The Himachal Pradesh Assembly has passed an amendment denying pension benefits to MLAs disqualified under the anti-defection law, in a move aimed at discouraging political defections and protecting the electoral mandate.
The legislation, titled the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2026, was introduced by Chief Minister Sukhvinder Singh Sukhu. It modifies the 1971 law governing salaries, allowances, and pensions of legislators by adding a provision that bars disqualified MLAs from receiving pension benefits.
Under the amendment, any legislator disqualified under the Tenth Schedule of the Constitution—commonly known as the anti-defection law—will no longer be eligible for a pension, even if they have completed the minimum qualifying period of service.
Explaining the intent behind the move, Sukhu stated that the existing legal framework lacked effective deterrents against defections. He said the amendment is designed to uphold democratic values, safeguard the public mandate, and prevent elected representatives from switching sides for political gain. He also accused the BJP of opposing the measure and suggested that such resistance indirectly supports practices like “Operation Lotus.”
The opposition, led by Jai Ram Thakur, criticised the Bill, calling it politically motivated. Thakur argued that a similar proposal had previously failed to gain approval and questioned why it was being reintroduced. He alleged that the amendment targets specific individuals rather than addressing systemic issues and indicated that it could be challenged legally.
Assembly Speaker Kuldeep Singh Pathania supported the legislation, stating that it could serve as a model for other states and help strengthen democratic institutions by discouraging defections.
Following the passage of the Bill, pension benefits of former Congress MLAs Chaitanya Sharma and Devender Kumar Bhutto are set to be discontinued. Both were disqualified after cross-voting during the Rajya Sabha elections in February 2024, in violation of the party whip.
The move comes after an earlier version of a similar proposal could not be implemented due to the lack of presidential assent.
