What is Article 243ZJ of Indian Constitution – Defination & Meaning

Article 243ZJ: Number and term of members of board and its office bearers (1) The board shall consist of such number of directors as may be provided by the
📅 Part IXB – The Co-operative Societies
🏷️Active

📚 UPSC Relevant

Article Number

243ZJ

part

Part IXB – The Co-operative Societies

Status

Active

Bare Acts Text

Article 243ZJ: Number and term of members of board and its office bearers

  • (1) 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 board of every co-operative society consisting of individuals as members and having members from such class of category of persons.
  • (2) 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:
  • Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.
  • (3) The Legislature of a State shall, by law, make provisions for co-option of persons to be members of the board having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the co-operative society, as members of the board of such society:
  • Provided that the number of such co-opted members shall not exceed two in addition to twenty-one directors specified in the first proviso to clause (1):
  • Provided further that such co-opted members shall not have the right to vote in any election of the cooperative society in their capacity as such member or to be eligible to be elected as office bearers of the board:
  • Provided also that the functional directors of a co-operative society shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in the first proviso to clause (1).
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Full Definition & Explanation

Article 243ZJ outlines the structure and term limits for boards of cooperative societies in India. It specifies that the board should have a number of directors set by state legislation, with a maximum limit of twenty-one. This means that each state can determine how many directors will be on the board, allowing for flexibility based on local needs and the size of the cooperative society. Importantly, the article mandates the reservation of seats for Scheduled Castes, Scheduled Tribes, and women, promoting inclusivity and representation within these boards. The term for elected members of the board is five years, which aligns with the typical electoral cycle in democratic processes. This ensures that the members are accountable to their constituents and can be replaced if they do not perform well. If a vacancy arises before the term ends, the board can appoint a new member from the same category as the one who left, ensuring continuity. However, if more than half of the term remains, a full election is required. Additionally, Article 243ZJ allows for the co-option of up to two members with expertise in relevant fields like banking or finance. These co-opted members do not have voting rights in elections, ensuring that the board remains accountable to elected members while benefiting from their specialized knowledge. This provision helps strengthen the board’s decision-making capabilities, especially in societies that deal with financial matters, thereby enhancing their operational efficiency and effectiveness in serving their communities.

Historical Context

It specifies that the board should have a number of directors set by state legislation, with a maximum limit of twenty-one. This means that each state can determine how many directors will be on the board, allowing for flexibility based on local needs and the size of the cooperative society. Importantly, the article mandates the reservation of seats for Scheduled Castes, Scheduled Tribes, and women, promoting inclusivity and representation within these boards. The term for elected members of the board is five years, which aligns with the typical electoral cycle in democratic processes.

Key Features

– The board’s number of directors is determined by state law.
– Maximum number of directors is capped at twenty-one.
– One seat is reserved for Scheduled Castes and one for Scheduled Tribes.
– Two seats are reserved for women on the board.
– The term of office for board members is five years.

Importance & Impact

– This article promotes inclusivity within cooperative society boards
– It ensures the participation of marginalized groups in governance
– Regular elections keep board members accountable to their community
– The provision for co-opted members enhances decision-making quality
– Casual vacancies can be filled quickly, maintaining board functionality

Sample UPSC Question

Article 243ZJ of the Indian Constitution deals with the governance of cooperative societies. Which of the following statements is true? A) It allows unlimited members on the board of a cooperative society. B) It mandates the reservation of seats for women and marginalized communities. C) The term of office for board members is ten years. D) Co-opted members have voting rights in board elections.

Answer

The correct answer is B. Article 243ZJ specifically mandates that one seat is reserved for Scheduled Castes, one for Scheduled Tribes, and two for women on the board. This promotes greater inclusivity and representation in cooperative societies. Article 243ZJ outlines the structure and term limits for boards of cooperative societies in India.

Key Takeaways

✓ Article 243ZJ governs cooperative society board structures
✓ It reserves seats for marginalized communities and women.
✓ Directors serve a five-year term for accountability
✓ Co-opted members add expertise but lack voting rights.
✓ State legislatures define the total number of directors.

FAQs

Article 243ZJ outlines the structure and term limits for boards of cooperative societies in India. It specifies that the board should have a number of directors set by state legislation, with a maximum limit of twenty-one. This means that each state can determine how many directors will be on the board, allowing for flexibility based on local needs and the size of the cooperative society.

A casual vacancy on the board can be filled by nominating a member from the same category as the departing member. This process ensures continuity within the board while adhering to the principles of representation. If the term of the board exceeds half its original duration, a full election is required instead.

Additionally, Article 243ZJ allows for the co-option of up to two members with expertise in relevant fields like banking or finance. These co-opted members do not have voting rights in elections, ensuring that the board remains accountable to elected members while benefiting from their specialized knowledge. This provision helps strengthen the board’s decision-making capabilities, especially in societies that deal with financial matters, thereby enhancing their operational efficiency and effectiveness in serving their communities.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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