Today, On 4th September, The Himachal Pradesh Assembly passed a law denying pensions to MLAs who defect to other parties. This Bill designed to discourage party-switching by cutting off pension benefits for those who abandon their original political affiliations.
The Himachal Pradesh Assembly, On Wednesday, passed the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 2024.
This new law designed to discourage MLAs from defecting by eliminating their pension benefits.
The bill amends the existing Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971, specifically modifying Section 6B (Pension) to include a new sub-section 2A.
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This amendment stipulates that MLAs disqualified under the anti-defection provisions of the Constitution will forfeit their pensions.
The anti-defection law, introduced as part of the 52nd Amendment to the Indian Constitution in 1985, aims to enhance governmental stability by preventing legislators from switching parties. It provides guidelines for disqualifying elected officials who defect to different political groups.
The Himachal Pradesh bill, in its sub-section 2A of Section 6B, states,
“(2A.) Notwithstanding anything to the contrary contained in this section, a person shall not be entitled for pension under the Act, if he has been disqualified at any time under the tenth schedule of the Constitution.”
The bill also includes provisions for the recovery of pensions already drawn by such disqualified persons, as outlined in the proviso to sub-section 2A,
“Provided that if a person is disentitled for pension under this sub-section, the amount of pension already drawn by him shall be recovered in the manner as may be prescribed.”
According to the statement of objects and reasons, the 1971 Act originally enacted to provide allowances and pensions to Members of the Legislative Assembly of Himachal Pradesh.
However, there was no existing provision to deter defection under the tenth schedule of the Constitution of India. The 2024 amendment bill introduced and passed to align with constitutional objectives, safeguard the people’s mandate, and uphold democratic values.
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