Himachal Pradesh assembly on Wednesday passed a controversial amendment bill to the Real Estate Regulatory Authority (RERA) Act amid fierce opposition protests, replacing the Chief Justice with the Chief Secretary as Chairman of the selection committee for RERA chairperson and members.
The passage of the bill led to dramatic scenes in the house, with heated exchanges between Chief Minister Sukhvinder Singh Sukhu and Leader of Opposition Jairam Thakur, followed by a BJP walkout as opposition MLAs raised slogans and stormed out of the assembly.
Opposition cries foul
BJP MLA Randhir Sharma questioned the constitutional validity of the amendment, arguing that the state government cannot modify a central act. “How can a secretary-level officer interview the chief secretary if the chief secretary himself is an applicant for the RERA chairperson post? The government cannot amend this,” he said.
Sharma added that the move amounts to a confrontation with the judiciary and accused the government of not knowing who they are bringing this act for.
BJP MLA Trilok Jamwal stated that the amendment would allow the government to nominate anyone according to its own convenience. “This amendment is not legally sound. After this provision, the government will appoint people in its own way,” he warned.
Government defends move
Urban Planning Minister Rajesh Dharmani defended the amendment, stating there is no question of confrontation with the judiciary. “We respect the judiciary. The High Court has many cases to handle. This is the work of the executive, and we have brought this with that intention. There is no ego involved here,” he said.
Dharmani asserted that the state government has the right to bring such amendments and clarified that it is not being done to appoint any specific individual. He pointed out that even during the BJP’s tenure, the Chief Secretary served as RERA chairperson, and accused the opposition of questioning the bureaucracy.
Jairam attacks government’s ‘ego’
Leader of Opposition Jairam Thakur intensified his attack, calling it a matter of ego. For Chief Secretaries, the RERA Chairperson position would be the best post, with facilities equivalent to a High Court Judge and lifelong financial benefits,” he argued.
Thakur questioned the propriety of having an additional chief secretary as chairman of the selection panel, saying it would not lead to fair decisions. “RERA will be run by the government like any government department. This is a central act,” he emphasized.
He also reminded the house that the current government had appointed its own advisor as RERA chairperson, questioning the moral ground for such amendments.
CM hits back
Chief Minister Sukhu fired back at the opposition, saying, “These people lecture us on morality. That’s why I say the Leader of Opposition remains under stress. He had also appointed his advisor as RERA chairperson.”
The CM pointed out that amendments to the NDPS Act and Factory Act were also made during the BJP’s tenure. “In a democracy, all pillars have their own work. If the executive’s work has been given to the judiciary, it can be taken back,” he stated.
Sukhu strongly defended the integrity of the chief secretary and additional chief secretary, calling it wrong to question their honesty. “The government doesn’t have to make appointments. We have used constitutional provisions. We respect and honor the judiciary,” he asserted.
What the amendment means
The controversial amendment shifts the power to select RERA chairperson and members from a committee headed by the chief justice to one headed by the chief secretary. This change has raised concerns about:
- Potential conflict of interest if the chief secretary applies for the RERA chairperson position
- Undermining judicial oversight in an authority meant to protect consumer interests
- Concentration of power in the executive’s hands
- Independence and impartiality of RERA’s functioning
The RERA chairperson enjoys facilities and financial benefits equivalent to a High Court judge throughout their lifetime, making it an attractive position for senior bureaucrats.
Political implications
The passage of the bill and the subsequent BJP walkout have further deepened the rift between the ruling Congress and opposition BJP in the state assembly. The controversy is likely to continue beyond the winter session, with the opposition threatening to challenge the amendment’s constitutional validity.
The amendment has also sparked debate about the balance of power between the judiciary and executive in quasi-judicial bodies like RERA, which were created to provide speedy redressal to homebuyers and maintain transparency in the real estate sector.
