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Defecting Himachal Pradesh MLAs will not get pension: State Assembly approves a new bill
To curb the defection tendencies of the Members of the Legislative Assembly (MLAs) who are crossing over from one political party to another the Himachal Pradesh Assembly on Wednesday, passed the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 2024.
To the content of the bill it makes amendments to the Himachal Pradesh Legislative Assembly (Allowances and pension of Members) Act, 1971.
Through the 2024 bill an addition has been made to Section Six-B (Pension) of the 1971 Act in the form of Sub-Section 2A which has cancelled pensions for MLAs disqualified under the anti-defection provisions in the Constitution.
Anti-defection law was introduced in the ten schedule of the constitution of India through the 52nd amendment act of Indian Parliament in the year 1985. It was intended to bring order in government by preventing members in the legislative body from voting different party.
The anti-defection provisions feature the code of conduct governing the removal from the election of any elected members that cross over to another political party.
The sub-section 2A of Section 6B of the Himachal bill states as follows:The sub-section 2A of Section 6B of the Himachal bill states as follows:
>(2A. ) subject to subsections, a person shall not be entitled for pension under the Act, if he has been disqualified at any time under the tenth schedule of the Constitution.
The bill also envisages repayment of pension which has been availed by such person.
“But if a person is disentitled for pension under this sub-section the amount of pension already drawn by him shall be recovered in the manner as may be prescribed,” read sub-section 2A proviso.
As on the statement of objects and reasons of the bill it has be proclaimed that the 1971 Act has been drawn to make provisions of allowances and pension to the Members of the Legislative Assembly of Himachal Pradesh.
As of now there is no clause in the said Act which dissuades the legislative members from crossing over under the tenth schedule of the constitution of India, it said.
Hence the present amendment bill 2024 was formed and passed in order to achieving the Constitutional goal and to preserve the voters’ mandate and democracy.
