75th Amendment Of Indian Constitution

75th amendment of indian constitution

The Constitution (Seventy-Fifth Amendment) Act, 1993 is the formal name of the 75th Amendment of Indian Constitution. This contains provisions for the establishment of rent control tribunals.

Read this article further to learn more about the changes done by the 75th amendment of the Indian Constitution. Also, you will understand the reason behind the need for such amendment and much more information. This will be worth reading for you if you are preparing for a competitive examination like UPSC. This is included in the Indian Polity of UPSC Syllabus.

75th Amendment Of Indian Constitution

 On 15 May 1994, the Seventy-fifth Amendment came into effect. When this amendment was passed, Pamulaparthi Venkata Narasimha Rao was the prime minister. This amendment was passed in the forty-fourth year of the Republic of India

This constitutional amendment modifies article 323B. It outlines the establishment of State-level Rent Tribunals. In accordance with Article 136 of the Constitution, this was done to limit the jurisdiction of all courts, excluding the Supreme Court.

Objects And Reasons

There are major weaknesses in the way that rent control laws now operate in a number of States. Moreover, it resulted in a number of unforeseen consequences. Negative legal repercussions include mounting and unending litigation, the court’s failure to deliver timely justice, the evolution of practices and procedures to get around the operations of rent legislation, and the steady shrinkage of the rental housing market.

In the case of Prabhakaran Nair and others v. Status of Tamil Nadu (Civil Writ Petition 506 of 1986 and other writs), the Supreme Court noted the fragile state of rent litigation in the country. Further stated that the Supreme Court and the High Courts should be divested of the heavy burden of rent litigation. Tiers of appeals should be reduced. Laws ought to be logical, rational, and unambiguous. Litigations need to be resolved fast. It would be wise to investigate the possibility of an all-India National Rent Tribunal with a quicker procedure.

The Constitution’s Part XIVA, Article 323B, is up for revision. This was done in order to eliminate the Supreme Court’s jurisdiction under Article 136 of the Constitution, establish State-level Rent Tribunals, and decrease the number of appeals stages. As a result, rent litigants will be able to receive timely relief.

The goals of the bill are those listed above.

Constitutional Amendment

75th amendment of Indian Constitution amended article 323B. The Indian Constitution has made provisions for setting up State-level Rent Tribunals, which will provide timely relief to rent litigants. These tribunals will be able to decide disputes on rent and will be independent of all courts, except the Supreme Court.

Conclusion

In order to limit the authority of all courts, save the Supreme Court, under Article 136 of the Constitution, the 75th amendment of the Indian Constitution allows for the creation of State-level Rent Tribunals. It enforces on 15th May 1994.

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