On Wednesday, the Himachal Pradesh Assembly enacted the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 2024. This new legislation seeks to deter defection among Members of the Legislative Assembly (MLAs) by eliminating their pension benefits.

 The recently passed bill amends the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971. Specifically, it revises Section 6B (Pension) of the 1971 Act by inserting a new sub-section, 2A. This amendment stipulates that pensions for Members of the Legislative Assembly (MLAs) will be revoked if they are disqualified under the anti-defection provisions outlined in the Constitution. 

The anti-defection law, incorporated into the Indian Constitution's Tenth Schedule by the 52nd Amendment Act of 1985, was intended to enhance government stability by discouraging legislators from switching parties.

The anti-defection provisions establish rules for disqualifying elected members who switch allegiance 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.

According to the statement of objects and reasons for the bill, the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 was originally enacted to provide allowances and pensions to MLAs. However, the Act currently lacks provisions to deter defection by legislative members as outlined in the Tenth Schedule of the Indian Constitution. 

To address this gap and uphold the Constitutional objective of preserving democratic values and protecting the mandate given by the state's electorate, the 2024 amendment bill was introduced and passed.