BHASKAR BHATTACHARYA, C.J. By this Public Interest Litigation, the writ petitioner has prayed for quashing of the Constitution (97th Amendment) Act, 2011 introducing Part IXB, as ultra vires the Constitution of India.

2. The case made out by the writ petitioner is that the Constitution (97th Amendment) Act, 2011 was passed by the Lok Sabha on 22nd December, 2011 and the same was passed by the Rajya Sabha on 28th December, 2011. The President of India bestowed assent to that amendment on 12th January, 2012 and the said notification was published in the Gazette of India of 13th January, 2012 and the amendment came into force on 15th February, 2012.

2.1. According to the petitioner, the power under Art. 368 of the Constitution of India itself is the basic structure of the Constitution of India and the fact that by the impugned constitutional amendment, the procedure prescribed in the Art. 368(2) of the Constitution, which recognizes the federal structure of the Constitution as one of the basic structures, has not been followed, is violative of the Constitution. The petitioner contends that the subject-matter co-operative societies does not fall in the 7th Schedule, Entry 45 of L