With reference to the State Legislatures in India, consider the follo...
- Statement 1 is correct: The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List, the state legislature has exclusive power to levy taxes on subjects enumerated in the State List, both can levy taxes on the subjects enumerated in Concurrent List whereas residuary power of taxation lies with Parliament only.
- Statement 2 is correct: The Constitution (One Hundred and first Amendment) Act, 2016 inserted a new article 246A in the Constitution. As per this article, the state legislatures have power to make laws with respect to goods and service tax imposed by the Union or by such State.
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With reference to the State Legislatures in India, consider the follo...
Statement 1: The state legislature can levy taxes on subjects enumerated in the Concurrent List.
The Constitution of India divides the legislative powers between the central government and the state governments. The subjects on which both the central and state governments can make laws are listed in the Concurrent List. These subjects include taxation, education, criminal law, marriage and divorce, bankruptcy and insolvency, etc.
The state legislature has the power to levy taxes on subjects enumerated in the Concurrent List. This means that the state government can impose taxes on these subjects within its jurisdiction. For example, the state government can levy taxes on goods and services that fall under the Concurrent List.
Therefore, statement 1 is correct.
Statement 2: The State Legislature has power to make laws with respect to goods and services tax imposed by the Union or by such state.
Goods and Services Tax (GST) is a comprehensive indirect tax that was introduced in India in 2017. It is levied on the supply of goods and services and is governed by the Goods and Services Tax Act, 2017.
The power to make laws with respect to GST is vested with the central government. The Parliament has the authority to make laws on the subject of GST. However, the State Legislature also has the power to make laws with respect to GST imposed by the Union or by the state.
This means that while the central government has the primary authority to make laws on GST, the state government can also make laws on GST within its jurisdiction. The state government can make laws to supplement or modify the central laws on GST, as long as they are consistent with the provisions of the Constitution.
Therefore, statement 2 is also correct.
Conclusion:
Both statements 1 and 2 are correct. The state legislature has the power to levy taxes on subjects enumerated in the Concurrent List, and it also has the power to make laws with respect to goods and services tax imposed by the Union or by the state. These powers are derived from the division of legislative powers between the central and state governments as provided in the Constitution of India.
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