Article 281 of the Costitution of India with Case law
Article 282 of the Constitution of India
— Expenditure defrayable by the Union or a State out of its revenues
📜 Text of Article 282:
“The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws.”
🧾 Essence of Article 282:
| Feature | Details |
|---|---|
| Who can make grants? | Union Government or State Governments |
| Purpose of grants | Any public purpose, even outside their legislative competence |
| Binding condition | It must serve a public purpose (not private) |
| Type of Power | Discretionary, not mandatory |
| Usage | For inter-governmental cooperation, emergencies, or assistance to schemes |
📌 Scope and Significance:
Provides financial flexibility to the Union and States.
Helps in funding centrally sponsored schemes in areas normally reserved for the States.
Enables collaborative federalism, allowing Union aid to States or inter-state cooperation.
Encourages Union involvement in State List subjects without making laws, simply by funding programs.
🏛️ Examples of Use:
Centrally Sponsored Schemes like:
Mid-Day Meal Scheme
Pradhan Mantri Gram Sadak Yojana
National Health Mission
Though these are State List subjects (education, roads, health), the Union gives financial aid using Article 282.
⚖️ Important Case Laws Related to Article 282:
🧑⚖️ 1. Bharatiya Janata Party v. Union of India (1996)
Citation: AIR 1996 SC 1193
Issue: Whether grants made by Union for political purposes violate Article 282.
Held:
Grants must be for public purposes, not private or political.
Article 282 cannot be misused to benefit a political party or non-public entity.
🧑⚖️ 2. State of West Bengal v. Union of India (1963)
Citation: AIR 1963 SC 1241
Relevance: Although mainly on federal powers, the Court explained how Union may financially support States under Article 282 even in State matters.
Significance: Confirms that financial grants do not amount to legislative overreach.
🧑⚖️ 3. Sanjeev Coke Manufacturing Co. v. Bharat Coking Coal Ltd. (1983)
Citation: AIR 1983 SC 239
Held: Article 282 reflects that financial powers are broader than legislative powers.
Key Point: Even if the Union cannot legislate, it can fund initiatives outside its jurisdiction.
✅ Key Takeaways:
| Topic | Details |
|---|---|
| Article 282 Power | Financial power – allows grants for any public purpose |
| Outside Jurisdiction? | Yes, even outside legislative domain |
| Type of Power | Discretionary, not enforceable right |
| Beneficiaries | Other governments, NGOs, public institutions |
| Limit | Must serve public purpose, not private or political gain |
🔄 Comparison: Article 282 vs Article 275
| Feature | Article 282 | Article 275 | ||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Type of Grant | Discretionary grant | Statutory grant | ||||||||||||||||||
| Purpose | 🔹 Article 281 of the Constitution of IndiaTitle: Recommendations of the Finance Commission 🔸 Text of Article 281
🔸 Explanation of Article 281This Article ensures transparency and accountability in how the Union Government handles Finance Commission recommendations. 📌 Key Points:The Finance Commission (established under Article 280) recommends: Distribution of taxes between Union and States. Grants-in-aid to States. Measures to improve the financial status of governments. Article 281 requires: The President of India to lay: The Commission’s report, and An explanatory memorandum (what actions were taken on those recommendations) Before both Houses of Parliament – Lok Sabha and Rajya Sabha. 🔸 Purpose of Article 281Brings Parliamentary oversight into the financial distribution process. Keeps the executive answerable for accepting, rejecting, or modifying recommendations. Helps in ensuring fiscal federalism and cooperative governance. 🔸 Case Laws Relevant to Article 281🧑⚖️ Union of India v. State of Bihar, AIR 1970 SC 1446Context: Dispute over tax distribution based on Finance Commission's recommendations. Held: While the Finance Commission is advisory, the President is bound to lay its report before Parliament under Article 281. Significance: Reinforced that Parliament has final say, not the Commission. 🧑⚖️ State of Karnataka v. Union of India, AIR 1978 SC 68Issue: Whether recommendations of the Finance Commission are binding. Held: The recommendations are not binding, but the process under Article 281 is mandatory — i.e., report and action taken must be placed before Parliament. 🧑⚖️ Gujarat v. Union of India, AIR 1982 SC 1224Held: Parliament’s decisions regarding financial distribution may be influenced by the Finance Commission, but they are sovereign, and the report itself doesn’t have legislative force. 🔸 How Article 281 Works in Practice
🔸 Example15th Finance Commission (2021–26): 🔸 Related Articles
🔸 ConclusionArticle 281 strengthens: Parliamentary oversight over inter-governmental financial recommendations. Transparency in how Union Government acts on Finance Commission advice. Accountability in the fiscal federal setup. Would you like a chart comparing Articles 280, 281, and 275, or a brief Hindi summary for notes or teaching purposes? | Specific purposes (esp. for tribal and backward areas) | ||||||||||||||||||
| Requirement | No need for Finance Commission recommendation | Based on Finance Commission report |
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