Denying MLA pension due to disqualification unconstitutional: BJP
Shimla, April 11 -- BJP state chief spokesperson Rakesh Jamwal has strongly criticised the amendment brought by the Congress government to deny pension to MLAs disqualified during the 14th Legislative Assembly, terming it unconstitutional, legally untenable and arbitrary.
Jamwal stated that the amendment seeks to target those legislators who were disqualified under Schedule 2(1)(a). He clarified that the Constitution already contains provisions governing disqualification of members-primarily in cases where a legislator shifts party allegiance or violates party directives.
"However, these provisions are limited strictly to disqualification from membership. There is no provision anywhere that allows the State to stop or withdraw pension on this basis," he said. "The argument that 'once disqualified, pension must also be denied' has no constitutional backing. Pension does not fall within the scope of disqualification provisions," Jamwal emphasised.
The BJP leader also pointed out that the amendment, as of now, has not attained legal enforceability. "Unless the amendment receives the assent of the governor-and wherever required, the President-and is duly notified in the Official Gazette, it has no legal existence," he said.
Describing the move as arbitrary, Jamwal said that any attempt to withhold pension through such a mechanism would not stand the test of law.
Principal media advisor to the Himachal Pradesh chief minister, Naresh Chauhan, on Friday defended a proposed law regarding disqualification of MLAs and withdrawal of pension benefits. He said, "The new provision, introduced after withdrawing the earlier law challenged in court, aims to strengthen democracy."
"Under the new law, if an MLA is disqualified by the Vidhan Sabha, they will not be entitled to pension or other benefits. Pension is meant for those who complete their tenure," he said.
Calling it a "historic step", Chauhan said the move would discourage defections and attempts to destabilise elected governments. "This law will help strengthen democracy and may serve as a model for the entire country in the future," he added.
Responding to criticism from the BJP, Chauhan accused the opposition of politicising the issue. "The BJP is opposing every decision without understanding its implications. Their role has been to weaken the elected government," he said....
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