Centre-State Financial Relations: Taxation Powers, GST Council and Constitutional Provisions

Your UPSC Prep, Our Commitment
Start with Free Mentorship Today!

Table of Contents

In addition to the above-mentioned constitutional devices, there are extra-constitutional devices to promote cooperation and coordination between the Centre and the states. These include a number of advisory bodies and conferences held at the Central level. Some of these are-

Non-constitutional Advisory bodies Important Conferences 
NITI Aayog Governor’s conference (Presided by the President)
National Integration Council Chief Minister’s conference (Presided by the chief minister)
National Development Council Chief Secretary’s conference (Presided by Cabinet secretary)
Zonal Councils Chief Justices’ conference (Presided by the chief justice of India)
North-Eastern Council  Home ministers’ conference (Presided by Union Home minister)
Central Council of Family and Health welfare Conference of Inspector-general of Police

Centre-State Financial Relations

Financial division of powers is enumerated in Article 268 to Article 293 in Part XII of the constitution. It provides for division of taxation powers, distribution of tax and non tax revenues and allocation of grants in aid to the state for ensuring smooth functioning of fiscal federalism. 

Division of Taxation Powers in India

The Parliament and State governments enjoy exclusive powers to tax subjects in Union and State lists respectively. The Concurrent list does not have any subject related to tax legislation. But the Constitution (101st Amendment) Act, 2016 has made an exception by making a special provision for Goods and Services tax on which both Parliament and State legislatures can make laws. 

The residuary power of taxation lies exclusively with the Parliament. Under this, Parliament has imposed gift tax, wealth tax and expenditure tax. The Constitution also distinguishes between powers to levy and collect taxes and power to appropriate its proceeds. For example Income tax is levied and collected by centre while its collections are distributed between centre and state. 

Constitution has also placed certain restrictions on taxation power of the states which are as follows:

  • Professional tax: A state legislature can impose taxes on professions, trades, callings and employments. But, the total amount of such taxes payable by any person should not exceed ₹2,500 per annum.
  • Exclusive taxation by Parliament: ‘Only’ Parliament and not states are allowed to levy taxes (a) on sale or purchase of goods taking place outside the state or (b) in the course of import and exports of goods and services.  Further, the Parliament has the powers to lay down the principles for determining whether the supply of goods or services or both takes place outside the state, or in the course of import or export
  • Taxation by State legislature: State legislature can impose tax on the consumption or sale of electricity. But, no tax can be imposed on the consumption or sale of electricity which is (a) consumed by the Centre or sold to the Centre; or (b) consumed in the construction, maintenance or operation of any railway by the Centre or by the concerned railway company or sold to the Centre or the railway company for the same purpose.
  • Prior recommendation of the President: A state legislature can impose a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by Parliament with the purpose of regulating or developing any inter-state river or river valley. But, such a law, to be effective, needs prior sanction from the President. 

Centre-State Tax Revenue Distribution in India

Taxes imposed by the Union and the states can be divided into following categories-

Category Provisions
Article 268: Taxes levied by the centre but collected and appropriated by the states. 
  • Goes to Consolidated fund of the State
  • Includes the stamp duties on bills of exchange, cheques, promissory notes, policies of insurance, transfer of shares and others.
Article 269: Taxes Levied and collected by the Centre but assigned to the states 
  • Goes to Consolidated fund of the State
  • Taxes on the sale or purchase of goods (other than newspapers) in Inter-state trade and commerce. 
  • Taxes on the consignment of goods in the course of inter-state trade or commerce. 
Article 270: Taxes Levied and collected by the Centre but distributed between the centre and the States 
  • Includes all the taxes and duties referred to in the Union list except 1) Surcharge (Art-271), 2) cess levied for specified purposes, 3) taxes levied under Art-268 and 269, GST levied on inter-state trade and commerce. 
  • The manner of distribution of the net proceeds of these taxes and duties is prescribed by the President on the recommendation of the Finance commission. 
Article 271: Surcharge on certain taxes and duties for the purpose of the Centre 
  • Goes to Consolidated fund of India and centre does not need to share it with states
  • Parliament can levy surcharge on any tax levied under Art-269 and 270
  • Surcharge can not be imposed on GST
Taxes levied, collected and retained by states
  • Goes to consolidated fund of state
  • Levied on the entries of the state list and comes within the exclusive domain of states. 

 

Goods and Services tax (GST)

GST was introduced by the Constitution (101st Amendment) Act, 2016. The GST replaced a number of indirect taxes levied by the Union and the State Governments and is intended to-

  • Remove cascading effect of taxes and 
  • Provide for a common national market for goods and services.

Indirect Taxes of the Centre subsumed under the GST include-

  1. Central Excise Duty
  2. Additional Excise duty
  3. Excise duty on Medicinal and Toiletry preparations
  4. Services Tax
  5. Countervailing duty
  6. Additional Customs duty
  7. Central surcharges and cesses related to supply of goods and services

Indirect Taxes of the States subsumed under the GST include-

  1. State VAT (Value Added Tax)/Sales tax
  2. Entertainment tax (other than the tax levied by local bodies)
  3. Central Sales Tax (levied by the centre and collected by the states)
  4. Octroi and Entry tax
  5. Purchase tax
  6. Luxury tax
  7. Tax on Lottery, Betting and Gambling
  8. State cess and surcharge related to supply of goods and services

Goods and Services Tax Council

The Constitution (101st Amendment) Act, 2016 also provided for the establishment of a GST council by adding Article-279A in the constitution. It has the following functions-

  1. To recommend the taxes, surcharges and cesses that need to be subsumed under GST.
  2. Goods and services that should come within GST or be exempted in it..
  3. Threshold limit of turnover below which GST can be exempted.
  4. Rates including the floor bands of GST
  5. Any special rate or rates for a specified period to raise additional resources during any natural calamity or disaster.
  6. Model GST Laws, principles of levy, apportionment of GST levied on supplies in the course of inter-state trade or commerce.

UPSC Articles

UPSC Interview

UPSC Interview Marks
UPSC Syllabus

UPSC Exam Pattern

UPSC Eligibility UPSC Age Limit
UPSC Selection Process

UPSC Cut off

Courses From Tarun IAS

Recent Posts

0 0 votes
Article Rating
Subscribe
Notify of
guest
0 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

Achieve Your UPSC Dreams – Enroll Today!