HP Assembly passes Bill to deny pensions to MLAs disqualified for defection

Shimla: The Himachal Pradesh Assembly on Wednesday passed the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024, which bars disqualified members under the Tenth Schedule of the Constitution (anti-defection law) from drawing a pension. This landmark legislation, the first of its kind in India, targets members who have been disqualified for defying party directives, particularly during crucial votes in the Assembly.

The Bill specifically affects six former Congress MLAs—Sudhir Sharma, Inder Dutt Lakhanpal, Rajinder Rana, Devinder Kumar Bhutto, Chetanya Sharma, and Ravi Thakur—who were disqualified by the Speaker earlier this year. Their disqualification followed their abstention from voting during discussions on cut motions and the passing of the Budget in February, defying the party whip. These members had supported BJP nominee Harsh Mahajan in the Rajya Sabha elections, leading to their disqualification.

Of the six disqualified MLAs, Sudhir Sharma and Lakhanpal were re-elected in bypolls held earlier this year, while the other four lost. The Bill, however, strips them all of their pension rights under the 1971 Act, a move the government argues is necessary to deter defection and protect democratic values.

The Opposition BJP has strongly opposed the Bill, accusing the ruling party of exacting political revenge. They argue that the Bill cannot be applied retrospectively and question its legality. BJP leader Rakesh Jamwal criticised the speed with which the Bill was passed, while Leader of the Opposition Jai Ram Thakur claimed that the disqualified Congress MLAs had not defected to the BJP at the time of the Rajya Sabha vote, and thus should not be penalised under the Tenth Schedule.

Defending the Bill, Chief Minister Sukhvinder Singh Sukhu stated that it aims to uphold democratic principles and deter future defections. Revenue Minister Jagat Singh Negi echoed this sentiment, emphasising that defection undermines democracy and must be punished. Despite the BJP’s objections, the Bill passed by a voice vote and will become law once it receives the Governor’s assent.