What is/are true in reference to the Finance Commission? (i) There are total 5 members in Commission (ii) At least one member of Commission must be Judge of High Court or Supreme Court  (iii) The Chairman of Commission cannot be reappointed (iv) First Chairman of Commission was K. Santhanam

What is/are true in reference to the Finance Commission? (i) There are total 5 members in Commission (ii) At least one member of Commission must be Judge of High Court or Supreme Court  (iii) The Chairman of Commission cannot be reappointed (iv) First Chairman of Commission was K. Santhanam Correct Answer Only (i)

The correct answer is Only (i).

Key PointsFinance Commission:

  • Article 280 of the Constitution of India provides for a Finance Commission as a quasi-judicial body. 
  • It is constituted by the president of India every fifth year or at such an earlier time as he considers necessary.
  • The Finance Commission consists of a chairman and four other members to be appointed by the president. Hence statement (I) is correct.
  • According to Article 280 (2) of the constitution, Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected. Hence, it is not necessary that at least one member of the Commission must be a Judge of the High Court or Supreme Court. Hence statement (II) is incorrect.
  • They hold office for such a period as specified by the president in his order.
  • They are eligible for reappointment. Hence statement (III) is incorrect.
  • Accordingly, the Parliament has specified the qualifications of the chairman and members of the commission.
  • The First Chairman of the Commission was K. C. Neogy and Fifteenth Chairman is N. K. Singh. Hence statement (IV) is incorrect.

Additional InformationFinance Commission Composition  

  • The chairman should be a person having experience in public affairs and the four other members should be selected from amongst the following:
    • A judge of the high court or one qualified to be appointed as one.
    • A person who has specialized knowledge of finance and accounts of the government.
    • A person who has wide experience in financial matters and administration.
    • A person who has special knowledge of economics.
  • The prominent function of FC is the distribution of the net proceeds of taxes to be shared between the Centre and the states, and the allocation between the states of the respective shares of such proceeds.
  • Under Article 279 -“net proceeds” of any tax or duty, or any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final.

Related Questions

A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.