GST Council
Constitutional body
Article 279A
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.
Checks and balances
This office checks
→ Chief Minister (State) States surrendered independent tax-rate-setting power to this body in exchange for GST revenue-sharing.Checked by
None recorded yet.
Sources
- Union of India v. Mohit Minerals Pvt. Ltd. (2022), Supreme Court of India
- Constitution of India, Article 279A