Introduction: The Financial Backbone of States
The financial administration of a state in India is a critical aspect of its governance, constitutionally mandated through the Annual Financial Statement, commonly known as the State Budget. Articles 202 to 206 of the Indian Constitution govern the procedure for legislative control over state finances. This process, largely mirroring the Union Parliament's budgetary procedure, ensures accountability, transparency, and legislative approval for all state government expenditures and revenues. It involves the presentation of the budget, its discussion, approval of expenditure, and enactment of financial laws, primarily under the purview of the Legislative Assembly.
Source: M. Laxmikanth - Indian Polity, NCERT - Indian Constitution at Work, IGNOU - Public Administration Modules
15.8.1: State Budget Enactment Procedure
The procedure for enacting the budget in the State Legislature involves several stages, closely resembling those at the Union level. The entire process aims to provide legislative sanction for revenue collection and expenditure.
Presentation of the Budget (Art 202)
The Governor lays the Annual Financial Statement before the State Legislature. It details estimates of receipts and expenditures, divided into votable and charged sums.
General Discussion
Both Houses (if bicameral) discuss the budget as a whole. No motions or voting occur at this stage. It's for broad principles and policy.
Scrutiny by Committees
Departmental Standing Committees (if any) examine Demands for Grants in detail and prepare reports for the Houses.
Voting on Demands for Grants (Art 203)
Exclusive to the Legislative Assembly. Demands are voted Ministry by Ministry. Assembly can assent, refuse, or reduce amounts via cut motions.
Passing of Appropriation Bill (Art 204)
Authorizes withdrawal of money from the Consolidated Fund to meet voted grants and charged expenditure. No amendments varying amounts.
Passing of Finance Bill (Art 207)
Gives effect to tax proposals (new taxes, modifications). Must be passed by March 31st for continuity. Follows Money Bill procedure.
Source: M. Laxmikanth - Indian Polity; IGNOU - Public Administration Modules
15.8.2: Charged Expenditure on Consolidated Fund (Art 202(3))
Definition
Charged expenditure refers to those expenditures that are not subjected to the vote of the Legislative Assembly. They are non-votable, meaning the Assembly cannot reduce or reject them. However, they are open for discussion in the Legislative Assembly.
Examples of Charged Expenditure:
Governor's Office
Emoluments, allowances, and other expenditure relating to the Governor's office.
Legislative Presiding Officers
Salaries & allowances of Speaker/Deputy Speaker (Assembly) and Chairman/Deputy Chairman (Council).
Debt Charges
Interest, sinking fund charges, and other expenditures relating to raising and servicing of loans.
High Court Judges
Salaries, allowances, and pensions payable to the Judges of the High Court.
State Election Commissioner
Salaries, allowances, and pensions payable to the State Election Commissioner.
CAG Audit Reports
Expenditure relating to the audit reports of the Comptroller and Auditor General (CAG) relating to the state.
Court Judgments/Awards
Sums required to satisfy any judgment, decree, or award of any court or arbitral tribunal.
Other Declared Expenditures
Any other expenditure declared by the Constitution or by a law made by the State Legislature to be so charged.
Source: Article 202(3) of the Indian Constitution; M. Laxmikanth - Indian Polity
15.8.3: Other Grants (Articles 205, 206)
These grants deal with situations where the initial budget is insufficient or unforeseen expenditures arise, providing flexibility to state financial management.
Granted when the amount authorised for a particular service for the current financial year is found to be insufficient. This usually occurs when new services are initiated or the scope of existing services expands during the year, requiring additional funds.
Granted when a need arises during the current financial year for additional expenditure upon some new service not contemplated in the annual financial statement for that year. This covers completely new initiatives not budgeted for.
Granted when money has been spent on any service during a financial year in excess of the amount granted for that service in the budget for that year. These are presented to the Assembly for approval after the financial year has ended and after the accounts have been audited by the CAG. The Public Accounts Committee (PAC) usually examines such excess expenditures.
Granted for meeting an unexpected demand for funds concerning a service for which the magnitude or the indefinite character of the service makes it impossible to state with the details ordinarily given in a budget. It is an ad hoc grant made when funds are required urgently, without detailed estimates. Examples include natural calamities or war.
Granted for a special purpose and forms no part of the current service of any financial year. These are usually for very unique and non-recurring expenses.
Granted when funds are required for a new service, but money can be reappropriated from other existing services for that new service. A demand for a token sum (e.g., Re. 1) is voted to allow the introduction of the new service and reappropriation of funds. No actual expenditure is approved through this, just a formality to enable reappropriation.
Source: Articles 205, 206 of the Indian Constitution; M. Laxmikanth - Indian Polity
15.8.4: State Funds (Articles 266, 267)
The Constitution provides for three types of funds for the state, through which all financial transactions are managed.
Consolidated Fund of State (Art 266(1))
All state revenues, loans, and repayments are credited here. All legal expenditures are met from this fund.
Requires legislative appropriation for withdrawal.
Public Account of State (Art 266(2))
Accounts for public money held in trust by the state (e.g., PF deposits, judicial deposits).
No legislative appropriation needed for withdrawal.
Contingency Fund of State (Art 267(2))
Imprest fund at Governor's disposal for unforeseen urgent expenditures, pending legislative authorisation.
Requires subsequent legislative approval for recoupment.
Source: Articles 266, 267 of the Indian Constitution; M. Laxmikanth - Indian Polity
Summary Table: Key Aspects of State Budget
Feature | Description | Constitutional Article(s) |
---|---|---|
Annual Financial Statement | State's estimated receipts & expenditures for a financial year, presented by Governor. | Art 202 |
Budget Stages | Presentation, General Discussion, Scrutiny by Committees, Voting on Demands (Assembly), Appropriation Bill, Finance Bill. | Art 203, 204, 207 |
Assembly's Power | Exclusive power to vote on demands for grants; can accept, refuse, or reduce. | Art 203 |
Council's Power | Can discuss budget, but cannot vote on demands. On Appropriation/Finance Bill, 14 days delay. | Art 203, 204, 207 |
Charged Expenditure | Non-votable by Assembly, but open for discussion. Examples: Governor's emoluments, High Court Judges' salaries, State Election Commissioner, debt charges. | Art 202(3) |
Supplementary Grant | For insufficient funds for a service. | Art 205 |
Additional Grant | For new service not contemplated in budget. | Art 205 |
Excess Grant | When expenditure exceeds budgeted amount (after financial year). | Art 205 |
Vote of Credit | For unexpected, indefinite demand (e.g., calamity). | Art 206 |
Exceptional Grant | For a special purpose, not part of current service. | Art 206 |
Consolidated Fund | All state revenues, loans, and repayments. All expenses met from here. Requires legislative appropriation for withdrawal. | Art 266(1) |
Public Account | Other public money held by state (e.g., PF, deposits). No legislative appropriation needed for withdrawal. | Art 266(2) |
Contingency Fund | Imprest at Governor's disposal for unforeseen urgent expenses. Requires subsequent legislative approval. | Art 267(2) |
Prelims-ready Notes
- Budget (Annual Financial Statement): Art 202. Presented by Governor.
- Voting on Demands: ONLY in Legislative Assembly (Art 203). Council cannot vote.
- Charged Expenditure (Art 202(3)): Non-votable, but debatable. E.g., Gov, Speaker, HC Judges salaries, debt.
- Appropriation Bill (Art 204): Withdraws money from Consolidated Fund for voted grants & charged expenditure. No amendments changing amounts/destinations.
- Finance Bill (Art 207): Gives effect to tax proposals.
- Other Grants (Art 205, 206): Supplementary (insufficient), Additional (new service), Excess (expenditure beyond grant), Vote of Credit (unexpected, indefinite), Exceptional (special purpose).
- State Funds:
- Consolidated Fund (Art 266(1)): All revenue, loans. Legislative approval for withdrawal.
- Public Account (Art 266(2)): Provident funds, deposits. No legislative approval for withdrawal.
- Contingency Fund (Art 267(2)): Governor's imprest for unforeseen needs. Subsequent legislative approval required.
Mains-ready Analytical Notes
- Financial Autonomy of States: Often constrained by central transfers, CSS, and national policies (e.g., GST).
- Effectiveness of Legislative Scrutiny: Limitations in time, expertise, and political will hinder oversight; "guillotine" process.
- Role of Legislative Council: Negligible role in financial matters raises questions about its utility.
- Fiscal Responsibility & Budget Management (FRBM) Acts: States' own FRBM Acts (mirroring central act) ensure fiscal discipline.
- Increased Dependence on Centre: States increasingly rely on central transfers despite constitutional provisions for own revenue.
- GST Impact: Subsumed state indirect taxes, affecting independent revenue generation but with compensation.
- Rise of Charged Expenditure: Reduces scope for legislative vote, though typically a minor proportion.
- Shift to Outcome-Based Budgeting: Some states experimenting to link expenditure with tangible results.
- State Fiscal Health: Crucial for managing debt, deficits, and capital expenditure; post-COVID stress.
- Implementation of Central Schemes: Dictates state priorities and reduces spending flexibility.
- Resource Mobilization: Reflects efforts to attract investment and manage public sector enterprises.
- Accountability and Transparency: Budget process, coupled with CAG audits, ensures governmental accountability.
- State Budgets FY 2023-24 & 2024-25: Focus on capital expenditure, infrastructure, welfare, while managing debt and GST compensation cessation.
- Odisha's Fiscal Prudence: Often cited for lower debt-to-GSDP ratio, reflecting effective budgetary processes.
- Fiscal Stimulus during COVID-19: States incorporated significant stimulus packages and increased health expenditure, highlighting fiscal stress.
- CAG Reports on State Finances: Annually highlight financial mismanagement, excess expenditures, crucial for oversight.
- Recommendations of Finance Commissions: Influence state budgetary allocations and fiscal planning.
- State-level FRBM Acts: Aim to bring transparency and accountability, setting deficit targets.
- Green Budgeting/Gender Budgeting: Some states adopting these for environmental sustainability or women's empowerment.
Current Affairs & Recent Developments
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State Budget Presentations (FY 2024-25): Recent budgets focused on capital expenditure, green initiatives, tourism, social welfare. States like Kerala ("knowledge economy") and UP (infrastructure, youth employment) exemplify this. High debt levels remain a challenge. (Source: State Finance Department websites, major newspapers)
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Impact of Global Economic Slowdown: States are increasingly factoring in global economic slowdowns, inflation, and changing central government policies (e.g., shared taxes) on their revenue receipts.
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Supreme Court's observations on State Finances: While not direct rulings, comments on financial health (e.g., regarding 'freebies') indirectly influence budgetary considerations and fiscal prudence discussions.
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Focus on 'One District One Product' (ODOP): Several state budgets have allocated funds and emphasized schemes to promote district-level specific products, aiming to boost local economies and generate revenue, often aligning with central initiatives.
UPSC Previous Year Questions (PYQs)
Prelims MCQs:
Consider the following statements:
- The expenditure charged on the Consolidated Fund of India is subject to the vote of Parliament.
- The expenditure charged on the Consolidated Fund of India can be discussed in Parliament.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b)
Hint/Explanation: This question refers to the Union budget, but the principle is identical for the State Budget (Art 202(3)). Charged expenditure is not votable but can be discussed.
Mains Questions:
Critically examine the role of the Comptroller and Auditor General (CAG) of India in ensuring accountability of the government.
Direction:
This question directly links to the state budgetary process. The CAG audits state government accounts and expenditures, including excess grants (Art 205). CAG reports are crucial for legislative scrutiny of state budgets and financial discipline. An answer should discuss CAG's constitutional role (Art 148-151), audit functions, and how its reports influence legislative oversight and parliamentary (or assembly) committees like PAC.
Trend Analysis (Last 10 years - Prelims & Mains)
Prelims:
The trend in Prelims has generally been on the factual aspects of the budget process – who presents it, specific powers of the Assembly vs. Council, differences between Money Bills and Financial Bills, and classification of state funds (Consolidated, Public, Contingency). Questions on charged vs. votable expenditure are recurring, often implicitly or explicitly comparing state/union provisions.
Mains:
For Mains, questions on the state budget are less frequent as standalone topics compared to the Union Budget. However, they are often integrated into broader questions on fiscal federalism, the Governor's role, financial autonomy of states, Centre-State financial relations (e.g., role of Finance Commission, GST impact), and the effectiveness of legislative oversight. The analytical aspect focuses on the challenges faced by states in managing their finances, the impact of central policies on state budgets, and the need for greater fiscal space and accountability. Recent debates around state fiscal health and borrowing limits are highly relevant.
Original MCQs for Prelims
With reference to the financial procedure in a State Legislature, which of the following statements is/are correct?
- No demand for a grant can be made except on the recommendation of the Governor.
- The Legislative Council has the power to vote on demands for grants.
- Money charged upon the Consolidated Fund of the State is not submitted to the vote of the Legislative Assembly.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 1 and 2 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (c)
Explanation: Statement 1 is correct (Art 203(3)). Statement 2 is incorrect; the Legislative Council cannot vote on demands for grants (Art 203(2)). Statement 3 is correct (Art 202(3)).
Which of the following funds of a State does NOT require a law passed by the State Legislature for withdrawals?
- (a) Consolidated Fund of the State
- (b) Public Account of the State
- (c) Contingency Fund of the State
- (d) Both (a) and (c)
Answer: (b)
Explanation: Withdrawal from the Consolidated Fund requires an Appropriation Act (a law) (Art 204). The Contingency Fund is established by a law and initial corpus withdrawal from Consolidated Fund requires law, but operation by executive action, with subsequent recoupment requiring law. The Public Account can be operated by executive action without legislative appropriation (Art 266(2)).
Original Descriptive Questions for Mains
"While the State Legislature plays a crucial role in approving the budget, the real control over state finances is often diluted by structural limitations and political realities." Discuss this statement in the context of the budgetary procedure in Indian states.
Key Points/Structure:
- Introduction: Briefly explain the constitutional scheme of state budget approval (Art 202-206) and the legislative control mechanisms.
- Crucial Role of Legislature: Elaborate on how the Legislative Assembly ensures accountability: general discussion, voting on demands, cut motions, passing Appropriation and Finance Bills. Mention the role of committees.
- Structural Limitations: Limited scope of scrutiny (time, guillotine), Charged Expenditure, Legislative Council's Weakness, Fiscal Federalism (dependence on central transfers, GST impact).
- Political Realities: Executive dominance, Party Discipline, Ad hocism, Governor's Role.
- Conclusion: Summarize challenges. Emphasize strengthening legislative committees, improving financial literacy, and enhancing fiscal autonomy for effective legislative control.
Examine the significance of the various types of grants (Supplementary, Additional, Excess, Vote of Credit, Exceptional) in ensuring flexibility and accountability in state financial management, highlighting the role of the Comptroller and Auditor General (CAG) in this process.
Key Points/Structure:
- Introduction: Briefly explain annual budget cycle and need for supplementary grants.
- Significance of Each Grant Type (Flexibility): Supplementary/Additional (unforeseen needs), Vote of Credit/Exceptional (emergency funds), Excess (addresses overspending).
- Accountability Mechanisms: All grants require legislative approval; Excess Grants crucial for retrospective approval.
- Role of CAG: Pre-audit (indirect, informs scrutiny), Post-audit (direct & critical, audits all expenditures), Public Accounts Committee (PAC) examines CAG reports on excess expenditures.
- Conclusion: Grants offer flexibility; their effective scrutiny by legislature, supported by CAG's auditing, is paramount for accountability.