
But will inclusion in the Directive Principles of States have any legal binding? Obviously not! Will then it compel a state like Tamil Nadu where elections to cooperatives have not taken place for last 30-40 years to mend ways? Or if a Mayawati wants to supercede cooperatives in the states only after 2 years, will this piece if legislation help? Of course, not.
But what if it is included in Fundamental Rights? The court will be burdened with any number of cases, feels the expert. According to another expert violation of Fundamental right cases could go straight to Supreme Court which may find the deluge too much to handle.
The Prithvi Raj Patil Committee which had eminent cooperators as members worked hard for three years and pushed for the inclusion of cooperative in the list of Fundamental Rights. The law ministry of Govt of India after having taken inputs from various agencies thought it proper to include it in Directive Principles of State.
The votary supporting inclusion in the Directive principle quotes the example of Panchayati Raj which existed in one form or the other from time immemorial. The legislation on Panchayti Raj motivated the states and the result of successful Panchayat revolution is there for everybody to see, says the expert.
But there is difference between the two. Panchayat is a local self government and cannot be many in an area. While cooperative being large in number is subjected to all kinds of political pressure. The finances involved also attract the unscrupulous element.
Now the entire argument boils down to the political will of the State governments. They have no compulsion only Directive Principles’ direction to behave in certain fashion. A well meaning govt like Nitish Kumar can do wonders by conducting PACs elections even without new bill. All the excitement over the new bill may prove damp squib if the States do not take the bait.