THE CONSTITUTION (SEVENTY-FIFTH AMENDMENT) ACT, 1993
Statement of Objects and Reasons appended to the Constitution
(Seventy-seventh Amendment) Bill, 1992 which was enacted as
the Constitution (Seventy-fifth Amendment) Act, 1993
STATEMENT OF OBJECTS AND REASONS
The operation of the Rent Control Legislations, as are today in
various States, suffers from major weaknesses and has led to various
unintended consequences. Some of the deleterious legal consequences
include mounting and unending litigation, inability of the courts to
provide timely justice, evolution of practices and systems to by pass
the operations of rent legislations and steady shrinkage of rental
housing market.
2. The Supreme Court, taking note of the precarious state of rent
litigation in the country, in the case of Prabhakaran Nair and others
Vs. State of Tamil Nadu (Civil Writ Petition 506 of 1986 and other
writs) observed that the Supreme Court and the High Courts should be
relieved of the heavy burden of rent litigation. Tiers of appeals
should be curtailed. Laws should be simple, rational and clear.
Litigations must come to end quickly. The idea of a National Rent
Tribunal on an all-India basis with quicker procedure should be
examined.
3. It is proposed to amend article 323B in Part XIVA of the
Constitution so as to give timely relief to the rent litigants by
providing for setting up of State-level Rent Tribunals in order to
reduce the tiers of appeals and to exclude the jurisdiction of all
courts, except that of the Supreme Court, under article 136 of the
Constitution.
4. The Bill seeks to achieve the aforesaid objects.
NEW DELHI; SHEILA KAUL.
The 23rd June, 1992.
THE CONSTITUTION (SEVENTY-FIFTH AMENDMENT)
ACT, 1993
[5th February, 1994.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-fourth Year of the Republic
of India as follows:-
1. Short title and commencement.-(1) This Act may be called the
Constitution (Seventy-fifth Amendment) Act, 1993.
(2) It shall come into force on such date_682 as the Central
Government may, by notification in the Official Gazette, appoint.
2. Amendment of article 323B.-In article 323B of the Constitution, in
clause (2),-
(a) sub-clauses (h) and (i) shall be re-lettered as sub-clauses (i)
and (j), and before sub-clause (i), as so re-lettered, the following
sub-clause shall be inserted, namely:-
“(h) rent, its regulation and control and tenancy issues including the
right, title and interest of landlords and tenants;”;
(b) in sub-clause (i), as so re-lettered, for the brackets and letter
“(g)”, the brackets and letter “(h)” shall be substituted;
(c) in sub-clause (j), as so re-lettered, for the brackets and letter
“(h)”, the brackets and letter “(i)” shall be substituted.