Introduction: The Concept of Grundnorm

All human-made laws derive their legitimacy from a fundamental law, often referred to as the “parent law.” In legal terminology, this concept was introduced by Hans Kelsen in his ‘Pure Theory of Law.’ He coined the term “Grundnorm” to describe the fundamental law from which all other laws gain their authority. In India, the Constitution can be considered the perfect example of a Grundnorm.

Article 265: Taxes and the Authority of Law

The Constitution of India comprises 448 articles, one of which is Article 265, titled “Taxes not to be imposed save by authority of law.” The bare provision reads:

“No tax shall be levied or collected except by the authority of law.”

This clause contains two essential elements:

1. A taxing statute must exist.
2. The statute must be passed by an appropriate authority to ensure its validity.

This protects citizens from exploitation under the guise of authority.

The Definition of “Authority” in Article 265

The term “authority” has a broad scope. In India, the Parliament holds the supreme power to make laws, provided the subject matter falls within the Union’s legislative domain. Specifically, in taxation, Parliament can only impose taxes on subjects listed under the Union List. However, Parliament can sometimes impose taxes on subjects in the State or Concurrent Lists.

States also have the authority to impose taxes, as long as they pertain to matters within the State List. Similarly, municipalities, local bodies, and other government institutions can impose taxes if a law allows it.

Role of Judiciary in Interpreting Authority

The judiciary has the power to interpret and validate the authority of institutions claiming to impose taxes. Several key cases highlight how the courts have examined this issue.

Case Law: Poona Municipality vs. Dattatraya Nagesh Deodhar [AIR 1965 SC 555]

This case dealt with the recovery of money related to octroi duty, a local tax collected on goods brought into a city. Poona City Municipality had been collecting octroi duty since 1901. After the Bombay Provincial Municipal Corporation Act, 1949 came into effect, the municipality deducted 10% from octroi duty refunds, despite the new Act not authorizing such a deduction.

Key Rulings:

• The deduction was not permitted under the Bombay Municipal Corporation’s powers.
• No standing order justified the deduction.
• The deduction had no legal basis after the enactment of the new law.

Case Law: Chhotabhai Jethabhai Patel vs. Union of India [AIR 1962 SC 1006]

In this case, a tobacco company challenged the retroactive imposition of excise duty under the Finance Act, 1951. The Parliament had passed a bill amending the Central Excise and Salt Act, 1944, and applied the increased duty retroactively.

Key Rulings:

• Parliament, as a sovereign body, can pass laws with both prospective and retrospective effects.
• The duties levied under the Central Excises and Salt Act were valid, even when applied retrospectively.

Conclusion

The Constitution of India, as the Grundnorm, governs all laws, including taxing statutes. It ensures that taxation laws do not infringe upon the rights of taxpayers. The judiciary plays a critical role in interpreting the provisions of the Constitution, including determining which authorities are empowered to impose taxes and under what conditions.

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