No pension for disqualified MLAs: 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 It should be withdrawn," Jai Ram said, questioning the Bill's applicability.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.
Highlighting state's proactive stance on strengthening the anti-defection framework in line with Supreme Court observations and the Tenth Schedule of the Constitution, assembly Speaker Kuldeep Singh Pathania said the state has emerged as a front runner in introducing progressive legislative measures to curb political defections.
Addressing the media at the conclusion of the Budget Session, Pathania said the recently passed amendment bill denying pension benefits to disqualified MLAs was part of a broader effort to reinforce democratic values. "SC has observed that the anti-defection law needs to be strengthened. In this context, Himachal is taking lead. Ours is perhaps the only state which has passed such a progressive law," he said.
Pathania said the developments in state come at a time when Parliament has also constituted a committee to examine effectiveness of the anti-defection law under the Tenth Schedule....
To read the full article or to get the complete feed from this publication, please
Contact Us.