TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Bengal to Bring Laws on ‘Love Jihad’, ‘Land Jihad’ and Conversions Within Six Months, Says CM Suvendu Adhikari

    Bengal to Bring Laws on ‘Love Jihad’, ‘Land Jihad’ and Conversions Within Six Months, Says CM Suvendu Adhikari

    Indian Navy Sailor Honeytrapped in Pakistan-Linked Defence Leak Case

    Indian Navy Sailor Honeytrapped in Pakistan-Linked Defence Leak Case

    India-Russia: Jaishankar Recalls Moscow’s Support

    India-Russia: Jaishankar Recalls Moscow’s Support

    Neha Bora vs Ruchi Tiwari: Women’s Safety Hypocrisy Row

    Neha Bora vs Ruchi Tiwari: Women’s Safety Hypocrisy Row

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Best Stripe Alternatives for Receiving Money in India (2026)

    Best Stripe Alternatives for Receiving Money in India (2026)

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    PM Modi, Swiss President Parmelin to Hold Talks Today; Trade, Technology and Mobility on the Table

    PM Modi, Swiss President Parmelin to Hold Talks Today; Trade, Technology and Mobility on the Table

    Rajouri Villager Abducted by Suspected Terrorists, Released After Being Used as a Guide; Massive Hunt On

    Rajouri Villager Abducted by Suspected Terrorists, Released After Being Used as a Guide; Massive Hunt On

    Indian Navy Evacuates Injured Vietnamese Sailor from Merchant Vessel Off Great Nicobar

    Indian Navy Evacuates Injured Vietnamese Sailor from Merchant Vessel Off Great Nicobar

    India, UAE Begin Two-Week Mountain Warfare Exercise in Uttarakhand

    India, UAE Begin Two-Week Mountain Warfare Exercise in Uttarakhand

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Bengal to Bring Laws on ‘Love Jihad’, ‘Land Jihad’ and Conversions Within Six Months, Says CM Suvendu Adhikari

    Bengal to Bring Laws on ‘Love Jihad’, ‘Land Jihad’ and Conversions Within Six Months, Says CM Suvendu Adhikari

    Indian Navy Sailor Honeytrapped in Pakistan-Linked Defence Leak Case

    Indian Navy Sailor Honeytrapped in Pakistan-Linked Defence Leak Case

    India-Russia: Jaishankar Recalls Moscow’s Support

    India-Russia: Jaishankar Recalls Moscow’s Support

    Neha Bora vs Ruchi Tiwari: Women’s Safety Hypocrisy Row

    Neha Bora vs Ruchi Tiwari: Women’s Safety Hypocrisy Row

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Best Stripe Alternatives for Receiving Money in India (2026)

    Best Stripe Alternatives for Receiving Money in India (2026)

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    PM Modi, Swiss President Parmelin to Hold Talks Today; Trade, Technology and Mobility on the Table

    PM Modi, Swiss President Parmelin to Hold Talks Today; Trade, Technology and Mobility on the Table

    Rajouri Villager Abducted by Suspected Terrorists, Released After Being Used as a Guide; Massive Hunt On

    Rajouri Villager Abducted by Suspected Terrorists, Released After Being Used as a Guide; Massive Hunt On

    Indian Navy Evacuates Injured Vietnamese Sailor from Merchant Vessel Off Great Nicobar

    Indian Navy Evacuates Injured Vietnamese Sailor from Merchant Vessel Off Great Nicobar

    India, UAE Begin Two-Week Mountain Warfare Exercise in Uttarakhand

    India, UAE Begin Two-Week Mountain Warfare Exercise in Uttarakhand

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

States can choose to opt out of the GST – The latest from Justice Chandrachud

Rahul Gupta by Rahul Gupta
20 May 2022
in Analysis
states GST tax slab
Share on FacebookShare on X

The debate to interpret the type of Indian federalism is still going on, and on various occasions, the court has given varying judgments on varying principles related to the same. Although the nature of federalism is somewhat interpreted between unitary & classical federal principles but the final understanding of the same is yet to be decided.

In the case of Union of India & Anr versus M/s Mohit Minerals Pvt. Ltd, the Supreme Court of India has once again interpreted the Centre-State relations under the shadow of Cooperative & Collaborative federalism. Hearing the case related to the double taxation conflict, the Court has interpreted the GST (Goods & Services Tax) Council’s stature in the Indian Constitution in terms of persuasive and recommendatory not mandatory in nature.

RelatedPosts

Supreme Court Upholds Stray Dog Removal Order, Tightens Enforcement in Public Spaces

Uniform Civil Code Debate Rekindled: Supreme Court Calls It a Constitutional Ambition, Not a Religious Issue

Why Michel Danino Became the Centre of a Supreme Court Row Over a ‘Corruption in Judiciary’ Chapter

Load More

The Court’s argument against the Centre’s claim that the recommendations of the GST Council are binding on the Union and the States is that

  1. “It would violate the supremacy of Parliament and State legislatures since both have a simultaneous power to legislate on GST.”
  2. “It would violate the fiscal federalism of the States since the Center has a one-third vote share and the States collectively have a two-third vote share. Therefore, no recommendation on a three-fourths majority can be passed without the consent of the Center.”

Also Read: While Congress criticises GST, Manmohan presents an award to the GST Council

Another battlefield of Centre-State fight

It is pertinent to mention here that Article 279A was inserted in the Indian Constitution by the 101st Constitutional Amendment Act, 2016 and the article calls for the establishment of a GST Council which will consist of the Union Finance Minister (Chairperson), the Union Minister of State in charge of Revenue or Finance (Member) and the Minister in charge of Finance or Taxation or any other Minister nominated by each State Government (Members). Further, the State’s members of the GST council will choose one amongst themselves to be the Vice-Chairperson of the Council.

Moreover, the article provides that every decision of the 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”.

Although the government has said that “the court’s observations reiterated the scheme of things in the Constitution and GST laws” the expressed judgment will create another battlefield for the Centre-State relations.

Interpreting the GST Council in terms of Cooperative & Collaborative principles is true as the Council has been created with the consultation of both union and states on a consensus basis and the Article 368 itself provides that any Constitutional amendment which affects the powers of state shall be required to be passed by the Parliament with “a majority of the total membership of that house and by a majority not less than two-thirds of the members of that house present and voting and the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States”.

In a way, the Constitution itself gives the collective power to States to bargain with the Centre related to any authority provided under the law. And, the 101st Constitutional Amendment was passed with a proper consensus of States. Moreover, the Council created after the amendment expressly provides for consensus-based decisions.

Read Also: Modi government is set to bring petrol and diesel under the purview of GST

If the decision itself is taken by the two-third voting pattern then it is obvious that states are giving the full authority to the Council to act on the conscience of its members which reflects that each state is in the favour of the fact that they bind themselves with decisions of the Council.

Moreover, the insertion of Article 279A in the Constitution itself is the reflection of the fact that States & Centre are working on the principles of cooperative & collaborative federalism, interpreting the political contestation in terms of ‘uncooperative federalism’ is an exaggeration of the politics of parties in power.

Any alternate interpretation of the very provision of Article 279A will create a different setup of misunderstanding between States & the Centre ultimately creating a different battleground for political fights between parties in power in States and Centre.

The Supreme Court’s argument that “GST Council is not only an avenue for the exercise of cooperative federalism but also for political contestation across party lines” is problematic because politics for votes and financial requirements of States are complementary. If States have themselves given the authority to the Council to recommend any decision, then they are clearly on the consensus of the fact that decisions are binding.

If for the sake of politics, some States are opposed to the decision of the Council then it should not be made the deciding factor of the collective conscience of the GST Council.

The Court’s decision that the Council’s decisions are recommendatory will be made ground by the vested political parties to politicize the Council which will ultimately lead to the policy paralysis related to taxes. The formation of the GST Council is a true symbol of collaborative and cooperative federalism but the decision will be weaponized by the political parties to gain political mileage.

Tags: gstGST councilJustice ChandrachudState governmentsSupreme Court of IndiaUnion Government
ShareTweetSend
Previous Post

Dear Geography Champ Rahul Gandhi, let me explain what a state, a nation-state and a country are

Next Post

South Actress Sherin Shringar Biography and Career

Related Posts

Why India is eyeing a route over China’s Xinjiang to get around Pakistan’s airspace ban. Here’s why it isn’t simple
Analysis

Why India is eyeing a route over China’s Xinjiang to get around Pakistan’s airspace ban. Here’s why it isn’t simple

30 September 2026

Civil Aviation Minister Kinjarapu Ram Mohan Naidu said on Tuesday that India is in talks with China to use...

When the gun meant for the enemy turns inward: Kathua killings put India’s fratricide problem in uniform back in the spotlight
Analysis

When the gun meant for the enemy turns inward: Kathua killings put India’s fratricide problem in uniform back in the spotlight

30 September 2026

Four Central Industrial Security Force (CISF) personnel were shot dead by a colleague at the Sewa-II Hydroelectric Project in...

When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection
Analysis

When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

26 September 2026

The Central Tibetan Administration (CTA) formally objected to remarks from Ladakh's most prominent activist this week. CTA spokesperson Tenzin...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Hanuman Chalisa Kept Me Going': Flydubai Hero Smit

Hanuman Chalisa Kept Me Going': Flydubai Hero Smit

00:10:03

How Pakistan-Linked Drug Networks Are Targeting India | Coast Guard Deals a ₹3,000 Crore Blow

00:03:28

How SkyStriker Hunts Its Target: Inside India’s Loitering Munition

00:03:49

F-35 vs Rafale? Inside India’s Biggest Air Exercise

00:05:54

China and the Philippines Are Fighting a War With Maps, Not Missiles

00:05:55
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited