Himachal Drops Chief Justice From RERA Selection Panel as Assembly Clears Amendment Bill

The Himachal Pradesh Legislative Assembly has passed the Real Estate (Regulation and Development) Himachal Pradesh Amendment Bill, 2025, removing the Chief Justice of the Himachal Pradesh High Court from the committee that selects the Chairperson and Members of the state Real Estate Regulatory Authority (RERA) and placing the process under a committee headed by the Chief Secretary.

Under the amended Section 22 of the parent Act, the selection panel will now comprise the Chief Secretary as Chairperson, the Housing Secretary as Member-Convener and the Law Secretary as Member. If the Chief Secretary has a conflict of interest or is an applicant for the post, the government may nominate the Additional Chief Secretary or any Secretary-rank officer with adequate administrative experience to lead the committee.

The Bill also revises the eligibility criteria for appointments. The Chairperson must have at least 25 years of professional experience in areas such as urban development, housing, real estate, infrastructure, economics, planning, law, commerce, accountancy or public administration.

A former government officer can be appointed as Chairperson only if they have served as Additional Secretary to the Government of India or held an equivalent post in the Central or State Government. Members must have a minimum of 15 years of relevant professional experience, and former government officers must have held the post of Secretary to the State Government or an equivalent post in the State or Central Government.

The tenure provisions have also been changed. The Chairperson and Members will now serve a fixed four-year term or until they turn 65, whichever is earlier, and will not be eligible for reappointment. Before making any appointment, the government must ensure that the candidate does not have financial or other interests that could affect the discharge of their duties.

In the Statement of Objects and Reasons, the government said RERA performs administrative and regulatory functions and that the Chief Secretary has the administrative experience required to head the selection process. It added that removing the judiciary from the selection mechanism aligns with the principle of separation of powers and that a fixed, non-renewable tenure would support stability and impartiality in the authority's functioning.