As per Article 279A (1) of the amended Constitution, the GST Council h...
Article 279A (1) of the Indian Constitution pertains to the establishment of the Goods and Services Tax (GST) Council. The GST Council is responsible for making recommendations on various aspects of the GST, such as tax rates, exemption thresholds, and administrative issues.
The correct answer is option 'C', which states that the President is required to constitute the GST Council within 60 days of the commencement of Article 279A. This means that the President must form the GST Council within two months of the provision coming into effect.
Here is a detailed explanation of the answer:
- Constitution of the GST Council: Article 279A (1) of the Constitution states that the President shall constitute a GST Council within 60 days of the commencement of Article 279A.
- Commencement of Article 279A: The commencement of Article 279A refers to the date on which this specific provision of the Constitution comes into effect. In the case of the GST Council, it came into effect on 12th September 2016.
- President's role: The President of India is responsible for constituting the GST Council. The President has the authority to appoint the members of the Council, including the Chairperson, who is the Union Finance Minister.
- Timeframe: As per the Constitution, the President has a maximum of 60 days from the commencement of Article 279A to form the GST Council. This means that the President must complete the process of constituting the Council within this timeframe.
- Importance of timely constitution: The timely constitution of the GST Council is crucial for the effective implementation of the GST regime. The Council plays a vital role in decision-making regarding the GST, including the determination of tax rates and the resolution of any disputes that may arise between the Central and State governments.
- Composition of the GST Council: The GST Council consists of members representing both the Central and State governments. The Union Finance Minister is the Chairperson of the Council, while the Union Minister of State for Finance and Ministers in charge of Finance or Taxation from each State are its members.
- Decision-making process: The GST Council operates on the principle of consensus, with each member having one vote. Important decisions, such as those related to tax rates and exemptions, require a three-fourths majority for approval.
- Recommendations and implementation: The GST Council makes recommendations on various aspects of the GST, and these recommendations are then implemented by the respective governments through legislation and administrative measures.
In conclusion, as per Article 279A (1) of the Constitution, the GST Council must be constituted by the President within 60 days of the commencement of Article 279A. The timely constitution of the GST Council is crucial for the effective implementation of the GST regime in India.
As per Article 279A (1) of the amended Constitution, the GST Council h...
According to Article 279A (1) of the amended Constitution, the GST Council has to be constituted by the President within 60 days of the commencement of Article 279A.