The Constitution of India
A§óþ ^èþrtç³# 2Ð@þ òÜ„æü¯Œþ §éÓÆ> ѯéÆÿ¬…ç³# Ð@þ¨ÍÐóþĶý$ºyìþ¯@þ¨.
- Jurisdiction
- India
- Provision
- 2
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source168 THE CONSTITUTION OF INDIA
(Part XII. - Finance, Property, Contracts And Suits)
(2) Subject as aforesaid, and to any other express provision of this Chapter, a law made
by Parliament or an order of the President may, in any case where under this Part the
proceeds of any duty or tax are, or may be, assigned to any State, provide for the manner in
which the proceeds are to be calculated, for the time from or at which and the manner in
which any payments are to be made, for the making of adjustments between one financial
year and another, and for any other incidental or ancillary matters.
1
[279A. Goods and Services Tax Council:- (1) The President shall, within sixty days from
the date of commencement of the Constitution (One Hundred and First Amendment) Act,
2016, by order, constitute a Council to be called the Goods and Services Tax Council.
(2) The Goods and Services Tax Council shall consist of the following members,
namely:—
(a) the Union Finance Minister - Chairperson;
(b) the Union Minister of State in charge of Revenue or Finance - Member ;
(c) the Minister in charge of Finance or Taxation or any other Minister nominated
by each State Government - Members.
(3) The Members of the Goods and Services Tax Council referred to in sub-clause (c)
of clause (2) shall, as soon as may be, choose one amongst themselves to be the Vice-
Chairperson of the Council for such period as they may decide.
(4) The Goods and Services Tax Council shall make recommendations to the Union
and the States on—
(a) the taxes, cesses and surcharges levied by the Union, the States and the local
bodies which may be subsumed in the goods and services tax;
(b) the goods and services that may be subjected to, or exempted from the goods
and services tax;
(c) model Goods and Services Tax Laws, principles of levy, apportionment of
Goods and Services Tax levied on supplies in the course of inter-State trade or
commerce under article 269A and the principles that govern the place of supply;
1. Inserted by the Constitution (One Hundred and First Amendment) Act, 2016, s.12 (w.e.f.12.9.2016).
169 THE CONSTITUTION OF INDIA
(Part XII. - Finance, Property, Contracts And Suits)
(d) the threshold limit of turnover below which goods and services may be
exempted from goods and services tax;
(e) the rates including floor rates with bands of goods and services tax ;
(f) any special rate or rates for a specified period, to raise additional resources
during any natural calamity or disaster ;
(g) special provision with respect to the States of Arunachal Pradesh, Assam,
Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura,
Himachal Pradesh and Uttarakhand; and
(h) any other matter relating to the goods and services tax, as the Council may
decide.
(5) The Goods and Services Tax Council shall recommend the date on which the goods
and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly
known as petrol), natural gas and aviation turbine fuel.
(6) While discharging the functions conferred by this article, the Goods and Services
Tax Council shall be guided by the need for a harmonised structure of goods and services tax
and for the development of a harmonised national market for goods and services.
(7) One-half of the total number of Members of the Goods and Services Tax Council
shall constitute the quorum at its meetings.
(8) The Goods and Services Tax Council shall determine the procedure in the
performance of its functions.
(9) Every decision of the Goods and Services Tax Council shall be taken at a meeting,
by a majority of not less than three-fourths of the weighted votes of the members present and
voting, in accordance with the following principles, namely:—
(a) the vote of the Central Government shall have a weightage of one-third of the
total votes cast, and
(b) the votes of all the State Governments taken together shall have a weightage
of two-thirds of the total votes cast, in that meeting.
170 THE CONSTITUTION OF INDIA
(Part XII. - Finance, Property, Contracts And Suits)
(10) No act or proceedings of the Goods and Services Tax Council shall be invalid
merely by reason of—
(a) any vacancy in, or any defect in, the constitution of the Council; or
(b) any defect in the appointment of a person as a Member of the Council; or
(c) any procedural irregularity of the Council not affecting the merits of the case.
(11) The Goods and Services Tax Council shall establish a mechanism to adjudicate
any dispute—
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one
or more other States on the other side; or
(c) between two or more States, arising out of the recommendations of the
Council or implementation thereof.]
Source record
Source and verification
The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
Check the upstream source for currency, amendments, and official formatting. The recorded status describes this source version.
Open upstream source