Shimla (Himachal Pradesh) [India], April 2 : The Himachal Pradesh Assembly has passed a bill to deny pension benefits to legislators disqualified under the anti-defection law, with the treasury and opposition benches engaging in sharp exchanges over its intent and legality.
The legislation, piloted by Chief Minister Sukhvinder Singh Sukhu on Wednesday, seeks to amend the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971, to bar pension benefits for MLAs disqualified under the Tenth Schedule of the Constitution. The bill was passed by voice vote.
Participating in the debate, Leader of Opposition Jai Ram Thakur alleged that the amendment had been brought "with a sense of political vendetta" against those who had left the ruling party.
"This is being done with an objective of revenge... You should look into this case. This amendment will not stand in a court of law and will be a disgrace to this House. It should be withdrawn," he said, questioning both retrospective and prospective applicability.
BJP MLA Trilok Jamwal maintained that such a law "should only be prospective," citing past judicial precedents. Referring to earlier cases, he said courts had rejected similar actions in matters involving Krishna Mohini and Mohinder Nath Sofat.
Echoing concerns, BJP member Randheer Sharma cautioned the government, stating, "I have already alerted that this amendment has been brought out of political vendetta."
Responding to the opposition, Parliamentary Affairs Minister Harshwardhan Chauhan defended the move, calling it a historic step. "Such an incident has happened for the first time in the state. This has been brought to curb defections," he said, while also rejecting references to "Operation Lotus," saying there was no evidence to support such claims.
Revenue Minister Jagat Singh Negi took a dig at the opposition, saying, "The opposition is trying to justify defection. They should clearly state whether they are with the bill or against it."
Intervening in the debate, Chief Minister Sukhu launched a strong counterattack, stating that the people of the state had "witnessed the sale of democracy." "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.
In a lighter moment that drew reactions in the House, Sukhu remarked that Jai Ram Thakur "should take medicine for blood pressure" as he appeared unusually agitated.
Clarifying the scope of the legislation, the Chief Minister said the provision would apply prospectively. "In the future, no one will be allowed to indulge in defection," he asserted, adding that recent political developments, including protests and court cases involving independent MLAs, had necessitated such a step.
The Speaker also referred to judicial observations and practices in Parliament, noting that the issue had been examined in light of Supreme Court directions and Lok Sabha precedents
The government maintained that the amendment was necessary to plug gaps in the existing law, which did not provide for any deterrent against defections, and reiterated that the move would not impose any additional financial burden on the state exchequer.
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