No pension for disqualifiedMLAs: House passes Bill
Shimla, April 3 -- The Himachal Pradesh assembly on Wednesday passed a Bill to deny pension benefits to legislators disqualified under the anti-defection law, sparking a showdown between the treasury and opposition benches over the move's legality.
The legislation, initiated by chief minister Sukhvinder Singh Sukhu, amends the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971. It effectively bars pension for any MLA disqualified under the Tenth Schedule of the Constitution. The bill was passed by voice vote.
Leader of opposition Jai Ram Thakur led the charge for the BJP, alleging the amendment was born of "political vendetta" against those who recently exited the ruling party. "This is being done with an objective of revenge. This amendment will not stand in a court of law and will be a disgrace to this House. It should be withdrawn," Jai Ram said, questioning the Bill's applicability.
BJP MLA Trilok Jamwal argued that such a law should only be prospective, citing judicial precedents in the cases of Krishna Mohini and Mohinder Nath Sofat where similar actions were struck down. BJP member Randhir Sharma echoed the sentiment, warning the government against legislating out of spite.
Defending the move, parliamentary affairs minister Harshwardhan Chauhan termed it a "historic step" necessary to curb defections. He dismissed the opposition's mentions of "Operation Lotus," stating there was no evidence for such claims.
Revenue minister Jagat Singh Negi further prodded the BJP, accusing it of trying to "justify defection" and demanding they take a clear stance on the Bill.
Intervening in the debate, CM Sukhu launched a sharp counterattack, stating the state had "witnessed the sale of democracy." He clarified that the provision would apply prospectively. "In the future, no one will be allowed to indulge in defection," he said. In a pointed jibe at the leader of opposition's agitated tone, Sukhu remarked that Jai Ram "should take medicine for blood pressure."
Later talking to the media at the conclusion of the session, CM said that the passed amendment to the anti-defection law, is aimed to strengthen democratic foundations.
"If an MLA defects and loses public trust, such a person should not be entitled to pension benefits as a former legislator. This will discourage defection and reinforce accountability," he said, adding that the law is prospective in nature.
Targeting the amendment to the anti-defection law, LoP, while speaking to media, said that BJP will challenge the law. "If reforms are needed, they should be prospective. But targeting former legislators by stopping pensions raises serious legal questions. Similar actions have been struck down by courts earlier. This too will be challenged," said Jai ram, adding that the opposition would examine legal options.
Individuals named in the smuggling of "chitta" (heroin) in Himachal Pradesh will no longer be eligible to contest Panchayat elections.
The Himachal Pradesh Panchayati Raj (Amendment) Bill, 2026, introduced in the House by panchayati raj minister Anirudh Singh was passed in the assembly without any debate.
Under this amendment, stringent provisions will also apply to elected panchayat representatives. It any representative is found to be involved in drug smuggling after being elected, and charges are framed against them, their membership will be terminated.
The amendment also includes a provision disqualifying individuals who have defaulted on loans from cooperative banks or societies for contesting polls. Furthermore, individuals against whom recovery proceedings are pending following a panchayat audit will also be ineligible to contest....
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