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New Himachal Law Ends Pensions for Legislators Disqualified for Defection

The Bill also allows for the recovery of any pensions that have already been disbursed to disqualified members.

New Himachal Law Ends Pensions for Legislators Disqualified for Defection

Himachal Pradesh chief minister Sukhvinder Singh Sukhu. Image: IANS

Himachal Pradesh assembly on Wednesday (September 4) enacted an unprecedented Bill that halts the pensions of legislators who are disqualified under the anti-defection law.

The Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill 2024, introduced by chief minister Sukhvinder Singh Sukhu, mandates that legislators disqualified under the Tenth Schedule of the Constitution will lose their pension rights, The Indian Express reported.

The Bill also allows for the recovery of any pensions that have already been disbursed to disqualified members.

According to the bill, "A person shall not be entitled for pension under the Act, if he has been disqualified at any point of time under the tenth schedule of the Constitution (anti-defection law)", Deccan Herald reported.

In February, six Congress MLAs from Himachal Pradesh—Sudhir Sharma, Ravi Thakur, Rajinder Rana, Inder Dutt Lakhanpal, Chetanya Sharma, and Devinder Kumar—were disqualified under the anti-defection law for defying the party whip during budget discussions.

Currently, legislators who have served up to five years are entitled to a monthly pension of Rs 36,000, with an additional Rs 1,000 granted for each year beyond their initial term. The anti-defection law, enacted in 1985, was designed to prevent political defections.

Recently, states such as Karnataka, Maharashtra, and Madhya Pradesh have experienced the ousting of non-Bharatiya Janata Party (BJP) governments due to defections and internal splits.

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