Question

The recommendations of the GST council are...

• A. Strictly binding on the States
• B. Having only persuasive value
• C. Arbitrarily imposed on the states to comply with
• D. Barred from judicial scrutiny
• A. Legislate in all the areas in which Union Government can legislate
• B. Legislate in a limited area as approved by Union Government
• C. Legislate but it should be ratified by the Union Government
• D. Not legislate anything related to GST implementation

Answer 1

The Correct Option is B

Step 1: Understanding the Question
The question asks about the legal nature or status of the recommendations made by the GST Council, based on the Supreme Court's judgment described in the passage.

Step 2: Locating the Key Phrase in the Passage
The passage contains a very specific statement from the court on this matter. It says: "Parliament had intended for the Council's recommendations to only have 'a persuasive value', as per the Court." It also states that the recommendations "are not binding on them" (the Union and State legislatures).

Step 3: Evaluating the Options


(A) Strictly binding on the States: This is directly contradicted by the passage, which says the recommendations are "not binding."

(B) Having only persuasive value: This option uses the exact phrase from the passage to describe the court's finding. It accurately reflects that the recommendations are suggestions, not commands.

(C) Arbitrarily imposed on the states to comply with: The passage mentions that some opposition states termed the Centre's decisions as an "'arbitrary imposition'," but the court's verdict actually empowers the states by saying the recommendations are not binding, thus opposing the idea of arbitrary imposition.

(D) Barred from judicial scrutiny: The fact that the Supreme Court pronounced a verdict on the nature of the GST Council's recommendations proves that they are not barred from judicial scrutiny.


Step 4: Final Answer
The passage explicitly states that according to the Supreme Court, the recommendations of the GST Council have 'a persuasive value'. Therefore, option (B) is the correct answer.

Answer 2

Step 1: Understanding the Question
The question asks about the powers of State legislatures regarding GST laws, according to the Supreme Court's judgment mentioned in the passage.

Step 2: Finding the Court's Ruling on Legislative Powers
The passage summarizes the court's holding on this issue clearly: "Invoking the spirit of cooperative federalism, the Court has held that both the Union and State legislatures have 'equal, simultaneous and unique powers' to make GST laws...".

Step 3: Interpreting the Ruling and Evaluating the Options
The phrase "equal, simultaneous and unique powers" means that the states have the same level of authority as the Union (central) government to legislate on GST. They can act at the same time, and their power is distinct and not subordinate.


(A) Legislate in all the areas in which Union Government can legislate: This aligns with the court's finding of "equal" and "simultaneous" powers. If the powers are equal, states can legislate in the same GST-related areas as the Union.

(B) Legislate in a limited area as approved by Union Government: This suggests a subordinate role for the states, which contradicts the "equal" and "unique" nature of their powers.

(C) Legislate but it should be ratified by the Union Government: This also implies subordination, which is contrary to the court's ruling.

(D) Not legislate anything related to GST implementation: This is directly opposite to the court's finding that states do have the power to make GST laws.


Step 4: Final Answer
The Supreme Court's judgment affirms that state legislatures have powers equal to the Union government in making GST laws. Therefore, they can legislate in the same areas. Option (A) is the correct answer.