THE GOODS AND SERVICES TAX: AN EMBODIMENT OF CO-OPERATIVE FEDERALISM IN INDIA
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Abstract
India witnessed a significant fiscal reform on July 1 2017 when The Goods and Services Tax (hereinafter GST) came out. GST being a consumption-based tax is being heralded as an emissary of a more efficient and productive scheme of taxation. GST has subsumed a large number of central and state taxes into a single tax which will help mitigate ill effects of cascading or double taxation in a major way; thereby developing a common national market. Passing of GST has taken India one step closer to realising the ambition of one economic India with ‘One Market’. GST is exemplary as to how the states and Centre have ceded their power to tax, resulting in creation of a quintessential taxation model.
Till now, fiscal powers between Centre and the States were clearly defined in the Constitution with almost no overlap between the respective domains. With the enforcement of GST arose the need for complementary amendments in the Constitution to underline the power of Centre and States to impose and collect GST concurrently. India follows a quasi-federal structure of governance which reconciles multiplicity, centralisation with decentralisation and nationalism with localism thus resulting in what is called co-operative federalism. With co-operative federalism being the fountainhead of Indian democracy, it becomes imperative to analyse the interplay of GST with co-operative federalism.
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