In A First, Himachal Assembly Strips Defector MLAs Of Pension Rights

Taking a decisive step against political defections, the Himachal Pradesh assembly on Thursday passed a bill to strip pension rights from MLAs who switch allegiance, a move that could reshape political ethics in the state’s traditionally bipolar politics.

In Himachal Pradesh, where power alternates between the Congress and BJP, the Himachal Pradesh Legislative Assembly Members (Allowances and Pension) Amendment Bill, 2026, aims to deter MLAs from crossing the floor for personal or political gain.

Chief Minister Sukhwinder Singh Sukhu, who moved the bill in the House, said the legislation was not being enacted for the sake of Congress but to strengthen democratic norms and to destabilise any elected government midway through its five-year term.

He reminded how six Congress MLAs sold their 'consciences.' They became part of the BJP’s conspiracy to topple his government in February 2024 through cross-voting in the Rajya Sabha polls, even as the Congress had a numerical advantage in the state assembly.

“The 75 lakh people of the state witnessed their bid to destabilise a stable government having 40 members in the 68-member House," he reminded them how he survived the topple bid of the BJP while Leader of Opposition Jairam Thakur had already started preparing for the oath, he said.

The bill will require the assent of Governor Kavinder Gupta to become law and will become applicable during the term of the present assembly.

The opposition BJP opposed the bill, terming it “retrospective, targeted, and ill-motivated,” while the ruling Congress members strongly defend the legislation as a step necessary to curb defections and uphold democratic values.

During an intense debate, BJP MLA Randhir Sharma said that the amendment was aimed at selectively targeting a handful of legislators who differed with the leadership and parted ways from the ruling party on certain issues with the leadership.

“The move is only designed to deny pension benefits to three to four members, who had either joined or supported the BJP," he said, and he reminded that the matter relating to the disqualification of the MLAs has not been finally adjudicated and thus is pending in the Supreme Court," Sharma explained to argue against the bill.

The BJP leaders also alleged that the bill was motivated by political vengeance and would not withstand legal scrutiny.

Sharma said the government’s sole intention is to discontinue the pensions of just four MLAs. It is also an attempt to undermine the dignity of the House and reflects a narrow-minded approach.

Of six MLAs, who were disqualified by the Speaker Kuldeep Pathania after they cross-voted in favour of the BJP candidate Harsh Mahajan in the Rajya Sabha poll. Later, they also defied the party whip during voting on the budget for the year 2025-26. 

Of the six disqualified MLAs, four lost the bypoll, which they contested on the BJP tickets. Only two—Sudhir Sharma, a former Congress minister, and Inderdutt Lakhanpal—could win.

Two first-time MLAs, who will be deprived of the pension benefits, include Chaitanya Sharma from Gagret and Devender Bhutto from Kutlehar.

Two others-- Ravi Thakur and Rajinder Rana-- would become ineligible to claim the pensions as members of the incumbent House.

Making his point, Leader of the Opposition Jairam Thakur said the BJP was not opposed to any move to strengthen the anti-defection law, but with a valid objective, not like the present one.

He pointed out that ever since the MLAs had parted ways with the Congress, they have been targeted with the filing of countless cases, not only against them but also their family members. Even their land and homes were subjected to measurement surveys.

“This is the worst case of political vendetta that we are seeing in  the current regime," he alleged

Another BJP MLA, Trilok Jamwal (BJP), maintained that historically, all over the country, all former MLAs continued to receive pensions and other benefits even after losing elections.

Citing legal provisions, he said that once an individual files his or her nomination papers to contest the Assembly election and wins, they are entitled to receive benefits from the very day they assume office as an MLA. There is perhaps no case when they were denied the persons on the grounds of disqualification from the House.

Rejecting the BJP's plea, the Parliamentary Affairs Minister Harshwardhan Chauhan told the House that the bill was introduced specifically to curb political defection. He accused the BJP of sending a strong signal to the public that it ‘condones’ defection.

Chauhan said the BJP, time and again, had been resorting to toppling games, but Himachal Pradesh proved to be an exception where the conspiracy did not work.

He denied that there was any malicious intent behind the bill.