 bill no 192 of 2014 the  constitution  (one  hundred  and  twenty-second amendment)  bill,  2014 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (one hundred and twenty-second amendment) act, 2014(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the commencement of that provision2 after article 246 of the constitution, the following article shall be inserted, namely:—insertion of new article246aparliament, and, subject to clause (2), the legislature of every state, have power to make laws with respect to goods and services tax imposed by the union or by such statespecial provision with respect to goods and services tax(2) parliament has exclusive power to make laws with respect to goods   and services tax where the supply of goods, or of services, or both takes place in the course of inter-state trade or commerce5explanation—the provisions of this article, shall, in respect of goods and services tax referred to in clause (5), of article 279a, take effect from the date recommended by the goods and services tax council''amendment of article 2483 in article 248 of the constitution, in clause (1), for the word "parliament", the words,figures and letter "subject to article 246a, parliament" shall be substitutedamendment of article 249104 in article 249 of the constitution, in clause (1), after the words "with respect to", the words,figures and letter"goods and services tax provided under article 246a or" shall be insertedamendment ofarticle 2505 in article 250 of the constitution, in  clause (1), after the words "with respect to", thewords, figures and letter "goods and services tax provided under article 246a or" shall be insertedamendment of article 2686 in article 268 of the constitution, in clause (1), the words "and such duties of exciseon medicinal and toilet preparations" shall be omitted15omission ofarticle 268a7 article 268a of the constitution, as inserted by section 2 of the constitution(eighty-eighth amendment) act, 2003 shall be omittedamendment of article 2698 in article 269 of the constitution, in clause (1), after the words "consignment ofgoods", the words, figures and letter "except as provided in article 269a" shall be inserted209 after article 269 of the constitution, the following article shall be inserted, namely:—| insertion    | of      ||--------------|---------|| new          | article || 269a        |         || 25           |         |''269a (1) goods and services tax on supplies in the course of inter-state trade or commerce shall be levied and collected by the government of india and such tax shall be apportioned between the union and the states in the manner as may be provided by parliament by law on the recommendations of the goods and services tax council| levy             | and   ||------------------|-------|| collection of    |       || goods            | and   || services tax in  |       || course of inter- |       || state trade or   |       || commerce        |       |explanation—for the purposes of this clause, supply of goods, or of services, or both in the course of import into the territory of india shall be deemed to be supply of goods, or of services, or both in the course of inter-state trade or commerce30(2) parliament may, by law, formulate the principles for determining the place of supply, and when a supply of goods, or of services, or both takes place in the course of inter-state trade or commerce''10 in article 270 of the contitution,—amendment of article 27035(i) in clause (1), for the words, figures and letter "articles 268, 268a and article269", the words, figures and letter "articles 268, 269 and article 269a" shall be substituted;(ii) after clause (1), the following clause shall be inserted, namely:—40''(1a) the goods and services tax levied and collected by the government of india, except the tax apportioned with the states under clause (1) of article 269a, shall also be distributed between the union and the states in the manner provided in clause (2)''amendment of article 27111 in article 271 of the constitution, after the words ''in those articles'', the words, figures and letter ''except the goods and services tax under article 246a,'' shall be inserted12 after article 279 of the constitution, the following article shall be inserted, namely:—insertion of new article279a goods and services tax council''279a (1) the president shall, within sixty days from the date of commencement of the constitution (one hundred and twenty-second amendment) act, 2014, by order, constitute a council to be called the goods and services tax council5(2) the goods and services tax council shall consist of the following members, namely:—(a) the union finance ministerchairperson;(b) the union minister of state in charge of revenue orfinancemember;10(c) the minister in charge of finance or taxation or any other ministernominated by each state governmentmembers(3) the members of the goods and services tax council referred to in sub-clause (c) of clause (2) shall, as soon as may be, choose one amongst themselves to be the vice-chairperson of the council for such period as they may decide15(4) the goods and services tax council shall make recommendations to the union and the states on—(a) the taxes, cesses and surcharges levied by the union, the states and the local bodies which may be subsumed in the goods and services tax;(b) the goods and services that may be subjected to, or exempted from thegoods and services tax;20(c) model goods and services tax laws, principles of levy, apportionment of  integrated goods and services tax and the principles that govern the place of supply;25(d) the threshold limit of turnover below which goods and services may be exempted from goods and services tax;(e) the rates including floor rates with bands of goods and services tax;(f) any special rate or rates for a specified period, to raise additionalresources during any natural calamity or disaster;30(g) special provision with respect to the states of arunachal pradesh,assam, jammu and kashmir, manipur, meghalaya, mizoram, nagaland, sikkim, tripura, himachal pradesh and uttarakhand; and(h) any other matter relating to the goods and services tax, as the council may decide35(5) the goods and services tax council shall recommend the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel(6) while discharging the functions conferred by this article, the goods and services tax council shall be guided by the need for a harmonised structure of goods and services tax and for the development of a harmonised national market for goods and services40(7) one half of the total number of members of the goods and services tax council shall constitute the quorum at its meetings(8) the goods and services tax council shall determine the procedure in the performance of its functions(9) every decision of the goods and services tax council shall be taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely:—(a) the vote of the  central government shall have a weightage of onethird of the total votes cast, and5(b) the votes of all the state  governments taken together shall have a weightage of two-thirds of the total votes cast, in that meeting10(10) no act or proceedings of the goods and services tax council shall be invalid merely by reason of—(a) any vacancy in, or any defect in, the constitution of the council; or(b) any defect in the appointment of a person as a member of the council; or(c) any procedural irregularity of the council not affecting the merits of the case15(11) the goods and services tax council may decide about the modalities to resolve disputes arising out of its recommendation"13 in article 286 of the constitution,—amendment of article 286(i) in clause (1),—20(a) for the words "the sale or purchase of goods where such sale or purchase takes place", the words "the supply of goods or of services or both, where such supply takes place" shall be substituted;(b) in sub-clause (b), for the word "goods", at both the places where it occurs the words  "goods or services or both" shall be substituted; (ii)  in clause (2), for the words "sale or purchase of goods takes place", the words "supply of goods or of services or both" shall be substituted;25(iii)  clause (3) shall be omitted14 in article 366 of the constitution,—amendment of article 366(i) after clause (12), the following clause shall be inserted, namely:—30'(12a) "goods and services tax" means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption;'; (ii) after clause (26), the following clauses shall be inserted, namely:—'(26a) "services"  means anything other than goods;35(26b) "state" with reference to articles 246a, 268, 269, 269a and article279a includes a union territory with legislature;'amendment of article 36815 in article 368 of the constitution, in clause (2), in the proviso, in clause (a), for the words and figures "article 162 or article 241", the words, figures and letter "article 162, article 241 or article 279a" shall be substituted16 in the sixth schedule to the constitution, in paragraph 8,  in sub-paragraph (3),—40(i) in clause (c),  the word "and" occurring at the end shall be omitted;amendment of sixth schedule(ii) in clause (d), the word "and" shall be inserted at the end; (iii) after clause (d), the following clause shall be inserted, namely:—"(e) taxes on entertainment and amusements"17 in the seventh schedule to the constitution,—amendment of seventh schedule(a) in list i - union list,—(i) for entry 84, the following entry shall be substituted, namely:—"84 duties of excise on the following goods manufactured or produced in india, namely:—5(a) petroleum crude; (b) high speed diesel; (c) motor spirit (commonly known as petrol); (d) natural gas;10(e) aviation turbine fuel; and (f) tobacco and tobacco products";(ii) entries 92 and 92c shall be omitted;(b) in list ii - state list,—(i) entry 52 shall be omitted; (ii) for entry 54, the following entry shall be substituted, namely:—15"54 taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-state trade or commerce or sale in the course of international trade or commerce of such goods";20(iii) entry 55 shall be omitted; (iv) for entry 62, the following entry shall be substituted, namely:—25"62 taxes on entertainments and amusements to the extent levied and collected by a panchayat or a municipality or a regional council or a district council"3018 (1) an additional tax on supply of goods, not exceeding one per cent in the course of inter-state trade or commerce shall, notwithstanding anything contained in clause (1) of article 269a, be levied and collected by the government of india for a period of two years or such other period as the goods and services tax council may recommend, and such tax shall be assigned to the states in the manner provided in clause (2)arrangement for assignment of additional tax on supply of goods to states for two years or such other period recommended by the council(2) the net proceeds of additional tax on supply of goods in any financial year, except the proceeds attributable to the union territories, shall not form part of the consolidated fund of india and be deemed to have been assigned to the states from where the supply originates35(3) the government of india may, where it considers necessary in the public interest, exempt such goods from the levy of tax under clause (1)(4) parliament may, by law, formulate the principles for determining the place of origin from where supply of goods take place in the course of inter-state trade or commerce4019 parliament may, by law, on the recommendation of the goods and services taxcouncil, provide for compensation to the states for loss of revenue arising on account of implementation of the goods and services  tax for such period which may extend to five yearscompensation to states for loss of revenue on account of introduction of goods and services taxtransitional provisions520 notwithstanding anything in this act, any provision of any law relating to tax ongoods or services or on both in force in any state immediately before the commencement of this act, which is inconsistent with the provisions of the constitution as amended by this act shall continue to be inforce until amended or repealed by a competent legislature or other competent authority or until expiration of one year from such commencement, whichever is earlierpower of president to remove difficulties1021 (1) if any difficulty arises in giving effect to the provisions of the constitution asamended by this act (including any difficulty in relation to the transition from the provisions of the constitution as they stood immediately before the date of assent of the president to this act to the provisions of the constitution as amended by this act), the president may, by order, make such provisions, including any adaptation or modification of any provision of the constitution as amended by this act or law, as appear to the president to be necessary or expedient for the purpose of removing the difficulty:15provided that no such order shall be made after the expiry of three years from the dateof such assent(2) every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsthe constitution is proposed to be amended to introduce the goods and services tax for conferring concurrent taxing powers on the union as well as the states including union territory with legislature to make laws for levying goods and services tax on every transaction of supply of goods or services or both the goods and services tax shall replace a number of indirect taxes being levied by the union and the state governments and is intended to remove cascading effect of taxes and provide for a common national market for goods and services the proposed central and state goods and services tax will be levied on all transactions involving supply of goods and services, except those which are kept out of the purview of the goods and services tax2 the proposed bill, which seeks further to amend the constitution, inter alia, provides for—(a) subsuming of various central indirect taxes and levies such as central excise duty, additional excise duties, excise duty levied under the medicinal and toilet preparations (excise duties) act, 1955, service tax, additional customs duty commonly known as countervailing duty, special additional duty of customs, and central surcharges and cesses so far as they relate to the supply of goods and services;(b) subsuming of state value added tax/sales tax, entertainment tax (other than the tax levied by the local bodies), central sales tax (levied by the centre and collected by the states), octroi and entry tax, purchase tax, luxury tax, taxes on lottery, betting and gambling; and state cesses and surcharges in so far as they relate to supply of goods and services;(c) dispensing with the concept of 'declared goods of special importance' under the constitution;(d) levy of integrated goods and services tax on inter-state transactions of goods and services;(e) levy of an additional tax on supply of goods, not exceeding one per cent in the course of inter-state trade or commerce to be collected by the government of india for a period of two years, and assigned to the states from where the supply originates;(f) conferring concurrent power upon parliament and the state legislatures to make laws governing goods and services tax;(g) coverage of all goods and services, except alcoholic liquor for human consumption, for the levy of goods and services tax in case of petroleum and petroleum products, it has been provided that these goods shall not be subject to the levy of goods and services tax till a date notified on the recommendation of the goods and services tax council(h) compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for a period which may extend to five years;(i) creation of goods and services tax council to examine issues relating to goods and services tax and make recommendations to the union and the states on parameters like rates, exemption list and threshold limits the council shall function under the chairmanship of the union finance minister and will have the union minister of state in charge of revenue or finance as member, along with the minister in-charge of finance or taxation or any other minister nominated by each state government it is further provided that every decision of the council shall be taken by a majority of not less than three-fourths of the weighted votes of the members present and voting in accordance with the following principles:—(a) the vote of the central government shall have a weightage of one-third of the total votes cast, and(b) the votes of all the state governments taken together shall have a weightage of two-thirds of the total votes cast in that meetingillustration:in terms of clause (9) of the proposed article 279a, the "weighted votes of the members present and voting" in favour of a proposal in the goods and services tax council shall be determined as under:—wt = wc+ws where, wt = wc + ws =× sfwstspwherein— wt = total weighted votes of all members in favour of a proposal wc = weighted vote of the union = ie, 3333% if the union is in favour of the1 3proposal and be taken as "0" if, union is not in favour of a proposalws = weighted votes of the states in favour of a proposal sp = number of states present and voting wst = weighted votes of all states present and voting ie, ie, 6667%2 3sf = number of states voting in favour of a proposal(j) clause 20 of the proposed bill makes transitional provisions to take care of any inconsistency which may arise with respect to any law relating to tax on goods or services or on both in force in any state on the commencement of the provisions of the constitution as amended by this act within a period of one year 3 the bill seeks to achieve the above objectsnew delhi;arun jaitleythe 18th december, 2014 ———— president's  recommendation  under  article  117  of  the constitution  of  india[copy of letter no s-31011/07/2014-so(st), dated the 18th december, 2014 from shri arun jaitley, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed bill, recommends under clauses (1) and (3) of article 117, read with clause (1) of article 274, of the constitution of india, the introduction of the constitution (one hundred and twenty-second amendment) bill, 2014 in lok sabha and also the consideration of the bill financial   memorandumclause 12 of the bill seeks to insert a new article 279a in the constitution relating to constitution of goods and services tax council the council shall function under the chairmanship of the union finance minister and will have the union minister of state incharge of revenue or finance as member, along with the minister in-charge of finance or taxation or any other minister nominated by each state government2 the creation of goods and services tax council will involve expenditure on office expenses, salaries and allowances of the officers and staff the objective that the introduction of goods and services tax will make the indian trade and industry more competitive, domestically as well as internationally and contribute significantly to the growth of the economy, such additional expenditure on the council will not be significant3 at this stage, it will be difficult to make an estimate of the expenditure, both recurring and non-recurring on account of the constitution of the council4 further, it is provided for compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for such period which may extend to five years the exact compensation can be worked out only when the provisions of the bill are implemented memorandum  regarding  delegated  legislationclause 12 of the bill seeks to insert a new article 279a relating to the constitution of a council to be called the goods and services tax council clause (1) of the proposed new article 279a provides that the president, shall within sixty days from the date of the commencement of the constitution (one hundred and twenty-second amendment) act, 2014, by order, constitute a council to be called the goods and services tax council clause (8) of the said article provides that the council shall determine the procedure in the performance of its functions2 the procedures, as may be laid down by the goods and services tax council in the performance of its functions, are matters of procedure and details the delegation of legislative power is, therefore, of a normal character annexure extracts from the constitution of india                                                                                                         248 (1) parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state listresiduary powers of legislationpower ofparliament to legislate with respect to a matter in the state list in the national interest249 (1) notwithstanding anything in the foregoing provisions of this chapter, if the council of states has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that parliament should make laws with respect to any matter enumerated in the state list specified in the resolution, it shall be lawful for parliament to make laws for the whole or any part of the territory of india with respect to that matter while the resolution remains in force250 (1) notwithstanding anything in this chapter, parliament shall, while a proclamation of emergency is in operation, have power to make laws for the whole or any part of the territory of india with respect to any of the matters enumerated in the state listpower of parliament to legislate with respect to any matter in the state list if a proclamation of emergency is in operation distribution of revenues between the  union and the states268 (1) such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the union list shall be levied by the government of india but shall be collected—duties levied by the union but collected and appropriated by the states(a) in the case where such duties are leviable within any union territory, by the government of india, and(b) in other cases, by the states within which such duties are respectively leviable268a (1)  taxes on services shall be levied by the government of india and such tax shall be collected and appropriated by the government of india and the states, in the manner provided in clause (2)(2) the proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be—| service         | tax    ||-----------------|--------|| levied by union |        || and collected   |        || and             | appro- || priated by the  |        || union and the   |        || states         |        |(a) collected by the government of india and the states; (b) appropriated by the government of india and the states, in accordance with such principles of collection and appropriation as may be formulated by parliament by law269 (1) taxes on the sale or purchase of goods and taxes on the consignment of goods shall be levied and collected by the government of india but shall be assigned and shall be deemed to have been assigned to the states on or after the 1st day of april, 1996 in the manner provided in clause (2)taxes levied and collected by the union but assigned to the statesexplanation—for the purposes of this clause,—(a) the expression "taxes on the sale or purchase of goods" shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce;(b)  the expression "taxes on the consignment of goods" shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-state trade or commercetaxes levied and distributed between the union and the states270 (1) all taxes and duties referred to in the union list, except the duties and taxes referred to in articles 268, 268a and 269, respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by parliament shall be levied and collected by the government of india and shall be distributed between the union and the states in the manner provided in clause (2)271 notwithstanding anything in articles 269 and 270, parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the union and the whole proceeds of any such surcharge shall form part of the consolidated fund of indiasurcharge on certain duties and taxes for purposes of the union286 (1)  no law of a state shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place—(a) outside the state; or restrictions as to imposition of tax on the sale or purchase of goods(b) in the course of the import of the goods into, or export of the goods out of, the territory of india (2) parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1)(3) any law of a state shall, in so far as it imposes, or authorises the imposition of,—(a) a tax on the sale or purchase of goods declared by parliament by law to be of special importance in inter-state trade or commerce; or(b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b), sub-clause (c) or sub-clause (d) of clause (29a) of article 366, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify                                                                                                          part xx amendment  of  the  constitution368 (1)                                                                                                          power of parliament to amend the constitution and procedure therefore(2) an amendment of this constitution may be initiated only by the introduction of a bill for the purpose in either house of parliament, and when the bill is passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting, it shall be presented to the president who shall give his assent to the bill and thereupon the constitution shall stand amended in accordance with the terms of the bill:provided that if such amendment seeks to make any change in—(a) article 54, article 55, article 73, article 162 or article 241, or(b) chapter iv of part v, chapter v of part vi, or chapter i of part xi, or(c) any of the lists in the seventh schedule, or(d) the representation of states in parliament, or (e) the provisions of this article,the amendment shall also require to be ratified by the legislatures of not less than onehalf of the states by resolutions to that effect passed by those legislatures before the bill making provision for such amendment is presented to the president for assent      sixth schedule [articles 244(2) and 275(1)] provisions as to the administration of tribal areas in the states of assam, meghalaya, tripura and mizoram    8 (1)     (3)  the district council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say—powers to assess and collect land revenue and to impose taxes                                                                                                         (c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and(d) taxes for the maintenance of schools, dispensaries or roads                                                                                                         seventh  schedule (article 246) list i- union list                                                                                                         84 duties of excise on tobacco and other goods manufactured or produced in india except—(a) alcoholic liquors for human consumption; (b) opium, indian hemp and other narcotic drugs and narcotics,but including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry                                                                                                          92 taxes on the sale or purchase of newspapers and on advertisements published therein                                                                                                              92c taxes on services                                                                                                         list ii-state list                                                                                                         52 taxes on the entry of goods into a local area for consumption, use or sale therein                                                                                                         54 taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92a of list i55 taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television62 taxes on luxuries, including taxes on entertainments, amusements, betting and gambling                                                                                                        ———— a billfurther to amend the constitution of india————gmgipmrnd—3824ls—18122014