Consider the following statements: 1. The GST Council makes binding recommendations on GST rates. Which of the above is/are correct?
2. Article 246A allows States to legislate on intra-state supply of goods and services.
Only 2
Statement 1: Incorrect. The Supreme Court of India (in Union of India v. Mohit Minerals, 2022) held that GST Council recommendations are not binding on the Union or States — they are persuasive and carry significant weight but do not have binding legal force. Parliament and State legislatures retain their legislative competence.
Statement 2: Correct. Article 246A (inserted by the 101st Constitutional Amendment, 2016) grants the power to Parliament AND State Legislatures to make laws with respect to goods and services tax on intra-state supply. This is a concurrent power, with a special provision that Parliament alone can legislate on inter-state supply.
Hence, Only 2 is correct.
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