GS Paper 2 15 marks · 250w 14 min Medium
Explain the salient features of the Constitution (One Hundred and First Amendment) Act, 2016. Do you think it is efficacious enough “to remove cascading effect of taxes and provide for common national market for goods and services”?
Subtopic: Constitution & Polity · GST & fiscal federalism
How to structure your answer
Introduction → Salient features: Articles 246A, 269A, 279A and subsumed taxes → GST Council as institutionalised cooperative federalism → Efficacy: input tax credit, common national market gains → Persisting gaps: exclusions, multiple slabs, compliance burden → Conclusion
Written within the word limit
288 words · target 250 words · 14 min
The Constitution (One Hundred and First Amendment) Act, 2016 created the constitutional architecture for the Goods and Services Tax (GST), the deepest restructuring of India's indirect taxation since Independence.
Salient Features
- Article 246A confers concurrent power on Parliament and State legislatures to legislate on GST; Parliament alone legislates for inter-State supplies.
- Article 269A provides for an Integrated GST on inter-State trade, levied and collected by the Union and apportioned between the Union and the States.
- Article 279A creates the GST Council — the Union Finance Minister as chairperson with State finance ministers — where the Union holds one-third and the States two-thirds of the votes, and decisions need a three-fourths majority: an institutionalised form of cooperative federalism.
- It subsumed 17 Central and State levies, including central excise, service tax, State VAT, entry tax and octroi.
- Alcohol for human consumption is excluded; five petroleum products await inclusion on the Council's recommendation. States were guaranteed compensation for revenue loss for five years.
Is It Efficacious?
- Cascading is substantially removed: seamless input tax credit now flows across goods, services and State borders.
- A common national market has emerged — inter-State check posts were abolished, e-way bills cut logistics delays, and daily truck travel distances rose sharply.
- The tax base has more than doubled to over 1.4 crore registrations, and monthly collections have stabilised near ₹2 lakh crore.
Persisting Gaps
- Multiple rate slabs and frequent changes dilute the one-nation-one-tax ideal; inverted duty structures lock up refunds.
- Petroleum, electricity, alcohol and real estate remain outside, so cascading persists in energy and construction value chains.
- Compliance burden weighs on small enterprises, and compensation disputes have strained Centre-State trust.
The amendment is largely efficacious in its twin goals; rate rationalisation and phased inclusion of the excluded items would complete the common market it promised.
What an examiner expects to see
- Article 246A grants concurrent GST power to Parliament and State legislatures; Parliament exclusive over inter-State supplies
- Article 269A: IGST on inter-State trade levied and collected by the Union, apportioned between Union and States
- Article 279A GST Council — Union one-third and States two-thirds voting weight, three-fourths majority — a model of cooperative federalism
- 17 Central and State taxes subsumed; alcohol excluded, five petroleum products deferred to Council's recommendation
- Five-year revenue compensation guarantee to States (GST Compensation Act, 2017)
- Seamless input tax credit removes cascading; abolition of check posts and e-way bills build a common national market
- Limits: multiple slabs, exclusions of petroleum/electricity/real estate, inverted duty structures, compliance burden on small firms
Concrete cases, schemes and judgments
- Monthly GST collections stabilising near ₹2 lakh crore, with April months repeatedly setting records
- Registered taxpayers grew from about 65 lakh at launch to over 1.4 crore
- Abolition of inter-State check posts sharply cut truck transit times; e-way bill system digitised freight movement
- Union of India v. Mohit Minerals (2022): Supreme Court held GST Council recommendations are not binding, underlining cooperative federalism
- GST Compensation Act, 2017 and the extension of the compensation cess for repaying pandemic-era borrowings
Terminology to weave into the answer
cooperative federalisminput tax creditcascading effectGST Councilone nation one taxdestination-based taxation