CHANDIGARH: The Himachal Pradesh Assembly on Thursday -- the last day of the budget session -- passed the 'Himachal Pradesh Legislative Assembly Members (Allowances and Pension) Amendment Bill, 2026' that would stop pension benefits for MLAs disqualified under the anti-defection law.
Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu introduced the Bill in the house on Wednesday. The bill was passed today following a heated debate between the Treasury benches and the opposition.
The legislation aims to amend the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971, by incorporating provisions to bar pension benefits for members disqualified under the tenth schedule of the Constitution.
As per the statement of objects and reasons of the bill, the existing law does not contain any deterrent mechanism to discourage defections. At present, under Section 6-B of the 1971 Act, former MLAs are entitled to a monthly pension of Rs 50,000 for their first term, along with an additional Rs 1,000 per month for each extra year of service.
The bill proposes insertion of a new sub-section (2-A), which states that any member disqualified under the anti-defection law shall not be entitled to pension, overriding existing provisions. Terming defection as a "constitutional sin", the government had described the amendment as essential to uphold democratic values.
Taking part in the discussion, BJP MLA Randhir Sharma said that any such amendment should be in the larger public interest rather than directed at specific individuals, as he alleged that the amendment was aimed at selectively targeting a handful of MLAs.
Citing judicial precedents in the cases of Krishna Mohini and Mohinder Nath Sofat, where similar actions were struck down, another BJP MLA, Trilok Jamwal, said that such a law should only be prospective.
Calling the Bill a blow to democratic principles, the Leader of Opposition and former chief minister Jai Ram Thakur alleged that the amendment was being brought due to "political vendetta" against those who had left the ruling party.
"This amendment will not stand in a court of law and will be a disgrace to this House. It should be withdrawn," he said. He added that two former MLAs, one from Gagret and the other from Kutlehar assembly segments, will be affected.
Defending the bill, state parliamentary affairs minister Harshwardhan Chauhan termed it a historic step to curb defections. "Such an incident has happened for the first time in the state. This has been brought to curb defections," he said.
Taking a dig at the opposition, state revenue minister Jagat Singh Negi said that the opposition is trying to justify defection. "They should clearly state whether they are with the bill or against it,’" he added.
Taking part in the debate, Chief Minister Sukhu said, "This bill is not aimed at any individual or political party. It is meant to uphold morality, honesty and transparency in public life," he said and clarified that the provision would apply prospectively.
"In the future, no one will be allowed to indulge in defection,’’ he said. The CM added that recent political developments, including protests and court cases involving independent MLAs, had necessitated such a step.
The speaker noted that the issue had been examined in light of Supreme Court directions and Lok Sabha precedents. The bill will now be sent to the state governor for approval, and if he gives his assent, then it will come into effect.