2023 · GS Paper 2 · Q15 · 15 marks

Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism?

In short

The 101st Amendment Act, 2016 created GST by giving the Union and states concurrent taxing power and a joint GST Council, reflecting accommodative federalism largely in design. States hold two-thirds of the Council's voting weight, though the Centre's one-third share works as an effective veto.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
The 101st Amendment Act, 2016 created GST, launched on 1 July 2017, by pooling the taxing powers of the Union and the states. The 56th GST Council's two-slab reform of September 2025 (5% and 18%, plus 40% on de-merit goods) shows the model still working by joint decision.
Significance of the 101st Amendment
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Concurrent power

Article 246A lets Parliament and states tax the same supply, ending the separation of tax fields.

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Unified market

Central excise, service tax, VAT and entry tax merged into one levy, and Article 269A's destination-based IGST replaced the Central Sales Tax.

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Federal institution

Article 279A created the GST Council of the Union and all state Finance Ministers.

Extent of Accommodative Federalism
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Shared voting

States hold two-thirds weight, the Centre one-third, decisions need three-fourths, and the Council has voted formally only once (lottery, December 2019).

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Compensation and courts

States were assured 14% revenue growth for five years, and Mohit Minerals (2022) held Council recommendations persuasive, not binding.

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Centralising tilt

The Centre's weight is a de facto veto, the 2020 compensation shortfall caused friction, and the Article 279A(11) dispute mechanism is not yet set up.

Way Forward
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Institutional fixes

A working dispute mechanism, an independent Council secretariat and a negotiated path to include petroleum would deepen trust.

Conclusion
The Amendment is largely accommodative in design and partly in practice. Treating the GST Council as a forum of equals is the test of cooperative federalism.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: Pooled sovereignty under GST. Pooled sovereignty under GST. Venn diagram: Union excise, service tax, State VAT, entry tax; overlap: GST Council
Diagram: Pooled sovereignty under GST

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Amendments & Basic Structure4 questions

Asked in 4 of 14 sittings since 2013

2013
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2014
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2015
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2016
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2017
1
2018
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2019
1
2020
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2021
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2022
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2023
1
2024
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2025
1
2026
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Question from the official UPSC Civil Services (Main) Examination 2023 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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