International Journal For Multidisciplinary Research

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Volume 8 Issue 3
May-June 2026

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Terms of References a Tool to Control Finance Commission

Author(s) V V S S Praveena
Country India
Abstract The President of India holds significant fiscal powers under the Constitution, particularly in matters related to financial distribution between the Union and the States. These powers include the appointment of the Finance Commission under Article 280, setting its Terms of Reference (ToR), and deciding on tax devolution and grants-in-aid based on the Commission’s recommendations. The intent of the Constituent Assembly in granting these powers was to ensure financial stability, equitable distribution of resources, and a mechanism to balance Union-State fiscal relations. The framers envisioned that the Finance Commission would serve as an independent expert body guiding financial allocations, while the President would act as a constitutional authority to implement these recommendations in a fair and non-political manner.
However, in practice, the President’s power in framing ToRs has often been influenced by the Union Government’s fiscal and political priorities, leading to concerns over financial centralization. Over time, the scope of Finance Commissions has expanded beyond tax-sharing to include broader economic policies, sometimes imposing conditions that favor Union interests over State autonomy. Notable instances, such as the Fifteenth Finance Commission’s ToR, which included defense funding and demographic changes, have sparked criticism that the Finance Commission is being used as a policy tool rather than an independent fiscal body. This paper examines the evolution of presidential power in financial matters, the shifting role of the Finance Commission, and the implications of ToR modifications on India’s fiscal federalism, highlighting the need for greater transparency, State consultation, and institutional safeguards to preserve the original intent of the Constitution.
Keywords fiscal federalism, TOR , finance commission, constituent assembly, taxing powers,
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-05-18
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E-ISSN 2582-2160
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