With the 47th GST Council meeting last called in June 2022, several GST Council members have been urging the centre to convene the 48th GST Council meeting in line with GST regulations of ‘at least one meeting every quarter of a financial year.’ The 48th GST Council meeting will likely fine-tune the details regarding the rationalisation of GST rates and the imposition of taxes on online gaming, horse racing, and casinos in this meeting.
Below, we elaborate on the GST Council and the pivotal role played by its members in implementing GST.
Goods and Services Tax (GST) was rolled out in the country through the 101st Act, 2016. Consequently, the President constituted the GST council under Article 279A to make recommendations on important GST-related issues.
As per Article 279A, a GST Council is a joint forum of the centre and the states and is responsible for taking all major decisions related to GST. Subsequently, the union cabinet approved the first GST council on 12th September 2016, along with the setting up of the GST Council secretariat in New Delhi.
Presently, the GST council consists of 33 members. As per Article 279A, a GST Council will have the following members:
Accordingly, the ministers of state will elect a vice-chairperson of the GST Council from amongst the members. The Secretary (Revenue) will serve as the GST Council’s ex-officio secretary.
Additionally, the Central Board of Excise and Customs (CBEC)’s chairperson is a permanent invitee to all the proceedings of the GST Council.
The primary function of the GST Council is to create a user-friendly and IT-driven GST structure based on wide consultation with the union and the states. Article 279A (4) enumerates the key functions of the GST Council members. We elaborate on them below.
The GST Council is directed by the requirement for a harmonised national market and GST structure when carrying out the functions bestowed by the GST act.
(1) As per Article 279A (4), the GST Council should make recommendations on the following aspects:
(2) The GST Council will propose the date from which GST on petroleum crude, motor spirit, high-speed diesel, natural gas, and aviation turbine fuel (ATF) will become applicable.
(3) The GST Council members will institute a mechanism to settle any dispute surfacing out of the council’s recommendations or their implementation between-
(4) The GST Council members will determine the procedure for the performance of their functions.
(5) Half of the total GST Council members shall constitute the quorum. Finally, every decision of the GST Council will require the majority approval of not less than three-quarters of the total votes of the members present and voting, subject to
However, as per the latest Supreme Court (SC) ruling in Union of India Vs Mohit Minerals Private Limited, the recommendations made by the GST Council members are no longer binding on the government. The court stated that under Article 246A, both parliament and state legislatures enjoy the ‘simultaneous’ power of legislating on GST and can be flexible in accepting counsel of the GST council.
The latest GST Council has the following members:
# | Name | Centre / State / UT | Portfolio / Role |
1 | Smt. Nirmala Sitharaman | Government of India (Centre) | Union Finance Minister & Chairperson, GST Council |
2 | Shri Pankaj Chaudhary | Government of India (Centre) | Union Minister of State (Finance) |
3 | Shri Payyavula Keshav | Andhra Pradesh | Finance & Planning; Commercial Taxes & Legislative Affairs |
4 | Shri Chowna Mein | Arunachal Pradesh | Deputy Chief Minister / Finance Minister (State) |
5 | Smt. Ajanta Neog | Assam | Finance Minister (State) |
6 | Shri Samrat Chaudhary | Bihar | Deputy Chief Minister / State Finance Minister |
7 | Shri O.P. Choudhary | Chhattisgarh | Minister of Commercial Tax (State) |
8 | Smt. Rekha Gupta | Delhi (Union Territory) | Chief Minister / Finance Minister (State/UT-level) |
9 | Dr. Pramod Sawant | Goa | Chief Minister (State) |
10 | Shri Kanubhai Desai | Gujarat | Finance Minister (State) |
11 | Shri J.P. Dalal | Haryana | Deputy Chief Minister / Finance Minister (State) |
12 | Shri Harshvardhan Chauhan | Himachal Pradesh | State Minister (Industries / Tax / Equivalent) |
13 | Shri Omar Abdullah | Jammu & Kashmir (UT) | Chief Minister / Finance-in-charge (as State/UT nominee) |
14 | Dr. Rameshwar Oraon | Jharkhand | Finance / Commercial Taxes & related portfolios (State) |
15 | Shri Krishna Byre Gowda | Karnataka | State Minister (e.g. Revenue / Tax equivalent portfolio) |
16 | Shri K. N. Balagopal | Kerala | Finance Minister (State) |
17 | Shri Jagdish Devda | Madhya Pradesh | Minister for Finance / Commercial Tax (State) |
18 | Shri Ajit Anantrao Pawar | Maharashtra | Deputy Chief Minister / State Finance & Excise Minister (State) |
19 | Dr. Sapam Ranjan Singh | Manipur | State Minister (Health / as nominated) |
20 | Shri Conrad Sangma | Meghalaya | Chief Minister (State) |
21 | Dr. Vanlalthlana | Mizoram | Minister for Taxation / equivalent (State/UT) |
22 | Shri K.G. Kenye | Nagaland | State-level Minister (Rural Dev / equivalent) - as GST Council nominee |
23 | Shri Mohan Charan Majhi | Odisha | Chief Minister / State-level GST Council nominee |
24 | Shri K. Lakshminarayanan | Puducherry (UT) | Minister for Public Works (State/UT-level) |
25 | Shri Harpal Singh Cheema | Punjab | Finance Minister (State) |
26 | Shri Gajendra Singh | Rajasthan | State-level Minister (Culture/Tourism/Taxation or Equivalent as nominated) |
27 | Shri B.S. Panth | Sikkim | State Minister (Tourism, Industries, Civil Aviation / as nominated) |
28 | Shri Thangam Thennarasu | Tamil Nadu | Finance / Planning / State-level Minister (State) |
29 | Shri T. Harish Rao | Telangana | Finance Minister (State) / State-level nominee |
30 | Shri Pranjit Singha Roy | Tripura | Deputy Chief Minister / State-level nominee (GST Council) |
31 | Shri Suresh Kumar Khanna | Uttar Pradesh | State Minister for Finance, Parliamentary Affairs (as nominated) |
32 | Shri Premchand Aggarwal | Uttarakhand | Finance Minister (State) / GST Council nominee |
33 | Smt. Chandrima Bhattacharya | West Bengal | Minister of State for Finance (State) / GST Council nominee |
You can also assess this list from the official website.
The GST Council is the first constitutional federal body to look into the GST law and determine its applicability after consulting with all states. The GST Council members are responsible for proposing changes to the GST law per the changing dynamics of the economy.
The GST Council Chairman leads the GST Council. The current GST Council Chairman is the Union Finance Minister, Nirmala Sitharaman. The Chairman is responsible for chairing the GST Council meetings, setting the agenda for the meetings, and ensuring that the recommendations of the Council are implemented.