Article
243I of the Indian Constitution prescribes that the Governor of a State shall,
as soon as may be within one year from the commencement of the Constitution
(Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every
fifth year, constitute a Finance Commission to review the financial position of
the Panchayats and to make recommendations to the Governor as to
- The principles which should govern
- The distribution between
the State and the Panchayats of the net proceeds of the taxes, duties,
tolls and fees leviable by the State, which may be divided between them
under this Part and the allocation between the Panchayats at all levels
of their respective shares of such proceeds;
- The determination of the
taxes, duties, tolls and fees which may be assigned as, or appropriated
by, the Panchayats;
- The grants-in-aid to the
Panchayats from the Consolidated Fund of the State;
- The measures needed to
improve the financial position of the Panchayats;
- Any other matter referred to
the Finance Commission by the Governor in the interests of sound finance
of the Panchayats.
Article
243Y of the Constitution further provides that the Finance Commission
constituted under Article 243 I shall make similar recommendation vis-a-vis
municipalities.
The
Governor is required to cause every recommendation made by the State Finance
Commission together with an explanatory memorandum as to the action taken
thereon to be laid before the Legislature of the State.
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A comparison between
central and State finance commissions:
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RBI Recommendations (2009) for strengthening SFCs
1. Provide a uniform template to the
SFCs so that there are not constituted in a casual manner
2. Incentivise the State Governments to
set up a data warehouse for the local bodies.
3. Set up a central pool of fiscal
experts from which the State Governments may select at least one member of SFC.
4. Provide a time line to the State
Governments in link to the release of share in central taxes for making
progress in the arena of SFC.
Way Forward:
1. In line with constitutional
requirements, the states should constitute SFCs in a periodic manner
2. It is important to acknowledge the
role of SFCs. It is important to rectify the notion the SFCs are less important
the UFC and that local governments are insignificant. The Constitution treats a
local government on a par with a State government, especially when it comes to
sharing of financial resources.
3. The information of responsibilities
and funds allocated to local bodies should be recorded properly so as to
provide reliable data to the SFCs
4. The composition of SFCs should
incorporate representatives from the intellectual civil society/academicians
and not solely comprise of bureaucrats
5. To make India a sustainable and
inclusive country, it is important that the UFC reduce inter-state disparity
and then only SFCs can reduce intra-state disparity by using horizontal
distribution criteria
6. It is an urgent need to strengthen
the SFCs to promote cooperative federalism and strengthen participatory
democracy.
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