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15 July, 2019

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GS-II Draft Model Tenancy Act
103rd Bill
GS-II :
Draft Model Tenancy Act

GS II Paper: Draft Model Tenancy Act.

Ministry of Housing and Urban Affairs (MOHUA) released the Draft Model Tenancy Bill, 2019 which aims to regulate rental housing by a market oriented approach.

Highlights of draft:

  • It mandates the landowner to give a notice in writing three months before revising rent.
  • It advocates appointing district collector as rent authority and heavy penalty on tenants for overstaying.
  • According to it, tenants overstaying will have to pay double the rent for two times and four times thereafter.
  • The security deposit to be paid by the tenant in advance will be a maximum of two months’ rent.
  • Agreements can be submitted through a dedicated digital platform.
  • The Model Act lays down various rules, including that the security deposit to be paid by the tenant should not exceed two months’ rent for residential property, and should be a minimum of one month’s rent for non-residential property.

Significance:

It is expected to give a fillip to private participation in rental housing for addressing the huge housing shortage across the country.

As per Census 2011, nearly 1.1 crore houses were lying vacant in the country and making these houses available on rent will complement the vision of ‘Housing for All’ by 2022.

 

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GS-II :
103rd Bill

  GS-II Paper

103 Constitutional Amendment Bill :

          Introduction:

  • 103rd  Constitutional  Amendment  Act reserves 10 per cent of jobs and places in educational institutions for citizens who fall into the ‘general’ category — those not specifically included in other categories such as SC, ST or OBC.

 

  • It amends Article 15 to additionally permit the government to provide for the advancement of “economically weaker sections”

 

 

  • It also amends Article 16 to permit the government to reserve up to 10% of all posts for the “economically weaker sections” of citizens.

 

  • The 10 per cent reservation will be in addition to the existing cap of 50 per cent reservation for the Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking the total reservation to 60 per cent.

 

  • The quota is targeted at economically weaker sections among the upper castes, with a family income ceiling of Rs 8 lakh per annum and who have less than five acres of agricultural land.

 

  • The amendment aims to fulfil the commitments of the directive principles of state policy under Article 46 , to promote the educational and economic interests of the weaker section of the society.

 

  • ‘Youth for Equality’ has questioned the constitutional validity of the 103 constitutional amendment act which was passed by both the House of Parliament after being presented (124th   amendment) bill ,2019.

 

  • The example of Tamil Nadu is been citied to propose that there ways and means to protect the amendment from Supreme Court declaring it unconstitutional.

 

  • Gujarat is the first state to implement the 10% quota reserved for people from economically weaker sections proposed under the 103rd constitutional amendment act.

 

Amended Articles:

  • Article 15 (6) is added to provide reservations to economically weaker sections for admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30. The amendment aims to provide reservation to those who do not fall in 15 (5) and 15(4) (effectively, SCs, STs and OBCs).
  • Article 16 (6) is added to provide reservations to people from economically weaker sections in government posts.
  • An explanation states that "economic weakness" shall be decided on the basis of "family income" and other "indicators of economic disadvantage."

Challenges:

  • The act contravenes both a Supreme Court ruling (Indira Sawhney case 1992) that reservation cannot exceed 50 per cent and the principle that backwardness for the purposes of reservation cannot be defined on economic status alone but must be rooted in social exclusion.
  • The impugned amendment fails to consider that Articles 14 (equality before law) and 16 (equality of opportunity in public employment) forms the basic feature of equality, and that they have been violated with the doing away of the restraints that were imposed on the reservation policy.
  • Income threshold is too high to be limited to poverty.
  • A formidable challenge is determining economic backwardness as current threshold is adopted without considering any report.
  • With government already reeling under burden due to scarce public resources, more reservation will only aggravate the existing problem.   
  • Even after years of reservation policy, there are no substantial evidences to support the achievements of the original intent of affirmative action, as the benefits haven't filtered down to the last person covered under it.
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