1. The Financial relationship between the Centre (Union)
and the States is provided in the constitution. The constitution gives a
detailed scheme of distribution of financial resources between Union and the
States. The constitution makes a broad distinction between the power to levy a
tax and the power to appropriate the proceeds of a tax. Thus the legislature
which levies a tax is not necessarily the authority which retains the proceeds
of a tax levied.
The constitution grants the Union Parliament exclusive
power to levy taxes on several items. The state legislatures enjoy similar power
with regard to several other specified items. In general, the Union Parliament
levies taxes on items mentioned in the union list while the state legislatures
levy taxes on items mentioned in the state list.
The
subjects on which the union government have the exclusive powers to levy taxes
are:-
1.
customs
duty,
2.
corporation
tax,
3.
capital
gains,
4.
surcharge
on income tax,
5.
railway
fares etc.
State’s
exclusive power to Tax include:-
1.
land
revenue
2.
stamp
duty,
3.
estate
duty,
4.
agricultural
income,
5.
entry
tax,
6.
sales
tax,
7.
taxes
on vehicles and luxuries etc.
The residuary power of taxation belongs to the centre. It
means that the subjects which have not been included either in the union or in
the state list may be taxed only by the union government.
In the matter of taxation, the constitution recognizes no
concurrent jurisdiction. Hence there is no subject who may be taxed both by the
union and the state governments.
Besides the exclusive power of taxation of the union and
the state governments, there are 3 other categories of taxes.
Taxes levied by the union government but collected
and appropriated by the states. Stamp duties on bills of exchange, excise
duties on medicinal and toilet preparations fall in this category.
Secondly, certain duties are levied and collected by the
union but the net proceeds of such taxes are distributed among the states. Each
state gets that amount of the tax as is collected within its territory.
Succession duty, estate duty on property other than agricultural land, taxes on
railway fares and freights, taxes on newspaper sales and advertisements etc.
fall in this category.
Thirdly, certain taxes are levied and collected by
the union but the proceeds are distributed between the centre and the states.
Taxes on non-agricultural incomes (Art. 270) and excise duties on items in the
union list accept medicinal and toilet preparations, fall in this category.
In this scheme of resource distribution, the central
government in India, indeed in every federation has more money than it needs.
This is because, the central government is the government at a distance
whereas the state governments are the governments at hand to the people. The
most productive sources of revenue in every federation are with the centre
while the most expensive heads of expenditure are with the states. For the
State Governments are directly responsible for the maintenance of law and order
and are charged with the responsibility of carrying on welfare activities such
as education, health care, etc. consequently the states have less revenue
incomes than they need. This makes the states financially dependent on the
centre which the ruling party at the centre may use to serve its political
ends.
To relieve this dependence, the constitution provides for
grants-in-aid to the states. Parliament decides which states are in need of
grants-in-aid. Art. 275 of the constitution provides for grants-in-aid to some
states for the promotion of welfare of the tribal people. States also receive
grants-in-aid in cases of natural calamities like floods or draughts.
The constitution provides for constitution of a Finance
Commission to advice the President on distribution of financial resources
between the Union and the States. A Finance Commission is appointed every five
years. The first Finance Commission submitted its report in 1952. The Finance
Commission advises the President, what percentage of the income tax should be
retained by the centre, and what principles should be adopted to distribute the
divisible pool of the income tax among the states. The commission also advises
the President on the question of grants-in-aid to be given to the states.
The scheme of division of financial resources adopted in
India is certainly very complicated. It also has the effect of making the
states financially dependent on the centre. Such a scheme is certainly
corrosive of autonomy of the states. States should be given more financial
autonomy than is given now to make their political autonomy real.
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2. Ideally speaking, the best system of federal finance would be one which effected a clear-cut division of sources of the revenue between the Federal and the State Governments so as to make each of the parties financially independent of each other. Indian Constitution make elaborate provisions regarding the distribution of revenues between the Centre and the States. The financial relations between the Union and the States can be studied under the following heads: Duties levied by the Union but Collected and Appropriated by the States: Stamp duties and duties of excise on the medical and toilet preparations are levied by the Government of India, but collected and appropriated by the States within which such duties are leviable except in the Union Territories where they are collected by the Union Government. Art. 268 Taxes Levied and Collected by the Union but Assigned to the States within which they are leviable: Succession duty in respect of property other than agriculture land Estate duty in respect of property other than agricultural land Terminal taxes on goods or passengers carried by railways, sea or air Taxes on railway fares and freights Taxes on transactions in stock exchanges Taxes on sale and purchase of newspapers, including advertisements published therein Taxes on the sale and purchase of goods other than newspapers, where such purchase takes place in the course of inter-state trade or commerce. Art. 269 Taxes Levied and collected by the Union and distributed between the Union and the States: Certain taxes are levied as well as collected by the Union, but their proceeds are divided between the Union and the States in a certain proportion in order to effect an equitable distribution of the financial resources. There are: taxes on income other than agricultural income excise duties as are included in the Union List, excepting medicinal and toilet preparations. Surcharge: The Parliament is, however, authorized to levy surcharge on the taxes mentioned at (2) above and on income-tax for the purpose of the Union. Grants-in-Aid: Parliament may make grants-in-aid from the Consolidated Fund of India to such States as are in need of assistance, particularly for the promotion of welfare of tribal areas, including special grant to Assam. Loans: The Union Government may make loan to any State or give guarantees with respect to loans raised by any States. Previous Sanction of the President: No Bill or amendment can be introduced or moved in either House of Parliament without the previous sanction of the President, if: it imposes or varies any tax in which the States are interested; or it varies the meaning of the expression “Agricultural Income” as defined in the Indian Income-Tax Act; or it affects the principles on which money are distributed to the States; or it imposes a surcharge on the State taxes for the purpose of the Union. According to Article 301, freedom of trade, commerce and intercourse throughout the territory of India is guaranteed, but the Parliament has the power to impose restrictions in public interest. Although taxes on income, other than agricultural income, are levied by the Union, yet the State Legislatures can levy taxes on profession, trade, etc. provided that the total amount of such taxes payable in respect of anyone person should not exceed Rs. 2500 per month. Provision has been made for the constitution of a Finance Commission to recommend to the President certain measures for the distribution of financial resources between the Union and the States.
2. Ideally speaking, the best system of federal finance would be one which effected a clear-cut division of sources of the revenue between the Federal and the State Governments so as to make each of the parties financially independent of each other. Indian Constitution make elaborate provisions regarding the distribution of revenues between the Centre and the States. The financial relations between the Union and the States can be studied under the following heads: Duties levied by the Union but Collected and Appropriated by the States: Stamp duties and duties of excise on the medical and toilet preparations are levied by the Government of India, but collected and appropriated by the States within which such duties are leviable except in the Union Territories where they are collected by the Union Government. Art. 268 Taxes Levied and Collected by the Union but Assigned to the States within which they are leviable: Succession duty in respect of property other than agriculture land Estate duty in respect of property other than agricultural land Terminal taxes on goods or passengers carried by railways, sea or air Taxes on railway fares and freights Taxes on transactions in stock exchanges Taxes on sale and purchase of newspapers, including advertisements published therein Taxes on the sale and purchase of goods other than newspapers, where such purchase takes place in the course of inter-state trade or commerce. Art. 269 Taxes Levied and collected by the Union and distributed between the Union and the States: Certain taxes are levied as well as collected by the Union, but their proceeds are divided between the Union and the States in a certain proportion in order to effect an equitable distribution of the financial resources. There are: taxes on income other than agricultural income excise duties as are included in the Union List, excepting medicinal and toilet preparations. Surcharge: The Parliament is, however, authorized to levy surcharge on the taxes mentioned at (2) above and on income-tax for the purpose of the Union. Grants-in-Aid: Parliament may make grants-in-aid from the Consolidated Fund of India to such States as are in need of assistance, particularly for the promotion of welfare of tribal areas, including special grant to Assam. Loans: The Union Government may make loan to any State or give guarantees with respect to loans raised by any States. Previous Sanction of the President: No Bill or amendment can be introduced or moved in either House of Parliament without the previous sanction of the President, if: it imposes or varies any tax in which the States are interested; or it varies the meaning of the expression “Agricultural Income” as defined in the Indian Income-Tax Act; or it affects the principles on which money are distributed to the States; or it imposes a surcharge on the State taxes for the purpose of the Union. According to Article 301, freedom of trade, commerce and intercourse throughout the territory of India is guaranteed, but the Parliament has the power to impose restrictions in public interest. Although taxes on income, other than agricultural income, are levied by the Union, yet the State Legislatures can levy taxes on profession, trade, etc. provided that the total amount of such taxes payable in respect of anyone person should not exceed Rs. 2500 per month. Provision has been made for the constitution of a Finance Commission to recommend to the President certain measures for the distribution of financial resources between the Union and the States.
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