Constitution of India · Part XII: Finance, Property, Contracts and Suits · Miscellaneous Financial Provisions
Article 288: Exemption from taxation by States in respect of water or electricity in certain cases
In plain words
Unless the President orders otherwise, State laws in force before the Constitution cannot tax water or electricity stored, generated, consumed, distributed or sold by an authority set up to regulate or develop an inter-State river or river valley.
- A State can impose such a tax by a new law only if it is reserved for and receives the President's assent, and rules fixing the rates need the President's prior consent.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley.
Explanation.—The expression “law of a State in force” in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 288
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The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
- Engineering Analysis Centre of Excellence Private Limited v. The Commissioner of Income Tax & Anr.
- Govt. of NCT of Delhi v. Union of India
- Jindal Stainless Ltd. & Anr v. State of Haryana & Ors
- Southern Petrochemical Industries Co. Ltd. v. Electricity Inspector and E.T.I.0. and Ors.
- State of A.P. v. National Thermal Power Corporation Ltd. and Ors.
- Damodar Valley Corporation v. State of Bihar & Ors.
- His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- State of Madras v. M/S. Swastik Tobacco Factory, Vedaranyam
- Atiabari Tea Co., Ltd. v. The State of Assam and Others. (And Connected Petition and Appeals)