Finance Commission

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Finance Commission

The Finance Commission of India is a constitutional and quasi-judicial body established under Article 280 of the Constitution of India. It is constituted by the President of India every fifth year, or earlier if deemed necessary, to ensure a fair and equitable distribution of financial resources between the Union and the States.

The Commission plays a crucial role in maintaining fiscal federalism by recommending principles for sharing tax revenues, providing grants-in-aid, and ensuring financial stability within India’s cooperative federal structure

Article 280 in Constitution of India

Finance Commission

(1)The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier, time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.
(2)Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.
(3)It shall be the duty of the Commission to make recommendations to the President as to–
(a)the distribution between the Union and the Stales of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds;
(b)the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;
(bb)the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;
(c)the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;
(d)any other matter referred to the Commission by the President in the interests of sound finance.
(4)The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.

Composition of the Finance Commission

The Finance Commission of India consists of a Chairman and four other members, all of whom are appointed by the President of India. They hold office for such period as specified by the President in the order of appointment and are eligible for reappointment.

The Constitution (Article 280) empowers the Parliament to determine the qualifications of the members and the manner of their selection. Accordingly, the qualifications have been laid down in the Finance Commission (Miscellaneous Provisions) Act, 1951.

Qualifications:

  • Chairman – A person having experience in public affairs.
  • Four Members – Selected from among the following categories:
    • A Judge of a High Court or one qualified to be appointed as such.
    • A person having specialised knowledge of finance and government accounts.
    • A person with wide experience in financial and administrative matters.
    • A person with special knowledge of economics.

Functions of the Finance Commission

The Finance Commission of India is entrusted under Article 280(3) of the Constitution with making recommendations to the President of India on the following key matters:

  1. Distribution of Tax Revenues:
    • Determining the distribution of the net proceeds of taxes between the Centre and the States, and the allocation of the respective shares among the States.
  2. Principles for Grants-in-Aid:
    • Recommending the principles that should govern the grants-in-aid to the States by the centre out of the Consolidated Fund of India.
  3. Augmentation of State Consolidated Funds:
    • Suggesting measures to augment the Consolidated Fund of a State to supplement the resources of Panchayats and Municipalities, based on the recommendations of the State Finance Commission.
  4. Any Other Matter Referred by the President:
    • Advising on any matter referred to it by the President in the interests of sound finance.

Historical Function:

Until 1960, the Finance Commission also recommended grants to the States of Assam, Bihar, Odisha, and West Bengal in lieu of their share in export duties on jute and jute products. These grants were meant for a temporary period of ten years from the commencement of the Constitution.

Submission of Report

The Commission submits its report to the President of India, who then lays it before both Houses of Parliament, along with an explanatory memorandum detailing the action taken on its recommendations.

Advisory Role of the Finance Commission

The recommendations of the Finance Commission of India are advisory in nature and not binding on the government.

In constitutional terms:

“It is nowhere laid down in the Constitution that the recommendations of the Commission shall be binding upon the Government of India, or that they create a legal right for the States to receive the money recommended to be given to them.”

However, as noted by Dr. P.V. Rajamannar, Chairman of the Fourth Finance Commission,

“Since the Finance Commission is a constitutional body expected to be quasi-judicial, its recommendations should not be turned down by the Government of India unless there are very compelling reasons.”

The Constitution envisages the Finance Commission as the balancing wheel of fiscal federalism in India. Yet, for several decades, its role in Centre–State financial relations was diluted by the presence of the Planning Commission — a non-constitutional and non-statutory body.

Overlap with the Planning Commission:

Dr. Rajamannar had also observed that there was a considerable overlapping of functions between the Finance Commission and the Planning Commission, especially in federal fiscal transfers.

In 2015, the Planning Commission was replaced by the NITI Aayog (National Institution for Transforming India), restoring the Finance Commission’s central role as the constitutional mechanism for fiscal devolution and resource transfer in India.

Role in Fiscal Federalism

The Finance Commission serves as an instrument of fiscal balance between the Centre and the States by:

  • Ensuring an equitable vertical distribution (between Centre and States) and horizontal distribution (among States).

  • Promoting fiscal discipline among States.

  • Providing incentives for performance in areas like revenue mobilization, population control, and sustainable development.

  • Strengthening local governance by recommending resource transfers to Panchayati Raj Institutions and Urban Local Bodies.

The Finance Commission stands as a cornerstone of India’s fiscal federal framework, ensuring that financial resources are distributed in a balanced, just, and efficient manner. Its recommendations promote cooperative federalism, fiscal discipline, and inclusive development — vital for maintaining India’s economic unity within its political diversity.

FAQs

1. Who appoints the Finance Commission of India?

The President of India appoints the Finance Commission under Article 280 of the Constitution.

2. How often is the Finance Commission constituted?

Every five years, or earlier if the President considers it necessary.

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