Which article of the Constitution provides that no tax shall be levied or collected except by authority of law?
- A.Article 246A
- B.Article 265
- C.Article 279A
- D.Article 280
Show answer
Correct answer: B. Article 265
Explanation
The correct answer is B, Article 265. It is the foundation of the whole tax system, because it means the executive cannot demand money from a citizen without a law passed by the competent legislature. Any levy that fails this test can be struck down by a court.
Option A, Article 246A, was inserted by the hundred and first amendment and gives Parliament and the state legislatures concurrent power to make laws on the Goods and Services Tax, which is a different matter from the general requirement of legal authority. Option C, Article 279A, provides for the constitution of the GST Council by the President. Option D, Article 280, provides for the Finance Commission, which the President appoints every fifth year to recommend how central taxes should be distributed between the Union and the states. Only Article 265 states the basic rule that taxation must rest on law.