Chapter 45 Finance Commission

Category: Indian Polity

Article 280 of the Constitution of India establishes the Finance Commission, which is an important body tasked with overseeing the distribution of financial resources between the central government and the states. This commission operates as a quasi-judicial body, meaning it holds a kind of authority akin to a court to make decisions based on facts, figures, and economic principles.

The Finance Commission is appointed by the President of India every five years. However, the President has the discretion to set up the commission earlier if there are pressing financial issues that need addressing. As of now, there have been fifteen Finance Commissions formed since the Constitution came into effect. Each of these commissions has played a crucial role in shaping the financial landscape of India through their reports and recommendations.

The primary purpose of the Finance Commission is to recommend how the revenues collected by the central government should be shared with the states. This includes discussing the distribution of tax revenues, grants-in-aid to states, and various ways to improve fiscal stability and promote equitable economic growth across the nation.

The Finance Commission examines several important factors such as the population of states, their revenue-generating capacity, and the need for equalization, which aims to reduce disparities among states in terms of financial resources. This is vital for maintaining a sense of fairness and promoting development in less affluent regions.

Several articles in the Constitution outline the powers and functions of the Finance Commission. Beyond Article 280, Article 281 specifies that the recommendations made by the Finance Commission are to be laid before both Houses of Parliament. Additionally, Article 282 permits the Union or state governments to make grants for specified purposes even without legislative approval, reflecting the importance of financial decisions in governance.

The proceedings and recommendations of the Finance Commission are also crucial as they hold the potential to affect the financial well-being of every state. Each commission’s reports are carefully analyzed by the government in power, which then decides on implementing these recommendations in the upcoming budget cycles.

The fifteen Finance Commissions have had different chairpersons, each bringing their own expertise to the table. The first Finance Commission was established in 1951, and since then, the subsequent commissions have included notable economists and administrators, each tasked with evaluating the fiscal needs of the country at their respective times.

In conclusion, the Finance Commission plays a key role in ensuring that the financial framework of India is balanced and equitable. It seeks to address the diverse needs of various states and helps in steering the country towards economic stability and prosperity. The recommendations of these commissions not only reflect the financial realities of the time but also aid in shaping the fiscal policies of the Indian government, impacting the lives of millions across the nation.

Composition of the Finance Commission

The Finance Commission is an important body in India that plays a key role in determining how the financial resources of the country are distributed between the central government and the states. The commission is made up of a chairman and four other members, all of whom are appointed by the President of India. Their term in office is determined by the President, who specifies how long they will serve through an official order. The members of the commission can also be reappointed for another term.

The Constitution of India gives the Parliament the authority to set the qualifications for the members of the Finance Commission, as well as to decide how they should be chosen. This means that the Parliament has laid out specific criteria that the chairman and the other members must meet. The qualifications for the chairman require that he or she must have experience in public affairs, ensuring that they have a good understanding of governance and public finance.

The four members of the Finance Commission should be selected from people with certain expertise. The qualifications for these members include:

  1. Judicial Expertise: One member should either be a judge from a High Court or have the qualifications to be appointed as one. This ensures that there is a legal perspective in the financial decision-making process.

  2. Financial Knowledge: Another member should have specialized knowledge of government finance and accounting. This knowledge is crucial for understanding how the government's finances are managed and for making informed recommendations.

  3. Experience in Financial Administration: The third member must possess considerable experience in financial matters and administration. This person’s background will help guide the commission in practical approaches to financial governance.

  4. Economic Expertise: The fourth member must have special knowledge of economics. This expertise is essential for understanding economic trends and their impact on financial policies.

The Finance Commission operates under Article 280 of the Indian Constitution, which provides the framework for its establishment and function. The commission is set up every five years, or at any other time as the President sees fit. Its recommendations are essential and carry significant weight, as they help shape the distribution of financial resources between the central and state governments.

The recommendations made by the Finance Commission influence the allocation of funds for various development programs and projects across states, thereby playing a vital role in the country’s economic planning and fiscal strategy. Furthermore, the commission ensures that states, especially those that are less developed, receive appropriate resources to support their growth and development.

In summary, the Finance Commission is a key institution in India's democratic framework, helping to balance financial resources across different levels of government while ensuring that experienced and knowledgeable individuals are making decisions based on sound economic and financial principles.

Functions of the Finance Commission in India

The Finance Commission plays an important role in the financial governance of India. Its primary responsibility is to provide advice to the President of India on various financial matters. The Finance Commission's work is guided by Article 280 of the Indian Constitution, which sets the framework for its establishment and functions.

One of the key functions of the Finance Commission is to recommend how the money collected from taxes should be divided between the central government and the individual states. This involves deciding what percentage of tax revenues the central government keeps and how much is shared with the states. Furthermore, the Finance Commission also looks at how these shared proceeds should be allocated among the different states. This ensures that all states receive their fair share of funds and promotes balanced economic growth across the country.

In addition to tax distribution, the Finance Commission also recommends the principles that should guide grants-in-aid to states by the central government. These grants, which come from the Consolidated Fund of India, are important for states that may not have enough resources to meet their financial needs. The Finance Commission assesses the requirements of various states to ensure that financial support is provided where it is most needed.

Another significant function of the Finance Commission is to suggest measures to increase the financial resources of state governments. This includes recommendations to improve the areas of local governance, such as panchayats (rural local governments) and municipalities (urban local bodies). These recommendations are based on the findings of the state finance commissions, which evaluate local financial conditions and needs.

Moreover, the Finance Commission can also consider any other financial matters that the President of India might refer to it for advice. This flexibility allows the Commission to address pressing financial issues that may arise from time to time.

Until 1960, the Finance Commission had an additional responsibility. It recommended certain grants for the states of Assam, Bihar, Odisha, and West Bengal. These states received specific grants to compensate for the loss of revenue due to a lack of shares in the export duty on jute and jute products. These grants were meant to be temporary, lasting for ten years from the start of the Constitution.

Once the Finance Commission completes its work, it submits its report to the President of India. The President then presents this report before both Houses of Parliament, along with an explanatory memorandum detailing the actions taken on the Commission's recommendations. This process ensures transparency and allows legislative bodies to discuss the financial guidelines proposed by the Finance Commission.

In summary, the Finance Commission plays a vital role in the distribution of financial resources in India. Through its recommendations on tax sharing, grants-in-aid, local governance funding, and other financial matters, it helps ensure that the financial framework of India remains fair and effective for all states. This is crucial for fostering balanced development and economic stability in the country.

Advisory Role of the Finance Commission in India

The Finance Commission in India plays an important role in the distribution of financial resources between the central government and the states. However, it is essential to understand that the suggestions made by the Finance Commission are purely advisory. This means that the government is not legally required to follow these recommendations. The Union government has the final say in whether or not to act on the Finance Commission's advice regarding the allocation of funds to the states.

According to the Indian Constitution, there is no requirement stating that the suggestions from the Finance Commission must be accepted or that states have a legal right to receive the recommended funds. This aspect highlights the discretionary nature of the recommendations made by the Finance Commission.

Dr. P.V. Rajamannar, who served as the Chairman of the Fourth Finance Commission, pointed out an important principle: the recommendations of the Finance Commission should be respected and not dismissed unless there are very strong reasons for doing so. This underscores the significance of the Finance Commission’s function as a constitutional authority that balances fiscal responsibilities between the central and state governments.

The Indian Constitution outlines the establishment and functioning of the Finance Commission under Article 280. This article mandates the formation of the commission every five years to assess the financial situation of the states and make recommendations on how to distribute taxes and grants. The objective is to maintain a balance in fiscal federalism, ensuring that both the center and the states have the resources necessary to function effectively.

Historically, the role of the Finance Commission was somewhat overshadowed by the Planning Commission, which existed prior to 2014. The Planning Commission was a non-constitutional body and did not have a formal legal status, leading to some confusion about the roles and responsibilities regarding fiscal transfers. Dr. Rajamannar noted that this overlap created challenges in clarity of duties between the Finance Commission and the Planning Commission.

In 2015, the Planning Commission was replaced by the NITI Aayog, which stands for the National Institution for Transforming India. Unlike its predecessor, the NITI Aayog operates with a broader agenda, focusing on cooperative federalism and strategic planning rather than strictly controlling resource allocation. It emphasizes collaborative efforts among states and between states and the central government to achieve economic development.

This evolution from the Planning Commission to the NITI Aayog has clarified the roles of different fiscal bodies. While the Finance Commission remains crucial for fiscal transfers, the NITI Aayog promotes a more dynamic and inclusive approach to policy-making and facilitates sustainable development initiatives across India.

In summary, the Finance Commission serves as a vital advisory body within India's fiscal framework, ensuring a fair distribution of financial resources while being mindful of the balance of power in federal governance. Its status as an advisory entity allows for flexibility, though its recommendations are generally respected and hold significant weight in discussions around economic policy and resource allocation.