The Himachal Pradesh Assembly on Wednesday passed the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 2024 which aims to prevent defection of Members of the Legislative Assembly (MLAs) by cutting off their pensions. .The bill amends the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971..By way of 2024 bill, an amendment has been made to Section 6B (Pension) of the 1971 Act, inserting sub-section 2A, which revokes pensions for MLAs disqualified under the anti-defection provisions in the Constitution.The anti-defection law was added to the tenth schedule of the Indian Constitution through the 52nd Amendment Act in 1985. It was designed to promote stability in governments by discouraging legislators from switching parties.The anti-defection provisions outline the rules for disqualifying elected members if they defect to another political party.The sub-section 2A of Section 6B of the Himachal bill states as follows:"(2A.) Notwithstanding anything to the contrary contained in this section, 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 provides for recovery of pension already drawn by such person."Provided that 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," the proviso to sub-section 2A states..As per the statement of objects and reasons of the bill, the 1971 Act was enacted to provide for allowances and pension to the Members of the Legislative Assembly of Himachal Pradesh. Presently, there is no provision in the Act to discourage the defection of the legislative members under the tenth schedule of the Constitution of India, it added.Thus, the present amendment bill 2024 was introduced and passed to achieve the Constitutional objective and to protect the mandate given by the people of the State and preserve democratic values. .[Read Bill]
The Himachal Pradesh Assembly on Wednesday passed the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 2024 which aims to prevent defection of Members of the Legislative Assembly (MLAs) by cutting off their pensions. .The bill amends the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971..By way of 2024 bill, an amendment has been made to Section 6B (Pension) of the 1971 Act, inserting sub-section 2A, which revokes pensions for MLAs disqualified under the anti-defection provisions in the Constitution.The anti-defection law was added to the tenth schedule of the Indian Constitution through the 52nd Amendment Act in 1985. It was designed to promote stability in governments by discouraging legislators from switching parties.The anti-defection provisions outline the rules for disqualifying elected members if they defect to another political party.The sub-section 2A of Section 6B of the Himachal bill states as follows:"(2A.) Notwithstanding anything to the contrary contained in this section, 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 provides for recovery of pension already drawn by such person."Provided that 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," the proviso to sub-section 2A states..As per the statement of objects and reasons of the bill, the 1971 Act was enacted to provide for allowances and pension to the Members of the Legislative Assembly of Himachal Pradesh. Presently, there is no provision in the Act to discourage the defection of the legislative members under the tenth schedule of the Constitution of India, it added.Thus, the present amendment bill 2024 was introduced and passed to achieve the Constitutional objective and to protect the mandate given by the people of the State and preserve democratic values. .[Read Bill]