Article 280 of Indian Constitution: Finance Commission
Article 280 Finance Commission – Constitution Of India
(1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.
(2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.
(3) It shall be the duty of the Commission to make recommendations to the President as to—
(a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds;
(b) the principles which should govern the grantsin-aid of the revenues of the States out of the Consolidated Fund of India;
(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;
(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;
(d) any other matter referred to the Commission by the President in the interests of sound finance.
(4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.
What is Article 280 of Indian Constitution
Article 280 of the Indian Constitution deals with the “Finance Commission.” It outlines the establishment and functions of the Finance Commission, which is a constitutional body responsible for recommending the distribution of financial resources between the central government and the state governments in India. Here are the key points covered in Article 280:
- Composition of the Finance Commission:
- The President of India appoints the Finance Commission.
- The Commission consists of a Chairman and four other members who are appointed by the President.
- The qualifications and disqualifications of the Chairman and members are determined by the President.
- Functions of the Finance Commission:
- The primary function of the Finance Commission is to recommend the distribution of the net proceeds of taxes between the Union (central government) and the States (state governments) and among the States themselves.
- It also makes recommendations on the principles that should govern the grants-in-aid to states from the central government’s Consolidated Fund.
- The Commission can be asked to examine any other matter related to finances that the President may refer to it.
- Determination of Principles: The Commission determines the principles governing the distribution of resources based on factors like population, area, revenue generation capacity, fiscal discipline, and other relevant considerations.
- Report Submission: The Finance Commission submits its report to the President, who then lays it before both Houses of Parliament (Lok Sabha and Rajya Sabha).
- Recommendations Binding: The recommendations of the Finance Commission are typically binding on the government, and the President’s orders are issued to give effect to these recommendations.
- Duration and Frequency: The President determines the term and conditions of service of members of the Finance Commission. The Commission is typically constituted every five years or as specified by the President.
Constitution Of India Part 12 Finance, Property, Contracts And Suits – Articles 264 to 300