Testing The Constitutionality Of The Real Estate (Regulation and Development) Act, 2016

by Nikhil Issar

Under Entry 18 of the State List, states can make laws related to land, or rights in or over land; land improvement; and colonization of land. In response to parliamentary questions, the Ministry had stated it is primarily the responsibility of state governments to regulate real estate and that states must monitor real estate projects.[1] However, the scope of this Act is limited to contracts between buyers and promoters, and transfer of property. Both these items fall within the Concurrent List.[2] A government press release also states this position.[3] Continue reading Testing The Constitutionality Of The Real Estate (Regulation and Development) Act, 2016