Himachal Assembly passes Bill barring disqualified MLAs under anti-defection law from pension benefits; BJP terms govt’s move ‘ill-motivated’

Sharma maintained that any such amendment should be in the larger public interest rather than directed at specific individuals. He further contended that the MLAs in question had already been “punished” through disqualification from the House, and additional penalties in the form of denial of pension were unjustified.

He also pointed out that the matter was not fully settled legally, noting that the MLAs concerned had not pursued their case further in the Supreme Court. Urging the government to reconsider, Sharma demanded that the amendment be withdrawn.

Leader of Opposition Jai Ram Thakur echoed these concerns, calling the Bill a blow to democratic principles. He said that the amendment was being brought with retrospective intent to target those who had differences with the chief minister and had distanced themselves from the Congress in 2023.

Thakur further said that the FIRs had been lodged against the dissenting MLAs and that their families were also being targeted. He pointed out that a similar Bill had earlier failed to secure approval.

BJP MLA Trilok Jamwal also opposed the Bill, asserting that legislation of this nature cannot be applied retrospectively and describing it as punitive in character.

Treasury benches defend move

Defending the amendment, Parliamentary Affairs Minister Harshwardhan Chauhan said the Bill was aimed at curbing defections and preserving the sanctity of democratic institutions. Referring to the political developments during the 2024 Rajya Sabha elections, he described the episode as “an embarrassment for the entire state.”
Chauhan accused the BJP of encouraging defections and alleged that attempts akin to “Operation Lotus” had failed in Himachal Pradesh. He said that MLAs were disqualified for defying the party whip and remaining absent from the House despite directions.

He also referred to an unprecedented protest by three Independent MLAs, who had sat in protest before the Speaker demanding acceptance of their resignations, and alleged that the BJP was attempting to promote such practices.

Revenue Minister Jagat Singh Negi also criticised the BJP, urging it not to adopt “double standards” on the issue. He noted that the anti-defection law itself was introduced by the Congress and said the six MLAs who cross-voted had originally been elected on the Congress ticket.

CM Sukhu backs amendment

Chief Minister Sukhvinder Singh Sukhu backed the Bill, stating that the state had witnessed how “democracy was sold” during recent political developments. He asserted that the amendment was not aimed solely at the Congress but was intended to protect legislators across party lines, including those from the BJP.

Sukhu clarified that, unlike the earlier 2024 Bill, which had a retrospective element, the present amendment was “progressive” and would apply to current and future MLAs. He emphasised that the objective was to ensure that no elected representative – whether from a political party or an Independent – engages in defection.

He also recounted instances where three Independent MLAs had travelled from Delhi to submit their resignations, highlighting what he described as questionable political conduct.

Speaker clarifies position

Intervening in the debate, the Speaker clarified that the Bill was not retrospective in nature, as it would apply to members of the current 14th Legislative Assembly and future assemblies. He added that the present Assembly had not yet completed its term.

The Speaker also referred to Supreme Court judgments that have strengthened the anti-defection law and mentioned that he was a member of a committee constituted by the Lok Sabha Speaker to further examine the issue.

Background of the Bill

The chief minister had introduced the 2026 Bill on Wednesday after withdrawing the earlier Himachal Pradesh Legislative Assembly Members (Allowances and Pension) Amendment Bill, 2024, which had been passed by the House but did not receive the Governor’s assent.

Under the new Bill, only those MLAs of the current 14th Legislative Assembly and future assemblies who are disqualified under the Tenth Schedule of the Constitution will be denied pension benefits. The earlier version had proposed a broader, retrospective application.

The amendment seeks to align state law with the anti-defection provisions of the Constitution, with the stated aim of discouraging political defections and safeguarding the public mandate.

Political context

The move comes in the backdrop of the 2024 Rajya Sabha elections, during which six Congress MLAs cross-voted, leading to the victory of BJP candidate Harsh Mahajan.

Once implemented, the amendment will render disqualified MLAs such as Chaitanya Sharma and Devender Bhutto ineligible for pension. However, disqualified legislators who have served multiple terms – including Sudhir Sharma, Inder Dutt Lakhanpal, Ashish Sharma, Hoshiyar Singh Chambyal, Ravi Thakur, K L Thakur, and Rajendra Rana – will continue to receive pension benefits for their previous tenures.