Constitution of India, 1949
243I. Constitution of finance Commissions to
review financial position. —
(1) The Governor of a State shall, as soon as may be within one
year from the commencement of the Constitution (Seventy-third Amendment) Act,
1992, and thereafter at the expiration of every fifth year, constitute a
Finance Commission to review the financial position of the Panchayats and to
make recommendations to the Governor as to—
(a) the principles which should govern—
(i) the distribution between the State and the
Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by
the State, which may be divided between them under this Part and the allocation
between the Panchayats at all levels of their respective shares of such
proceeds;
(ii) the determination of the taxes, duties,
tolls and fees which may be assigned to, or appropriated by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from
the Consolidated Fund of the State;
(b) the measures needed to improve the
financial position of the Panchayats;
(c) any other matter referred to the Finance
Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition
of the Commission, the qualifications which shall be requisite for appointment
as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall
have such powers in the performance of their functions as the Legislature of
the State may, by law, confer on them,
(4) The Governor shall cause every recommendation made by the
Commission under this article together with an explanatory memorandum as to the
action taken thereon to be laid before the Legislature of the State.