Himachal Pradesh's disqualified MLAs to lose pensionary benefit; Bill tabled

The government today tabled the Himachal Pradesh Legislative (Allowances and Pension) Amendment Bill, 2024 Act 1971 to deprive MLAs disqualified under the Anti-Defection Law of pensionary benefit.

Chief Minister Sukhvinder Singh Sukhu tabled the Bill in the Vidhan Sabha. As per the statement and objects for the Bill, there is no provision in the Himachal Pradesh Legislative (Allowances and

Pension) Act, 1971 to discourage defection by legislators under the Tenth Schedule of the Constitution of India.

“It is to protect the mandate given by the people of the state, to preserve the democratic values and to have deterrence to this constitutional sin that it is necessary to bring about this amendment in the Himachal Pradesh Legislative (Allowances and Pension) Act, 1971,” the Bill reads.

There is also a provision in the Bill to recover the pension already drawn by an MLA who has been disqualified under the Tenth Schedule of the Constitution.

The Bill will primarily affect two former Congress MLAs, Devinder Bhutto and Chaitnaya Sharma, who had won for the first time in the 2022 Assembly elections but were unseated after they defied party whip and remained absent during the passing of the Budget.

The Assembly passed the Himachal Pradesh Town and Country Planning (Amendment) Bill, 2024, today which was laid by TCP Minister Rajesh Dharmani in the House yesterday after discussion.

The main objective of this Bill is to regulate constructions as per the TCP norms even in areas falling outside the Panning and Special Areas, especially in view of the vulnerability due to rains and floods.

Protecting people's mandate

The Bill reads that it is to protect the mandate given by the people of the state, preserve the democratic values and have deterrence to this constitutional sin that it is necessary to bring about this amendment in the HP Legislative (Allowances and Pension) Act, 1971.