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GST Council

Constitutional body

Article 279A

De jure
50
De facto
75
Volatility
15
Legitimacy
60

In theory

Chaired by the Union Finance Minister with all state Finance Ministers as members, recommending GST rates and rules under a weighted-voting system -- Centre holds one-third of the vote, states collectively hold two-thirds, and decisions need a three-fourths majority.

In practice

The Supreme Court held in Union of India v. Mohit Minerals (2022) that GST Council recommendations are advisory, not binding, on Parliament or state legislatures -- yet in practice no state has gone its own way on a Council decision to date, and the design leaves no state an individual veto, meaning a proposal only fails if 11 or more state finance ministers oppose it together.

Sources

  • Union of India v. Mohit Minerals Pvt. Ltd. (2022), Supreme Court of India
  • Constitution of India, Article 279A