Article 275 of the Costitution of India with Case law
Here is a detailed explanation of Article 275 of the Constitution of India, along with relevant case law:
📜 Article 275 – Constitution of India
“Grants from the Union to certain States”
✅ Text Summary of Article 275:
Clause (1):
Parliament may by law provide for grants-in-aid from the Consolidated Fund of India to States which are in need of financial assistance.
Such grants are given each year.
Special grants are provided to States for the promotion of welfare of Scheduled Tribes and the administration of Scheduled Areas under Fifth Schedule.
Clause (2):
The provisions of Article 275(1) will not override any law made by Parliament under Article 282 (which also deals with grants).
🧾 Purpose and Features:
| Aspect | Description |
|---|---|
| Objective | To provide financial assistance to States |
| Source of funds | Consolidated Fund of India |
| Beneficiaries | States in need, especially those with Scheduled Tribes or Scheduled Areas |
| Authority | Parliament decides by law (based on recommendations of Finance Commission) |
| Related to | Fiscal federalism, tribal welfare, balanced development |
⚖️ Important Case Laws on Article 275:
1. State of Kerala v. Unni
Citation: AIR 2007 SC 818
Context: Welfare measures in Scheduled Areas.
Held: Article 275(1) recognizes the special responsibility of the Union towards tribal areas and people, and funds allocated under this article must be used specifically for the purposes mentioned.
Relevance: Reinforces the mandatory character of grants for tribal welfare.
2. T. N. Godavarman Thirumulpad v. Union of India
Citation: (2002) 10 SCC 606
Context: Forest conservation and tribal rights.
Held: Emphasized that funds under Article 275(1) can be used for environmental and tribal development, and Union has a duty to ensure compliance with such constitutional goals.
3. Samatha v. State of Andhra Pradesh
Citation: AIR 1997 SC 3297
Facts: Rights of Scheduled Tribes in Scheduled Areas were being infringed by transfer of land to private mining companies.
Held: The State and Union must act to protect tribal interests, and financial grants under Article 275 must be utilized for empowerment and upliftment of tribals.
Relevance: Asserted the developmental and constitutional obligation backed by Article 275.
📌 Finance Commission and Article 275:
The Finance Commission, constituted under Article 280, plays a vital advisory role in:
Recommending how much grant a state should receive under Article 275.
Ensuring equitable distribution based on factors like poverty, backwardness, and tribal population.
🧠 Why Article 275 is Important:
Strengthens cooperative federalism.
Promotes inclusive growth, especially of Scheduled Tribes.
Provides legal basis for annual financial assistance to weaker states.
Ensures constitutional accountability in fund allocation and usage.
📚 Summary Table:
| Feature | Details |
|---|---|
| Type of Grant | Statutory grant (mandatory if Parliament enacts it) |
| Source | Consolidated Fund of India |
| Targeted Assistance | States needing help; Scheduled Tribes and Scheduled Areas |
| Recommendation by | Finance Commission |
| Related to | Article 280 (Finance Commission), Article 282 (Discretionary grants) |
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