Consider the following statements : 1. Forming a cooperative society is a Fundamental Right in India. 2. Cooperative societies do not fall within the ambit of the Right to Information Act, 2005. Which of the statements given above is/are correct?

Statement 1 is correct as the 97th Constitutional Amendment Act of 2011 amended Article 19(1)(c) to include 'co-operative societies', thereby making the right to form them a Fundamental Right [4]. Statement 2 is also correct based on the Supreme Court's ruling in the Thalappalam Ser. Coop. Bank Ltd. v. State of Kerala case, which held that cooperative societies are not 'public authorities' under Section 2(h) of the RTI Act, 2005, unless they are owned, controlled, or substantially financed by the government [3]. While members have internal rights to access books and accounts as provided by state legislatures [2], the general public cannot file RTI applications against private cooperative societies because they are independent legal entities not created by the Constitution or a law made by Parliament/State Legislature [5]. Thus, both statements are correct.

Sources

1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Table 8.5 Rights under Article 19 and the Grounds of Restrictions > p. 87
2. [4] https://www.thehindu.com/news/national/cooperative-societies-dont-fall-within-ambit-of-rti-act/article5236813.ece
3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > 1111 Co-operative Societies > p. 33
4. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 72: Co-operative Societies > CONSTITUTIONAL PROVISIONS > p. 536
5. [5] https://cooperative.py.gov.in/sites/default/files/fa-07-2023.pdf