Pension Revoked for MLAs Disqualified Under Anti-Defection Law
In a move aimed at discouraging party defection, the Himachal Pradesh Assembly passed the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024, on Wednesday. The new law strips Members of the Legislative Assembly (MLAs) of their pensions if they are disqualified under the anti-defection provisions of the Constitution.
This amendment modifies Section 6B (Pension) of the 1971 Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act. The newly inserted sub-section 2A revokes pension benefits for MLAs who are disqualified under the Tenth Schedule, which deals with anti-defection, a provision added to the Indian Constitution through the 52nd Amendment Act in 1985 to ensure stability by preventing party-switching.
According to the bill, any MLA disqualified under the anti-defection law will lose their entitlement to a pension. The provision reads:
“(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.”
In addition to canceling pension benefits, the amendment also stipulates that any pension already drawn by disqualified MLAs will be subject to recovery. The bill states:
“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.”
The statement of objects and reasons behind the amendment notes that the original 1971 Act was designed to provide allowances and pensions to Himachal Pradesh MLAs, but it lacked provisions to curb defection under the Tenth Schedule. The new amendment seeks to address this gap by revoking pension benefits for defecting legislators, ensuring that the people’s mandate is upheld and democratic values are preserved.
The bill represents a significant step towards maintaining party discipline and promoting political integrity within the state.
(With inputs from agency)
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