Himachal Pradesh Government Targets Disqualified MLAs with New Pension Bill

Legislative Action Against Political Defectors

Shimla:
The Himachal Pradesh government is advancing a significant legislative initiative aimed at addressing political defections. A bill designed to revoke benefits for disqualified MLAs, particularly those who shifted from Congress to BJP in 2024, is nearing final approval.

The Raj Bhavan has sent the Himachal Pradesh Legislative Assembly (Members’ Salaries, Allowances and Pension) Amendment Bill, 2024, to the President for approval. This legislation could lead to the cancellation of pensions and allowances for disqualified MLAs and facilitate the recovery of benefits already received.

Consequences of Cross-Voting: Disqualified Legislators Under Scrutiny

The bill was prompted by political upheaval during the 2024 budget session, where six Congress MLAs and three Independents cross-voted in favor of BJP candidate Harsh Mahajan during the Rajya Sabha elections.

The disqualified Congress members—Sudhir Sharma, Rajinder Rana, Inder Dutt Lakhanpal, Ravi Thakur, Davinder Kumar Bhutto, and Chaitanya Sharma—were penalized under the anti-defection law for breaching the party whip during the budget vote. They later contested by-elections on BJP tickets, with only Sharma and Lakhanpal emerging victorious.

The Congress-led state government introduced the amendment bill during the 2024 monsoon session to ensure that disqualified MLAs are stripped of post-tenure pensions and benefits. After passing in the Assembly, the bill was forwarded to the Governor, who raised questions regarding its implementation timeline and scope.

Provisions for Recovery of Benefits

The proposed legislation stipulates that any legislator disqualified under the Tenth Schedule of the Constitution will forfeit their pension benefits. Additionally, it includes measures for reclaiming pensions already paid to these individuals. A significant query from the Raj Bhavan concerns whether additional pension benefits for returning MLAs, previously disqualified, would also be subject to recovery.

There is still uncertainty regarding whether a re-elected former defector will regain eligibility for pension benefits after serving a new term. These legal ambiguities are currently under review by the President’s office.

Awaiting Presidential Approval

Once the President provides assent, the bill will become law in Himachal Pradesh, permanently denying disqualified MLAs their pensions and allowances.

This legislative move represents one of the most robust actions against party defection in the recent political landscape of the state. By tightening regulations on turncoats, the Congress government aims to convey a strong message ahead of the upcoming electoral cycle.