Question 27 of 42 · Constitutional Amendments
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A new entry, 'Taxes on services', was added to the Union List, and a new Article 268A on service tax was inserted, by the:

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Answer: Option B — 88th Amendment Act, 2003

Detailed Solution

The 88th Constitutional Amendment Act, 2003, added a new entry (Entry 92C, "Taxes on services") to the Union List in the Seventh Schedule, and inserted Article 268A, which provided that service tax would be levied by the Union and collected and appropriated by the Union and the States.

Background of service tax:

  • Service tax was first introduced in India in 1994, on the recommendation of the Raja Chelliah Committee on tax reforms.
  • It was initially levied on only three services: telephone services, non-life insurance, and stock broking.
  • Since the Constitution did not specifically mention services, the Centre levied service tax under its residuary powers.
  • The growth of the services sector, which became the largest part of the Indian economy, made it important to give the tax a clear constitutional basis.

What the 88th Amendment did:

  • It gave the Union the specific power to levy taxes on services.
  • It provided for the sharing of the proceeds between the Union and the States, as decided by Parliament.
  • The new Article 268A, however, was never brought into force, and the Centre continued to levy service tax under the existing provisions.

Service tax and GST:

  • With the introduction of the Goods and Services Tax (GST) on 1 July 2017, service tax was subsumed in GST.
  • The 101st Amendment (2016), which introduced GST, omitted Article 268A and Entry 92C.

Distribution of taxes between the Union and the States:

The Constitution lists the taxes that can be levied by the Union and by the States, and lays down how the proceeds of certain taxes are shared between them, on the recommendations of the Finance Commission.

Why not the other options?

  • ✗The 80th Amendment changed the scheme of tax sharing; the 92nd Amendment added four languages to the Eighth Schedule; the 101st Amendment introduced GST.

Quick tip

Remember: 88th Amendment (2003) = "Taxes on services" added to the Union List (Entry 92C) and Article 268A; later omitted by the 101st Amendment (GST).

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Constitutional Amendments — Preparation

This question tests your understanding of Constitutional Amendments, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the procedure for amending the Constitution under Article 368 and the most important amendments, such as the 1st, 7th, 42nd, 44th, 52nd, 61st, 73rd, 74th, 86th, 101st and 103rd Amendments, along with the basic structure doctrine. Exams ask what a particular amendment did: the 61st lowered the voting age from 21 to 18, the 73rd and 74th gave constitutional status to panchayats and municipalities, the 86th made education a Fundamental Right, and the 101st introduced GST. The 42nd Amendment (1976) is often called the 'mini-Constitution' because of how much it changed. Practise the constitutional amendments questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.