Consider the following statements. As a mark of cooperative federalism, the GST Council shall, through a majority of 51% of weighted votes, decide on all matters pertaining to GST and recommend such decisions to the Union and State governments. The recommendations of the GST Council are binding on the Union and States Governments.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?

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Consider the following statements.

As a mark of cooperative federalism, the GST Council shall, through a majority of 51% of weighted votes, decide on all matters pertaining to GST and recommend such decisions to the Union and State governments.
The recommendations of the GST Council are binding on the Union and States Governments.

Which of the above statements is/are correct?

a)
1 only
b)
2 only
c)
Both 1 and 2
d)
Neither 1 nor 2

Correct answer is option 'D'. Can you explain this answer?

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Consider the following statements. As a mark of cooperative federalism...

Explanation:

Statement 1: As a mark of cooperative federalism, the GST Council shall, through a majority of 51% of weighted votes, decide on all matters pertaining to GST and recommend such decisions to the Union and State governments.
This statement is incorrect. The GST Council is a constitutional body that consists of the Union Finance Minister, the Minister of State in charge of revenue or finance, and the finance ministers of each state. The Council is responsible for making recommendations on the design and implementation of GST. However, the final decision-making authority lies with the Union and State governments. The Council's recommendations are not binding on the governments, but they hold significant weight and are usually accepted.

Statement 2: The recommendations of the GST Council are binding on the Union and State Governments.
This statement is also incorrect. The recommendations of the GST Council are not legally binding on the Union and State governments. However, in practice, the governments usually accept and implement the recommendations of the Council. This is because the Council consists of representatives from both the Union and State governments, and decisions are made through a process of consensus. The Council's recommendations are considered to be the result of a cooperative federalism approach, where both the Union and State governments work together to make decisions on GST.

Therefore, neither statement 1 nor statement 2 is correct. The GST Council does not have the authority to decide on all matters pertaining to GST or to bind the Union and State governments with its recommendations.

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Consider the following statements. As a mark of cooperative federalism...

The Supreme Court of India has ruled that, The recommendations of the GST Council are not binding on either the Union or the States.
Article 279A stipulates the creation of the GST Council and its functions. The Council has to function as a platform to bring the Union and State governments together, and as a mark of cooperative federalism, the Council shall, unanimously or through a majority of 75% of weighted votes, decide on all matters pertaining to GST and recommend such decisions to the Union and State governments.

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Consider the following statements. As a mark of cooperative federalism, the GST Council shall, through a majority of 51% of weighted votes, decide on all matters pertaining to GST and recommend such decisions to the Union and State governments. The recommendations of the GST Council are binding on the Union and States Governments.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?

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