Article 270 of the Indian Constitution: Taxes Levied and Distributed between the Union and the States

12/21/20233 min read

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Introduction

The Indian Constitution is the supreme law of the country that lays down the framework for governance and defines the powers and responsibilities of various entities. Article 270 of the Indian Constitution deals with the distribution of taxes between the Union and the States. It provides the necessary guidelines for the collection and allocation of revenue, ensuring a balanced fiscal relationship between the central government and the state governments.

Taxes Levied by the Union

Article 270 empowers the Union government to levy and collect various taxes, which include:

  • Income Tax: Income tax is a direct tax imposed on the income of individuals, companies, and other entities. It is one of the major sources of revenue for the Union government.
  • Customs Duties: Customs duties are levied on the import and export of goods. These duties help regulate trade and generate revenue for the central government.
  • Central Excise: Central excise is a tax levied on the production and manufacture of goods within the country. It is an indirect tax that is ultimately borne by the consumers.
  • Service Tax: Service tax is imposed on certain services provided by service providers. It is a significant source of revenue for the Union government.

Taxes Levied by the States

While the Union government has the authority to levy and collect certain taxes, the state governments also have the power to impose taxes within their respective territories. Some of the taxes levied by the states include:

  • Value Added Tax (VAT): VAT is a tax imposed on the sale of goods within a state. It is a significant source of revenue for the state governments.
  • Stamp Duty: Stamp duty is levied on various instruments such as property transactions, agreements, and other legal documents. The rates and collection of stamp duty vary across states.
  • State Excise: State excise is a tax imposed on the production and sale of alcohol and other alcoholic beverages. The revenue generated from state excise contributes to the state's finances.
  • Entertainment Tax: Entertainment tax is levied on the exhibition of movies, shows, and other forms of entertainment. It is collected by the state governments.

Distribution of Taxes

Article 270 of the Indian Constitution provides for the distribution of taxes between the Union and the States. The taxes collected by the Union government are distributed among the states based on the recommendations of the Finance Commission.

The Finance Commission, constituted under Article 280 of the Constitution, is responsible for recommending the distribution of taxes between the Union and the States. It takes into account various factors such as the population, income levels, and fiscal capacity of the states while making its recommendations.

The Finance Commission's recommendations are binding on the Union government, and it is the responsibility of the President to ensure the distribution of taxes in accordance with these recommendations.

Importance of Article 270

Article 270 plays a crucial role in maintaining a balanced fiscal relationship between the Union and the States. It ensures that the resources are distributed in a fair and equitable manner, taking into account the varying needs and capacities of different states.

By providing a mechanism for the distribution of taxes, Article 270 promotes fiscal federalism and decentralization of power. It allows the state governments to have a certain degree of financial autonomy and enables them to fulfill their constitutional obligations effectively.

Furthermore, the allocation of taxes based on the recommendations of the Finance Commission ensures that the states with lower fiscal capacities receive adequate financial support from the Union government. This helps in reducing regional disparities and promoting overall economic development.

Conclusion

Article 270 of the Indian Constitution is a crucial provision that governs the distribution of taxes between the Union and the States. It ensures a balanced fiscal relationship and promotes fiscal federalism. The taxes levied by the Union and the States play a significant role in generating revenue and meeting the financial needs of the government at various levels. The allocation of taxes based on the recommendations of the Finance Commission ensures that resources are distributed in a fair and equitable manner, contributing to the overall development of the country.