No pension for MLAs who defect; Himachal Assembly passes Bill

Amid heated debate, the Himachal Pradesh Assembly on Wednesday passed the Himachal Pradesh Legislative (Allowances and Pension) Amendment Bill, 2024, to deprive MLAs disqualified under the anti-defection law of pensionary benefits, a move intended to discourage political turncoats.

Chief Minister Sukhvinder Sukhu, while addressing the Assembly, praised Speaker Kuldeep Singh Pathania for decisive action against the defectors. “This bill upholds the high traditions of democracy and seeks to prevent corrupt practices within our system.

“The actions on six members, who betrayed their party, are a clear case of backstabbing, not only against their own party but against the principles of democracy itself,” the Chief Minister said.

He said the six Congress legislators who had cross-voted during the Rajya Sabha election openly defied the party whip. He recounted events, including chaotic scenes in the Assembly on February 28, when the defectors attempted to disrupt proceedings.

“There was an open display of goondaism inside the assembly,” he remarked, emphasising that such actions necessitated a strict response to protect democratic norms.

Leader of the Opposition, Jai Ram Thakur, expressed reservations about the Bill, saying it might unjustly tarnish the reputation of MLAs. “Members may make mistakes, but depriving them of their pension is too harsh.”

“The decision to join another party was made much later, and the disqualification should not retroactively impact their entitlements,” Thakur said.

The Bill will primarily affect two former Congress MLAs, Devinder Bhutto and Chaitanya Sharma, who had won for the first time in the 2022 Assembly elections but were unseated after they defied party whip and remained absent during the passing of the Budget.

As per the statement and objects for the Bill, which was tabled in the House on Tuesday by the Chief Minister, there is no provision in the Himachal Pradesh Legislative (Allowances and Pension) Act, 1971, to discourage defection by legislators under the Tenth Schedule of the Constitution of India.

“It is to protect the mandate given by the people of the state, to preserve the democratic values and to have deterrence to this constitutional sin that it is necessary to bring about this amendment in the Himachal Pradesh Legislative (Allowances and Pension) Act, 1971,” says the Bill.