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UPSC Optional 2026Question 18Public AdministrationFinancial Administration150 words

"No tax shall be levied or collected except by authority of law." Analyse. (Answer in 150 words)

Model answer & approach

- "No tax shall be levied or collected except by authority of law." Analyse. (Answer in 150 words)
Introduction
The phrase “No tax shall be levied or collected except by authority of law” is embodied in Article 265 of the Constitution, ensuring that taxation is based on legislative sanction rather than executive discretion.
Body
Meaning and Significance:
1. Legislative Authority: Every tax must have a valid law enacted by a competent legislature.
2. No Executive Taxation: The executive cannot impose or collect a tax merely through administrative orders or notifications without statutory backing.
3. Federal Limitation: Parliament and State Legislatures can tax only within their respective constitutional fields under the Seventh Schedule.
4. Rule of Law: Taxation must be predictable, non-arbitrary and legally authorised.
5. Judicial Review: Courts can strike down taxes imposed without legislative competence or in violation of constitutional provisions.
6. Levy and Collection Both Covered: Even a valid tax cannot be collected in a manner not authorised by law.
Conclusion
Thus, Article 265 protects citizens from arbitrary fiscal exactions and reinforces constitutionalism, legislative supremacy in taxation and financial accountability.
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