To discourage MLAs from switching parties, the Congress-led government in Himachal Pradesh on Wednesday (September 4, 2024) passed a Bill to revoke pensions of legislators disqualified under the Tenth Schedule of the Constitution. The Bill also allows the recovery of pension already drawn by the disqualified members.
The Tenth Schedule has provisions for the disqualification of elected members on the grounds of defection to another political party.
The Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2024 was introduced by Chief Minister Sukhvinder Singh Sukhu and passed by the House. The Bill was brought to amend the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971, which provides for allowances and pension to legislators.
“Presently, there is no provision in the Act to discourage the defection of the Legislative Members under the Tenth Schedule of the Constitution of India. Thus, to achieve this Constitutional objective, to protect the mandate given by the people of the State, to preserve the democratic values and to have deterrence towards this Constitutional sin, it has been necessary to carry out amendments,” read the Bill.
According to the Bill, “...a person shall not be entitled for pension under the [1971] Act, if he has been disqualified at any time under the Tenth Schedule of the Constitution.” The Bill further says if a person is disentitled for pension, the amount of pension already drawn by him shall be recovered “in the manner as may be prescribed”.
Terming the Bill as “distinctive”, Mr. Sukhu said the amendment was essential to maintain democratic norms and traditions. He said the Bill will deter those who indulge in acts that support the toppling of a democratically elected government.
Earlier this year, the State saw political turbulence, when six Congress MLAs were disqualified from the Assembly for defying a party whip. Later, all these MLAs joined the BJP and contested as candidates of the party in the byelections, which were necessitated due to their disqualification. The six MLAs had voted in favour of the BJP candidate in the Rajya Sabha election held in February this year.
Published - September 04, 2024 09:24 pm IST
