One Hundred and First Amendment of the Constitution of India

The Constitution (One Hundred and First Amendment) Act, 2016
Parliament of India
An Act further to amend the Constitution of India.
Citation	101st Amendment
Territorial extent	India
Enacted by	Lok Sabha
Date passed	8 August 2016
Enacted by	Rajya Sabha
Date passed	3 August 2016
Date assented to	8 September 2016
Date commenced	1 April 2017
Legislative history
Bill introduced in the Lok Sabha	The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014
Bill citation	Bill No. 192 of 2014
Bill published on	19 December 2014
Introduced by	Arun Jaitley
Committee report	Report of the Select Committee
Status: In force

The One Hundred and First Amendment of the Constitution of India, officially known as The Constitution (One Hundred and First Amendment) Act, 2016, introduced a national Goods and Services Tax in India from 1 April 2017.^[1][2][3][4]

The GST is a Value added Tax (VAT) and is proposed to be a comprehensive indirect tax levy on manufacture, sale and consumption of goods as well as services at the national level. It will replace all indirect taxes levied on goods and services by the Indian Central and State governments. It is aimed at being comprehensive for most goods and services.^[5][6]

Background

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Constitution of India
Preamble
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Related topics Union List State List Concurrent List Basic structure doctrine

An empowered committee was set up by the Atal Bihari Vajpayee administration in 2000 to streamline the GST model to be adopted and to develop the required back-end infrastructure that would be needed for its implementation.^[7][8]

In his budget speech on 28 February 2006, P. Chidambaram, the then Finance Minister, announced the target date for implementation of GST to be 1 April 2010 and formed another empowered committee of State Finance Ministers to design the roadmap. The committee submitted its report to the government in April 2008 and released its First Discussion Paper on GST in India in 2009.^[7] Since the proposal involved reform/ restructuring of not only indirect taxes levied by the Center but also the States, the responsibility of preparing a Design and Road Map for the implementation of GST was assigned to the Empowered Committee of State Finance Ministers (EC). In April, 2008, the EC submitted a report, titled "A Model and Road map for Goods and Services Tax (GST) in India" containing broad recommendations about the structure and design of GST. In response to the report, the Department of Revenue made some suggestions to be incorporated in the design and structure of proposed GST bill . Based on inputs from GoI and States, The EC released its First Discussion Paper on Goods and Services Tax in India on the 10th of November, 2009 with the objective of generating a debate and obtaining inputs from all stakeholders.

A dual GST module for the country has been proposed by the EC. This dual GST model has been accepted by centre. Under this model GST have two components viz. the Central GST to be levied and collected by the Centre and the State GST to be levied and collected by the respective States. Central Excise duty, additional excise duty, Service Tax, and additional duty of customs (equivalent to excise), State VAT, entertainment tax, taxes on lotteries, betting and gambling and entry tax (not levied by local bodies) would be subsumed within GST. Other taxes which will be subsumed with GST are Octroi, entry tax and luxury tax thus making it a single indirect tax in India.^[9]

In order to take the GST related work further, a Joint Working Group consisting of officers from Central as well as State Government was constituted. This was further trifurcated into three Sub-Working Groups to work separately on draft legislations required for GST, process/forms to be followed in GST regime and IT infrastructure development needed for smooth functioning of proposed GST. In addition, an Empowered Group for development of IT Systems required for Goods and Services Tax regime has been set up under the chairmanship of Dr. Nandan Nilekani.Amendment

Legislative history

The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014 was introduced in the Lok Sabha by Finance Minister Arun Jaitley on 19 December 2014, and passed by the House on 6 May 2015. In the Rajya Sabha, the bill was referred to a Select Committee on 14 May 2015. The Select Committee of the Rajya Sabha submitted its report on the bill on 22 July 2015. The bill was passed by the Rajya Sabha on 3 August 2016, and the amended bill was passed by the Lok Sabha on 8 August 2016.^[10]

The bill, after ratification by the States, received assent from President Pranab Mukherjee on 8 September 2016,^[11][12] and was notified in The Gazette of India on the same date.^[13]

Ratification

The Act was passed in accordance with the provisions of Article 368 of the Constitution, and has been ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. On 12 August 2016, Assam became the first state to ratify the bill, when the Assam Legislative Assembly unanimously approved it.^[14][15] State Legislatures that ratified the amendment are listed below:^[16]

States and union territories of India that have ratified the Goods and Services Tax Bill. The only union territories with the power to ratify the bill are Delhi and Puducherry.

  Ratified

  Unratified

See also

• Goods and Services Tax (India)
• Goods and Services Tax (Australia)
• Goods and Services Tax (Canada)
• Goods and Services Tax (Hong Kong)
• Goods and Services Tax (Malaysia)
• Goods and Services Tax (New Zealand)
• Goods and Services Tax (Singapore)

Notes

References

External links

• GST GOV
• CBEC GST Law