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Public Finance and Finance Commission: Articles and Deficits

Public finance notes for exams: receipts and expenditure, Article 112 Budget, Consolidated and Contingency Funds, four deficits and the Article 280 Finance Commission.

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Public Finance and Finance Commission: Articles and Deficits — GK24 title card
Public Finance and Finance Commission: Articles and Deficits — GK24 title card

Public finance is the study of how a government raises money, spends it and borrows when the two do not match. In India the subject is examined from two sides: the arithmetic of the Budget, where the deficits are defined, and the constitutional machinery that divides money between the Union and the States, where the Finance Commission sits. This note takes both in turn, keeping to the definitions and the articles, which do not change from year to year.

What public finance covers

The subject has three classical divisions. Public revenue is what the state receives, chiefly from taxes. Public expenditure is what it spends, on salaries, subsidies, interest, defence and capital works. Public debt is what it borrows when expenditure runs ahead of revenue. A fourth concern, financial administration, covers the Budget, audit and the rules under which money is drawn from the treasury.

Receipts of the government

HeadWhat it includesPoint to remember
Revenue receipts: taxIncome tax, corporation tax, GST, customs duty, excise on a few goodsCreate no liability and reduce no asset
Revenue receipts: non-taxInterest, dividends and profits, fees, finesAlso recurring in nature
Capital receiptsMarket borrowings, small savings, recovery of loans, disinvestment proceedsEither create a liability or reduce an asset

Taxes are classified as direct, where the person who pays also bears the burden, such as income tax and corporation tax, and indirect, where the burden is passed on to the buyer, such as the Goods and Services Tax and customs duty.

The Budget and the constitutional funds

Article 112 of the Constitution requires the President to lay before Parliament, for every financial year, a statement of the estimated receipts and expenditure of the Government of India. That statement is the Annual Financial Statement, which is what the Budget formally is. It separates the Revenue Budget from the Capital Budget, and separately shows expenditure charged on the Consolidated Fund, which is not put to the vote.

  • Consolidated Fund of India, Article 266(1): all revenues, loans raised and money received in repayment of loans; nothing can be drawn from it without the authority of Parliament.
  • Public Account of India, Article 266(2): money held by the government as a banker, such as provident funds and small savings; withdrawals need no parliamentary appropriation.
  • Contingency Fund of India, Article 267: placed at the disposal of the President for unforeseen expenditure, later recouped from the Consolidated Fund.

The four deficits

  • Revenue deficit = revenue expenditure minus revenue receipts. It shows that the state is borrowing for its routine running.
  • Fiscal deficit = total expenditure minus total receipts other than borrowings. It measures the whole borrowing requirement for the year and is the deficit watched most closely.
  • Primary deficit = fiscal deficit minus interest payments. It strips out the cost of past borrowing and shows the current year's own gap.
  • Effective revenue deficit = revenue deficit minus grants given to States for the creation of capital assets.

The Fiscal Responsibility and Budget Management Act was passed in 2003 to put statutory limits on these deficits and on government debt, and to require the government to lay fiscal policy statements before Parliament each year. Most States have enacted their own fiscal responsibility legislation on the same pattern.

The Finance Commission under Article 280

India's Constitution gives the Union the more elastic taxes and the States the heavier spending responsibilities, so a mechanism was needed to transfer money downward. Article 280 provides for a Finance Commission, constituted by the President at the expiration of every fifth year or earlier if the President thinks fit. It consists of a Chairman and four other members, whose qualifications and manner of selection Parliament prescribed by the Finance Commission (Miscellaneous Provisions) Act of 1951. The first Finance Commission was set up in 1951 under the chairmanship of K. C. Neogy.

The Commission is a constitutional body, and it is quasi-judicial in nature. It makes recommendations to the President on three matters named in Article 280(3), and on any other matter referred to it in the interests of sound finance.

  • The distribution of the net proceeds of taxes between the Union and the States, and the allocation of the States' share among themselves.
  • The principles that should govern grants-in-aid to the States out of the Consolidated Fund of India under Article 275.
  • Measures needed to augment the Consolidated Fund of a State to supplement the resources of Panchayats and Municipalities, a duty added by the seventy-third and seventy-fourth Constitutional Amendments.

Two points are asked repeatedly. First, the recommendations are advisory: the government is expected to follow them by convention but is not legally bound. Second, under Article 281 the President must cause every recommendation, together with an explanatory memorandum on the action taken on it, to be laid before each House of Parliament. Cesses and surcharges levied under Article 271 are not shared with the States, which is why their size is a matter of dispute in Centre-State finance.

State Finance Commissions

Article 243-I requires the Governor of a State to constitute a Finance Commission at the expiration of every fifth year to review the financial position of the Panchayats, and Article 243-Y extends the same arrangement to Municipalities. Like the central body, a State Finance Commission is a constitutional body, and it recommends how taxes, duties, tolls and fees should be divided between the State and its local bodies. Contrast this with NITI Aayog, which replaced the Planning Commission in 2015: both were created by executive resolution, so neither is a constitutional or even a statutory body.

Exam Point of View

Two kinds of question come from this topic. The first is article matching: 112 for the Annual Financial Statement, 266 and 267 for the funds, 275 for grants-in-aid, 280 for the Finance Commission, 281 for laying its report and 243-I for the State Finance Commission. The second is the deficit formulas, usually as 'fiscal deficit equals' or 'primary deficit is obtained by'. Statement-based questions on the Finance Commission appear in SSC CGL and banking exams, and the single most common trap in them is the claim that its recommendations are binding on the government, which is false. Other traps are calling the Finance Commission a statutory body when it is constitutional, calling the State Finance Commission non-statutory when it too is constitutional, confusing the Contingency Fund with the Consolidated Fund, and forgetting that the Commission reports to the President, not to the Finance Minister or Parliament directly.

Important Facts

Annual Financial StatementArticle 112 of the Constitution
Consolidated Fund of IndiaArticle 266(1); nothing drawn without parliamentary authority
Public Account of IndiaArticle 266(2); needs no appropriation
Contingency Fund of IndiaArticle 267; at the disposal of the President
Revenue deficitRevenue expenditure minus revenue receipts
Fiscal deficitTotal expenditure minus total receipts excluding borrowings
Primary deficitFiscal deficit minus interest payments
Effective revenue deficitRevenue deficit minus grants for creation of capital assets
FRBM ActFiscal Responsibility and Budget Management Act, 2003
Finance CommissionArticle 280; constituted by the President
CompositionA Chairman and four other members
TermConstituted at the expiration of every fifth year, or earlier
NatureConstitutional and quasi-judicial body; recommendations are advisory
Report submitted toThe President of India
Laying of the reportArticle 281, with a memorandum on action taken
Grants-in-aid to StatesArticle 275, on principles recommended by the Commission
First Finance Commission1951, Chairman K. C. Neogy
Cesses and surchargesLevied under Article 271; not shared with the States
State Finance CommissionArticle 243-I, constituted by the Governor every fifth year
NITI AayogReplaced the Planning Commission in 2015; an executive, not constitutional, body

Practice MCQs on this topic

Q1.Indian EconomyEasy

Which article of the Constitution of India provides for the constitution of a Finance Commission?

  1. A.Article 112
  2. B.Article 266
  3. C.Article 280
  4. D.Article 324
Show answer

Correct answer: C. Article 280

Explanation

The correct answer is C, Article 280. Article 280 requires the President to constitute a Finance Commission at the expiration of every fifth year, or earlier if the President considers it necessary, consisting of a Chairman and four other members, and lists the matters on which it is to make recommendations. Option A is wrong because Article 112 deals with the Annual Financial Statement, the document popularly called the Union Budget. Option B is wrong because Article 266 deals with the Consolidated Fund and the Public Account of India, from the first of which no money may be drawn without the authority of Parliament. Option D is wrong because Article 324 vests the superintendence, direction and control of elections in the Election Commission of India, which is a different constitutional body altogether.

Q2.Indian EconomyAsked in: SSC CGL · 20 Jul 2023, Shift 4Hard

Which of the following statements is/are correct regarding the Finance Commission of India? A. The Finance Commission consists of a Chairman and four other members. B. The recommendations made by the Finance Commission are binding on the government and the government needs to grant funds according to the advice of the Commission. C. Article 280 of the Indian Constitution talks about the recommendations of the Finance Commission.

  1. A.A and B only
  2. B.A, B and C
  3. C.A and C only
  4. D.B and C only
Show answer

Correct answer: C. A and C only

Explanation

The correct answer is C, A and C only. Statement A is correct: Article 280 provides that the Commission shall consist of a Chairman and four other members appointed by the President. Statement C is also correct: Article 280 is the very article that lists the matters on which the Commission makes its recommendations, including tax devolution and grants-in-aid. Statement B is wrong, and this is the trap the question is built on. The recommendations of the Finance Commission are advisory in nature, and the Union government is not legally bound to accept them; Article 281 only requires the report, with a memorandum explaining the action taken, to be laid before each House of Parliament. Because B is false, options A, B and D, each of which includes B, cannot be right, leaving A and C only.

Q3.Indian EconomyAsked in: SSC GD Constable · 30 Jan 2023, Shift 4Easy

The Finance Commission of India submits its report to ________.

  1. A.The head of NITI Aayog
  2. B.The Finance Minister of India
  3. C.The President of India
  4. D.The Prime Minister of India
Show answer

Correct answer: C. The President of India

Explanation

The correct answer is C, The President of India. The Finance Commission is constituted by the President under Article 280, and it therefore makes its recommendations to the President. Under Article 281 the President must cause every recommendation, together with an explanatory memorandum on the action taken on it, to be laid before each House of Parliament. Option A is wrong because NITI Aayog is an executive body set up by a Cabinet resolution in 2015 and has no role in receiving the Commission's report. Option B is wrong because the Finance Minister and the Ministry of Finance act on the recommendations once accepted but are not the authority the report is addressed to. Option D is wrong because the Prime Minister chairs the Union Council of Ministers and NITI Aayog but does not receive the report either.

Q4.Indian EconomyMedium

Fiscal deficit of the Government of India is best defined as:

  1. A.Revenue expenditure minus revenue receipts
  2. B.Total expenditure minus total receipts other than borrowings
  3. C.Total expenditure minus interest payments
  4. D.Capital expenditure minus capital receipts
Show answer

Correct answer: B. Total expenditure minus total receipts other than borrowings

Explanation

The correct answer is B, total expenditure minus total receipts other than borrowings. Fiscal deficit measures the whole amount the government must borrow in a year, because it compares everything it spends with everything it earns from taxes, non-tax revenue, recovery of loans and disinvestment, leaving borrowing out of the receipts side. Option A is wrong because that formula gives the revenue deficit, which shows borrowing for routine running rather than the total borrowing requirement. Option C is wrong because subtracting interest payments from the fiscal deficit, not from total expenditure, gives the primary deficit. Option D is wrong because there is no standard deficit defined in that way; capital receipts themselves include borrowings, so such a figure would double count the very item that fiscal deficit is meant to isolate.

Q5.Indian EconomyAsked in: Uttar Pradesh · 22 Dec, 2018, Shift 1Medium

According to Article 243-I of the Constitution of India, a Finance Commission is constituted to review the financial position of the Panchayats:

  1. A.at the expiration of every sixth year
  2. B.at the expiration of every fifth year
  3. C.at the expiration of every second year
  4. D.at the expiration of every third year
Show answer

Correct answer: B. at the expiration of every fifth year

Explanation

The correct answer is B, at the expiration of every fifth year. Article 243-I, inserted by the seventy-third Constitutional Amendment of 1992, requires the Governor of a State to constitute a Finance Commission at the expiration of every fifth year to review the financial position of the Panchayats and to recommend how taxes, duties, tolls and fees should be divided between the State and its Panchayats. Article 243-Y makes the same body examine the finances of the Municipalities. Options A, C and D are wrong simply because the Constitution fixes the interval at five years, the same interval Article 280 sets for the central Finance Commission, which makes the two easy to remember together. Note also that the State Finance Commission, like the central one, is a constitutional body and not a statutory one.

Q6.Indian EconomyAsked in: Uttar Pradesh · UPPSC Civil Service 2016 Official PaperMedium

The State Finance Commission is a:

  1. A.Legal body
  2. B.Non-statutory body
  3. C.Constitutional body
  4. D.None of the above
Show answer

Correct answer: C. Constitutional body

Explanation

The correct answer is C, Constitutional body. The State Finance Commission owes its existence directly to the Constitution: Article 243-I, added by the seventy-third Amendment, requires the Governor to constitute it every fifth year for the Panchayats, and Article 243-Y extends the arrangement to the Municipalities. A body created by the Constitution itself is called a constitutional body, which is the highest of these categories. Option A is wrong because a merely legal or statutory body is one set up by an ordinary law of the legislature, such as the National Human Rights Commission. Option B is wrong because a non-statutory body rests only on an executive decision, as NITI Aayog and the former Planning Commission do. Option D is wrong because option C states the position correctly. A simple ladder helps here: a constitutional body is named in the Constitution, a statutory body is created by an ordinary Act, and a non-statutory body rests on an executive order alone; Article 243-I puts the State Finance Commission on the first rung.

Q7.Indian EconomyMedium

Primary deficit is obtained by subtracting which of the following from the fiscal deficit?

  1. A.Interest payments
  2. B.Revenue receipts
  3. C.Capital expenditure
  4. D.Grants-in-aid to States
Show answer

Correct answer: A. Interest payments

Explanation

The correct answer is A, Interest payments. Primary deficit equals fiscal deficit minus interest payments. Interest is the price of borrowing done in earlier years, so removing it leaves the gap created by the current year's own decisions on spending and taxation, which is why economists read the primary deficit as a measure of present fiscal discipline. Option B is wrong because revenue receipts are already counted on the receipts side in arriving at the fiscal deficit itself. Option C is wrong because capital expenditure is part of total expenditure and is not deducted again; a fiscal deficit financing capital works is treated differently in quality, but the formula does not change. Option D is wrong because grants given to States for creating capital assets are deducted from the revenue deficit to give the effective revenue deficit, not from the fiscal deficit.

Q8.Indian EconomyMedium

The Annual Financial Statement, popularly called the Union Budget, is laid before Parliament under which article of the Constitution?

  1. A.Article 110
  2. B.Article 112
  3. C.Article 114
  4. D.Article 266
Show answer

Correct answer: B. Article 112

Explanation

The correct answer is B, Article 112. Article 112 requires the President to cause a statement of the estimated receipts and expenditure of the Government of India for every financial year to be laid before both Houses of Parliament, and that statement is the Annual Financial Statement. It shows the revenue and the capital accounts separately and distinguishes expenditure charged on the Consolidated Fund, which is not submitted to the vote of Parliament. Option A is wrong because Article 110 defines a Money Bill and lists the matters a Money Bill may deal with. Option C is wrong because Article 114 deals with the Appropriation Bill, through which money is withdrawn from the Consolidated Fund after the demands for grants are voted. Option D is wrong because Article 266 establishes the Consolidated Fund and the Public Account themselves.

Q9.Indian EconomyHard

Who was the chairman of the first Finance Commission of India, constituted in 1951?

  1. A.C. D. Deshmukh
  2. B.Santhanam
  3. C.A. K. Chanda
  4. D.K. C. Neogy
Show answer

Correct answer: D. K. C. Neogy

Explanation

The correct answer is D, K. C. Neogy. K. C. Neogy chaired the first Finance Commission, which was constituted in 1951 under Article 280 soon after the Constitution came into force, and whose recommendations covered the sharing of income tax and union excise duties with the States. Option A is wrong because C. D. Deshmukh was Union Finance Minister in that period and later Governor of the Reserve Bank of India, but he did not chair the Commission. Option B is wrong because K. Santhanam chaired the second Finance Commission, not the first. Option C is wrong because A. K. Chanda chaired the third Finance Commission and is better remembered as a Comptroller and Auditor General of India. Remembering Neogy for the first and Santhanam for the second is enough for most papers.

Q10.Indian EconomyEasy

Which of the following is a direct tax in India?

  1. A.Goods and Services Tax
  2. B.Customs duty
  3. C.Corporation tax
  4. D.Excise duty
Show answer

Correct answer: C. Corporation tax

Explanation

The correct answer is C, Corporation tax. A direct tax is one whose burden cannot be shifted: the person or company assessed both pays it and bears it. Corporation tax, charged on the profits of companies, and income tax, charged on the income of individuals, are the two main direct taxes of the Union. Option A is wrong because the Goods and Services Tax is an indirect tax collected from the seller but passed on to the buyer in the price of goods and services. Option B is wrong because customs duty is levied on imports and exports and is likewise recovered from the consumer. Option D is wrong because excise duty, now confined to a few products such as petroleum and tobacco after GST, is also indirect. The test is simple: ask whether the payer can pass the burden on.

Q11.Indian EconomyMedium

The Fiscal Responsibility and Budget Management (FRBM) Act was enacted in India in which year?

  1. A.1991
  2. B.2003
  3. C.2005
  4. D.2016
Show answer

Correct answer: B. 2003

Explanation

The correct answer is B, 2003. The Fiscal Responsibility and Budget Management Act was passed by Parliament in 2003 and brought into force in 2004. It aims at fiscal discipline by placing limits on the fiscal deficit and on government debt, and by requiring the government to lay before Parliament each year a Medium-term Fiscal Policy Statement, a Fiscal Policy Strategy Statement and a Macroeconomic Framework Statement along with the Budget. Option A is wrong because 1991 is the year of the balance of payments crisis and the beginning of economic liberalisation, not of this Act. Option C is wrong because 2005 is associated with the Right to Information Act and the rural employment guarantee law. Option D is wrong because 2016 is the year of the insolvency code and the monetary policy framework amendments.

Q12.Indian EconomyHard

The Contingency Fund of India, placed at the disposal of the President for meeting unforeseen expenditure, is provided for by which article?

  1. A.Article 265
  2. B.Article 266
  3. C.Article 267
  4. D.Article 270
Show answer

Correct answer: C. Article 267

Explanation

The correct answer is C, Article 267. Article 267 allows Parliament by law to establish a Contingency Fund of India, held at the disposal of the President so that advances can be made for unforeseen expenditure before Parliament authorises it; the amount is afterwards recouped from the Consolidated Fund through a supplementary appropriation. Option A is wrong because Article 265 lays down that no tax shall be levied or collected except by authority of law. Option B is wrong because Article 266 creates the Consolidated Fund of India and the Public Account, from the first of which no money may be drawn without parliamentary authority. Option D is wrong because Article 270 deals with taxes levied and collected by the Union and distributed between the Union and the States, which is the divisible pool the Finance Commission works on.

Frequently Asked Questions

Which article of the Constitution provides for the Finance Commission?

Article 280. It requires the President to constitute a Finance Commission at the expiration of every fifth year, or earlier if the President considers it necessary, consisting of a Chairman and four other members.

Are the recommendations of the Finance Commission binding on the government?

No. They are advisory in nature. By convention the Union government accepts the recommendations on tax devolution, but it is not legally bound to, and Article 281 only requires the report and a memorandum on the action taken to be laid before each House of Parliament.

To whom does the Finance Commission submit its report?

To the President of India, who constituted it. The President then causes the report, with an explanatory memorandum on the action taken on its recommendations, to be laid before both Houses of Parliament under Article 281.

What is the difference between fiscal deficit and primary deficit?

Fiscal deficit is total expenditure minus total receipts other than borrowings, so it is the government's whole borrowing requirement for the year. Primary deficit is the fiscal deficit minus interest payments, which removes the cost of past borrowing and shows the gap created in the current year alone.

Is the State Finance Commission a constitutional body?

Yes. Article 243-I requires the Governor to constitute a Finance Commission for the Panchayats at the expiration of every fifth year, and Article 243-Y extends the arrangement to Municipalities, so it derives its existence from the Constitution itself.

Who was the chairman of the first Finance Commission of India?

K. C. Neogy chaired the first Finance Commission, constituted in 1951 soon after the Constitution came into force. Its recommendations covered the devolution of income tax and union excise duties to the States.

Why are cesses and surcharges a matter of dispute between the Centre and the States?

Because a surcharge levied under Article 271 and a cess earmarked for a purpose are not part of the divisible pool of central taxes, so nothing from them is shared with the States even though they raise the taxpayer's total burden.

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