Himachal Pradesh Passes RERA Amendment Bill as Opposition Walks Out Over Key Change
The Himachal Pradesh Assembly has approved the Real Estate (Regulation and Development) Amendment Bill, triggering significant political contention and an opposition walkout. The amendment alters the authority responsible for recommending RERA members, shifting the role from the High Court Chief Justice to the state Chief Secretary. This structural change has heightened debates about transparency, governance, and institutional balance in the state's real estate regulatory framework.
Under the current structure, the High Court Chief Justice chairs the committee responsible for recommending the chairperson and members of the Real Estate Regulatory Authority. The amendment proposes replacing this judicial oversight with administrative oversight, a move the government claims will streamline the selection process. Additionally, the Bill introduces a fixed four-year, non- renewable tenure for RERA officials, replacing the existing five-year term while maintaining the age cap of 65.
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Opposition members, including Leader of Opposition Jai Ram Thakur and BJP legislators Randhir Sharma and Trilok Jamwal, strongly objected to the amendment. They argued that RERA is a central act and that the state government lacks competence to modify its provisions. Citing Supreme Court observations regarding tribunal independence, they warned against interference in institutions perceived to have constitutional stature.
Chief Minister Sukhvinder Singh Sukhu defended the amendment, asserting that any respected public figure with relevant experience could chair the selection committee. He emphasized the state's authority to legislate on matters under the concurrent list and noted that previous BJP governments had amended other central laws such as the NDPS and Factory Acts. Sukhu reiterated that the government holds the High Court in high regard and intends no dilution of judicial sanctity.
As protests escalated, BJP MLAs staged a walkout, after which the Bill was passed in their absence. The amendment will take effect once it receives approval from the President of India. With both sides standing firm, the development has sparked a larger debate on the balance between administrative efficiency and judicial oversight in real estate regulation across Himachal Pradesh.
