What is Constitutional Amendment Act, 2016?
Historical Background
Key Points
12 points- 1.
The amendment inserted a new Article 246A in the Constitution, granting concurrent powers to the Parliament and the State Legislatures to make laws with respect to GST. This means both the central government and state governments can legislate on GST.
- 2.
It also inserted Article 279A, which empowered the President to constitute a Goods and Services Tax Council (GST Council). The GST Council is a crucial body responsible for making recommendations on various aspects of GST, including rates, exemptions, and thresholds. It consists of the Union Finance Minister (as chairperson), the Union Minister of State in charge of Revenue or Finance, and the Minister in charge of Finance or Taxation of each State government.
- 3.
The amendment abolished several existing taxes, including central excise duty, service tax, additional customs duty, state value-added tax (VAT), entertainment tax, and purchase tax. This simplification aimed to reduce compliance costs and improve tax efficiency.
Visual Insights
Key Changes Introduced by the Constitutional Amendment Act, 2016 (GST Act)
A comparison table highlighting the key changes introduced by the Constitutional Amendment Act, 2016, which paved the way for the implementation of GST in India.
| Feature | Pre-GST Regime | Constitutional Amendment Act, 2016 (GST) |
|---|---|---|
| Tax Structure | Multiple indirect taxes levied by Centre and States (Excise Duty, VAT, Service Tax, etc.) | Single, comprehensive tax (GST) levied on supply of goods and services |
| Tax Incidence | Cascading effect of taxes (tax on tax) | Elimination of cascading effect through Input Tax Credit (ITC) |
| Tax Base | Narrow tax base with many exemptions | Broader tax base with fewer exemptions |
| Tax Administration | Complex and fragmented tax administration | Simplified and harmonized tax administration |
| Constitutional Provisions | Separate taxation powers for Centre and States | Concurrent taxation powers for Centre and States (Article 246A) |
| Governing Body |
Recent Developments
10 developmentsIn February 2026, India's gross GST collection rose to ₹1.83 lakh crore, marking an 8.1% increase compared to the same period last year, driven by higher import revenues and improved domestic sales.
Effective September 2025, GST rates on approximately 375 items were reduced, aiming to make goods more affordable for consumers.
The four original GST tax slabs of 5%, 12%, 18%, and 28% have been partially merged, resulting in two primary slabs of 5% and 18%, with a higher slab of 40% reserved for select ultra-luxury goods and tobacco products.
In February 2026, gross domestic revenue from GST stood at ₹1.36 lakh crore, reflecting a 5.3% increase, while gross import revenue surged by 17.2% to ₹47,837 crore.
Total refunds related to GST in February 2026 amounted to ₹22,595 crore, representing a 10.2% year-on-year increase.
This Concept in News
1 topicsAppeared in 1 news topics from Mar 2026 to Mar 2026
Source Topic
February GST Collection Increases by 8.1% to ₹1.83 Lakh Crore
EconomyUPSC Relevance
Frequently Asked Questions
121. Why was the Constitutional Amendment Act, 2016 (GST Act) necessary when the government could have simply passed a new law?
The Constitutional Amendment Act, 2016 was necessary because it altered the fundamental division of taxation powers between the Union and the States. Before GST, the power to tax goods lay primarily with the States, and the power to tax services lay with the Union. GST required concurrent powers, meaning both could tax goods and services. This required amending the Constitution to insert Article 246A, granting these concurrent powers. A simple law would have been challenged as unconstitutional due to the existing division of powers.
2. Article 279A established the GST Council. What happens if the Union Government and the States disagree on a GST rate? How is this deadlock resolved, and what are the potential implications?
Article 279A mandates that the GST Council makes decisions with a 75% majority, with the Union Government having one-third of the votes and the States having two-thirds. A deadlock occurs if a decision doesn't reach this majority. There isn't a clearly defined mechanism to resolve such deadlocks within the Act itself. In practice, consensus-building and negotiation are used. Prolonged deadlocks can lead to delayed implementation of crucial reforms, uncertainty for businesses, and potential economic disruption. It can also lead to Centre-State relations being strained.
