Question

48. Consider the following statement about GST Council.
1. This is a constitutional body
2. Presence of half of the members is necessary for the GSTC meeting to take place.
3. Every decision of the GSTC needs not less than two-third of the weighted votes.
4. Value of Central Government and state government’s vote are equal.
Which of the above statement(s) is/are correct?

• A. Only 1 and 2
• B. Only 2, 3 and 4
• C. Only 2 and 3
• D. Only 1, 2 and 3

Answer 1

The correct option is A Only 1 and 2

As per Article 279A (1) of the amended Constitution, the GST Council is constituted by the President within 60 days of the commencement of Article 279A. The GST Council is a joint forum of the Centre and the States shall consist of the following members: -
1. Union Finance Minister - Chairperson
2. The Union Minister of State, in-charge of Revenue of finance - Member
3. The Minister In-charge of finance or taxation or any other Minister nominated by each State Government – Members.
4. Secretary (Revenue)will be the Ex-officio Secretary to the GST Council;
5. Chairperson, Central Board of Excise and Customs (CBEC), will be a permanent invitee (non-voting) to all proceedings of the GST Council;

It is important to note that decisions at the GSTC shall be taken only at the meeting with adequate quorum and properly distributed majority. Accordingly,
1. One-half of the total number of Members of the Goods and Services Tax Council shall constitute the quorum at its meetings.
2. 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:-
3. The vote of the Central Government shall have a weightage of one-third of the total votes cast, and
4. The votes of all the State Governments taken together shall have a weightage of two-thirds of the total votes cast, in that meeting.