सं Samvidhan

The Constitution of India

Article 271

Surcharge on certain duties and taxes for purposes of the Union

Why this exists

Articles 269 and 270 set up a system where many important taxes collected by the Union are shared with the states through the Finance Commission's formula. Article 271 was designed as a safety valve for the Union: it lets Parliament raise extra revenue quickly for national needs (like emergencies or special projects) without having to divide that additional amount with the states, since a surcharge is treated as separate from the base tax that falls under the sharing rules.

Common misconceptions
  • Myth: All money from surcharges is eventually shared with the states like normal tax revenue.
    Fact: Article 271 says surcharge proceeds go entirely to the Union's Consolidated Fund of India, not to the shared pool used to distribute taxes among states.
  • Myth: Article 271 allows surcharges on any tax at all.
    Fact: The Article specifically applies to duties or taxes mentioned in Articles 269 and 270, not to every possible tax.