Article 282 of Indian Constitution: Expenditure defrayable by the Union or a State out of its revenues

12/21/20233 min read

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Introduction

Article 282 of the Indian Constitution plays a crucial role in determining the expenditure that can be defrayed by the Union or a State out of its revenues. It provides guidelines and restrictions on how the government can allocate and spend its funds. This article is an essential aspect of fiscal management and ensures transparency and accountability in the financial operations of both the Union and the States.

Understanding Article 282

Article 282 states that the Union or a State can defray any expenditure out of its revenues, subject to the provisions of the Constitution. This means that the government can use its revenue to cover various expenses, but it must adhere to the constitutional guidelines while doing so. The purpose of this article is to prevent misuse of funds and maintain financial discipline.

Scope of Expenditure

The scope of expenditure covered by Article 282 is broad and encompasses various areas. Some of the key areas where the Union or a State can allocate funds include:

1. Administration and Governance

Under Article 282, the government can allocate funds for the administration and governance of the country or a particular state. This includes salaries and allowances of government officials, maintenance of government buildings, and other administrative expenses required to run the machinery of the government.

2. Social Welfare

Another important area where funds can be allocated is social welfare. This includes expenditure on schemes and programs aimed at improving the well-being of the citizens. Examples of such programs include healthcare initiatives, education schemes, poverty alleviation programs, and rural development projects.

3. Infrastructure Development

Article 282 allows the government to spend its revenues on infrastructure development. This includes the construction and maintenance of roads, bridges, railways, airports, and other public infrastructure projects. The government plays a crucial role in building and maintaining the infrastructure necessary for the overall development of the country.

4. Defense and Security

Ensuring the defense and security of the nation is one of the primary responsibilities of the government. Article 282 allows the Union or a State to allocate funds for defense-related expenses. This includes defense equipment procurement, salaries of armed forces personnel, and other expenses related to national security.

5. Debt Servicing

The government may also utilize its revenues to service its debt obligations. This includes the payment of interest and principal on loans taken by the government. Debt servicing is an important aspect of fiscal management, and Article 282 allows the government to prioritize these payments to maintain its creditworthiness.

Limitations and Accountability

While Article 282 grants the government the authority to defray expenditure out of its revenues, it also imposes certain limitations and ensures accountability. The government must adhere to the provisions of the Constitution while allocating and spending funds. Some of the key limitations and accountability measures include:

1. Constitutional Provisions

The government cannot spend funds in a manner that goes against the provisions of the Constitution. It must ensure that the expenditure is in line with the principles and guidelines set forth in the Constitution.

2. Audit and Oversight

To ensure accountability, the government's financial operations are subject to audit and oversight. The Comptroller and Auditor General (CAG) of India plays a crucial role in auditing the government's accounts and ensuring that the funds are utilized efficiently and effectively.

3. Legislative Approval

In most cases, the government requires legislative approval for budgetary allocations and expenditures. This ensures that there is a democratic process in place to scrutinize and approve the government's spending plans.

4. Public Disclosure

Transparency is a key aspect of financial management. The government is required to disclose its expenditure and financial statements to the public. This allows citizens to have a clear understanding of how their tax money is being utilized.

Conclusion

Article 282 of the Indian Constitution provides the framework for expenditure defrayable by the Union or a State out of its revenues. It allows the government to allocate funds for various purposes such as administration, social welfare, infrastructure development, defense, and debt servicing. However, this authority is subject to constitutional provisions, audit and oversight, legislative approval, and public disclosure. By adhering to these guidelines, the government ensures transparency, accountability, and responsible financial management.