Subject: Indian Polity

The 101st Constitutional Amendment Act represents a landmark reform in India's fiscal federalism through the introduction of Goods and Services Tax (GST), marking a paradigm shift from the complex multi-layered indirect tax system to a unified tax regime.

Key Features and Significance

• Constitutional Provisions: The amendment introduced Article 246A which confers concurrent taxing powers to both Parliament and State legislatures for levying GST.

• Institutional Framework: Establishment of the GST Council under Article 279A as a federal body with representation from both Centre and States, embodying cooperative federalism.

• Tax Harmonization: Replaced multiple taxes like VAT, Service Tax, and Central Excise with a unified GST structure, creating a common national market.

• Economic Integration: Elimination of cascading effect of taxes and reduction in compliance burden, promoting ease of doing business.

Reflection of Accommodative Federalism

• Shared Sovereignty:

  • Both Centre and States share concurrent powers to levy GST, respecting federal autonomy.
  • Revenue sharing mechanism ensures fiscal stability of states through compensation.

• Collaborative Decision Making:

  • The GST Council's structure (Centre-33%, States-67% voting share) ensures balanced representation.
  • Decisions are taken by three-fourth majority, promoting consensus-building.

• Challenges to Federal Spirit:

  • States' concerns about loss of fiscal autonomy and revenue uncertainty.
  • The Supreme Court's ruling on state VAT amendments post-GST implementation highlights jurisdictional complexities.

Way Forward

• Strengthening Federal Framework:
  • Need for regular review of compensation mechanism.
  • Enhanced role of states in decision-making process.
  • Resolution of jurisdictional disputes through constitutional mechanisms.

The 101st Amendment exemplifies the evolution of Indian federalism from rigid demarcation to cooperative federalism, as evidenced by the successful implementation of "One Nation, One Tax" through consensus-building between Centre and States, though challenges remain in achieving perfect federal harmony.