GST council is a constitutional body under article 279 A. GST council decides every matter related to GST. This council is headed by finance minister. When you investigate the members of GST council finance minister is a member and minister of state under finance ministry is also a member. So, two members will be representing central government. Finance minister of states plus finance ministers of union territories which has assembly and finance ministers from states in UT and minister of state under finance ministry, they all put together comprise the GST council. There are other members also, but it is only these members who have voting rights.
Any decision regarding GST will be decided based on majority consensus. Central government is represented by two individuals but states and unitary put together we have 30 plus members; it is obvious that whatever states decide that will be the decision. In order to avoid such lop-sidedness, in GST council differential voting weightage will be given.
For central government, for finance minister and minister of state from central government, putting together they will have one third voting weightage. All the finance ministers and from states and union territories if they all put together, they will have two third voting weightage. Even now two third voting weightage is for states and union territories. So, if you ask that their decision will be final then its no. In GST council, to take a decision, they need three fourth majority support that means central government all alone cannot take a decision or state governments and union territories all alone cannot take a decision. We need a cooperation between central and state governments that is why we say GST council is an example for cooperative federalism. So only based on the cooperation between central and state government we can take a decision on GST council.
The minimum attendance required to conduct the meeting that is called as quorum, is 50 percentage. Minimum 50 percent of members should be present to conduct a meeting and to take a decision.
We may have doubt on what kind of decisions they will be taking in this GST council. So, matters related to goods and services which should be subjected to GST or exempted from GST. Any model laws on GST will be decided. Apportionment of revenue that is how much revenue should go to centre and state, that will be decided by this Council. Threshold limit, till which earnings GST is not imposed; only when you cross 40 lakh rupees of turnover GST is imposed like that, the threshold limit when GST will be imposed, the threshold income limit will be decided by this GST council. Tax rates, special rate under GST will be decided. For gold it is three percent like that tax rates will be decided by this GST council.
Special provisions related to Himalayan states hilly states will be decided by GST council. Any other matter related to GST will be decided by GST council and the date from which petroleum will be brought under GST will also be decided by GST council.
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