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According to the Seventh schedule of the Indian Constitution, the Legislative competence to levy a tax on betting and gambling is with which among the following:
- a)Parliament
- b)State legislatures
- c)Both the Parliament and the State Legislatures
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
According to the Seventh schedule of the Indian Constitution, the Legi...
- States are competent to tax lottery schemes operating within their territories as it amounts to an activity under “betting and gambling” which is a subject of taxation covered under the State List. Hence option (b) is the correct answer.
- When any state government permits the Government of India or any other state government to organize the lottery scheme in that State, Entry 62 of List II would enable the legislature of that particular state to levy taxes on the same. “Thus, ‘betting and gambling’ is a state subject except to the extent of it being denuded of its powers insofar as Entry 40 of List I is concerned (which relates to the regulation of lottery schemes where Parliament will have competence).”
- The state legislature has the competence to tax lottery scheme which is gambling being conducted not only by the Government of India or the government of any state or by any other agency or instrumentality of a particular state but also by a private entity within the state.
- Moreover, the Court noticed that there is no specific Entry for levy of tax on betting and gambling in List I (Union List) as it is specifically provided only in State List. Thus, Entry 62 of List II gives legislative competence to a state legislature to levy a tax on betting and gambling. At the same time, the bench clarified that Entry 40 of List I is meant only for the regulation of lotteries and this cannot be expanded to cover the power to levy taxes on lotteries by the Parliament. Gambling in India, being a state subject entitles the state to frame State-specific laws on betting and gambling. The Public Gambling Act, of 1867, is the central enactment on the subject, which prohibits all games of chance except lotteries and games of skill.
- The States in India have enacted their own legislations to regulate such activities and most of the states have an exemption for games of skill. These statutes are pretty old.
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According to the Seventh schedule of the Indian Constitution, the Legislative competence to levy a tax on betting and gambling is with which among the following:a)Parliamentb)State legislaturesc)Both the Parliament and the State Legislaturesd)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
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