75. The Constitution (Seventy-fifth Amendment) Act, 1994—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 mending
litigation, inability of the courts to provide timely justice, evolution of practices and systems to
bypass the operations of rent legislations and steady shrinkage of rental housing market.
The Supreme Court taking note of the precarious state of rent litigation in the country in case of
Prabhakaran Nair and others vs. State of Tamilnadu (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.
Therefore, this Act amends 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.
