Shimla, April 2
The Himachal Pradesh Assembly on Thursday passed a bill that bars legislators disqualified under the anti-defection law from receiving pension benefits, in a move the state government said was aimed at protecting the democratic mandate. The legislation, titled the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Amendment Bill, 2026, was cleared on the final day of the budget session and introduced by Chief Minister Sukhvinder Singh Sukhu.
Under the amended law, any MLA who is disqualified under the Tenth Schedule of the Constitution for defection will no longer be eligible for pension. The change modifies provisions in the original 1971 law governing allowances and pensions for members of the Assembly. Explaining the bill, Sukhu said the existing law had no specific provision to discourage defections. He said the amendment was intended to safeguard the public mandate, uphold democratic values and act as a deterrent against political switching. The Chief Minister also accused the opposition BJP of failing to back the measure because it wanted to encourage what he described as “Operation Lotus” politics. He said the bill had been brought in to ensure that democracy could not be “bought and sold” in the future.
The opposition strongly opposed the bill, calling it politically motivated and alleging it had been introduced to target specific former legislators.
Leader of the Opposition Jai Ram Thakur said a similar attempt had been made earlier but did not receive approval, and argued that the government had now returned with another amendment for political reasons. He said the measure appeared aimed at just two former MLAs and warned that the matter would likely end up in court, which could embarrass the government. He urged the treasury benches to withdraw the bill.
Assembly Speaker Kuldeep Singh Pathania, however, backed the move, saying the legislation could set an example for other states and would help strengthen democratic institutions. With the bill now passed, former Congress MLA Chaitanya Sharma from Gagret and former Kutlehar MLA Devender Kumar Bhutto could lose their pension benefits. Both had been disqualified after cross-voting in the Rajya Sabha elections in February 2024 and for allegedly violating the Congress party whip.
Under existing rules, a legislator who has served for at least five years is entitled to a monthly pension. The state government had earlier withdrawn a similar bill after it failed to secure the President’s approval.
