House clears RERA amendment Bill amid walkout by Opposition

The Himachal Pradesh Vidhan Sabha on Wednesday witnessed a tense and combative session as it passed a Bill amending the selection mechanism for appointing the Chairperson and Members of the Real Estate Regulatory Authority (RERA). The legislation replaces the Chief Justice of the High Court with the Chief Secretary as the head of the three-member selection committee, triggering sharp objections from the Opposition.

The amended framework designates the Chief Secretary as Chairperson, the Housing Department Secretary as Member-Convener and the Law Secretary as Member of the selection committee. A provision has also been added to ensure that if the Chief Secretary is an applicant or faces a conflict of interest, an Additional Chief Secretary or another Secretary-level officer with substantial administrative experience may lead the panel.

The Opposition, led by Jai Ram Thakur, termed the amendment a direct attempt to dilute the Centre’s framework under the Real Estate (Regulation and Development) Act, 2016. Thakur argued that the Central Act mandates the Chief Justice of the High Court as the head of the selection panel, uniformly followed across states. He warned that replacing a judicial authority with a top bureaucrat could undermine the independence of RERA and invite needless confrontation with the judiciary.

Thakur further brandished a Supreme Court judgment in the House, asserting that states have been clearly barred from altering the selection mechanism prescribed under the Central law. BJP MLAs Rakesh Jamwal and Randhir Sharma questioned the logic of changing rules when RERA appointments had already been made recently. Jamwal maintained that only the Central Government is empowered to frame rules for the selection process, while Sharma accused the government of attempting to bring an autonomous authority under executive control.

Chief Minister Sukhvinder Singh Sukhu rejected the allegations, insisting that RERA falls under the Concurrent List of the Constitution, allowing states to enact their own amendments. His remark — “aapne law nahi pada” — directed at Thakur drew sharp protests from the Opposition. Moments later, the BJP staged a walkout.

With the Opposition absent, Town and Country Planning Minister Rajesh Dharmani urged the House to clear the Bill. It was subsequently passed unanimously by voice vote, setting the stage for a likely legal and political showdown in the coming days.