What is Article 270?
Historical Background
Key Points
12 points- 1.
Article 270(1) states that taxes referred to in the Union List, except those assigned to the States, shall be levied and collected by the Government of India.
- 2.
Article 270(2) provides for the distribution of net tax proceeds between the Union and the States as prescribed by the Finance Commission.
- 3.
The Finance Commission recommends the percentage of taxes to be devolved to the States (vertical devolution) and the criteria for distributing this share among the States (horizontal devolution).
- 4.
The divisible pool of taxes includes corporation tax, personal income tax, CGST, and IGST. Divisible pool means the taxes that are shared between the Union and the States.
- 5.
The percentage of net tax proceeds to be assigned to States has varied over time, based on the recommendations of different Finance Commissions. For example, the 15th Finance Commission recommended 41%.
- 6.
The criteria for horizontal devolution typically include factors like population, area, income distance, demographic performance, tax effort, and fiscal discipline.
- 7.
Cesses and surcharges levied by the Union are generally not part of the divisible pool, unless specifically recommended by the Finance Commission.
- 8.
The President of India constitutes the Finance Commission every five years or earlier, as deemed necessary.
- 9.
The recommendations of the Finance Commission are generally accepted by the government, but they are not binding.
- 10.
Article 270 ensures that States have adequate resources to fulfill their constitutional responsibilities, promoting balanced regional development.
- 11.
The implementation of GST has necessitated changes in the way taxes are shared, with IGST being a key component of the divisible pool.
- 12.
The article is closely linked to other articles in Part XII of the Constitution, which deals with finance, property, contracts, and suits.
Visual Insights
Comparison of Article 270 with related Articles
Comparison of Article 270 with Articles 268, 269, and 279A of the Constitution.
| Article | Subject Matter | Key Features |
|---|---|---|
| Article 268 | Duties levied by the Union but collected and appropriated by the States | Deals with duties like stamp duties and excise duties on medicinal and toilet preparations. Revenue goes entirely to the States. |
| Article 269 | Taxes levied and collected by the Union but assigned to the States | Deals with taxes like taxes on the sale or purchase of goods in the course of inter-State trade or commerce. Revenue is assigned to the States. |
| Article 270 | Taxes levied and collected by the Union and distributed between the Union and the States | Deals with taxes like income tax, corporation tax, CGST, and IGST. Revenue is shared between the Union and the States as per the Finance Commission's recommendations. |
| Article 279A | Goods and Services Tax Council | Deals with the constitution and functions of the GST Council, which makes recommendations on GST-related matters. |
Recent Developments
7 developmentsThe 15th Finance Commission submitted its report for the period 2021-26, recommending a vertical devolution of 41% of the divisible pool to the States.
The 16th Finance Commission, chaired by Dr. Arvind Panagariya, has submitted its report for the period 2026-31.
Debates continue regarding the inclusion of cesses and surcharges in the divisible pool, with States arguing for a larger share of revenue.
Discussions are ongoing about the criteria for horizontal devolution, particularly concerning the weightage given to factors like population and income distance.
The impact of GST on State finances and the need for compensation mechanisms remain key areas of focus.
The Union government is encouraging States to improve their fiscal management and reduce reliance on central transfers.
The Finance Commission is also looking at ways to incentivize States to promote sustainable development and address climate change.
