Shimla, April 10
BJP State Chief Spokesperson Rakesh Jamwal has strongly criticised the amendment brought by the Congress government to deny pension to MLAs disqualified during the 14th Legislative Assembly, terming it unconstitutional, legally untenable and arbitrary.
Jamwal stated that the amendment seeks to target those legislators who were disqualified under Schedule 2(1)(a). He clarified that the Constitution already contains provisions governing disqualification of members—primarily in cases where a legislator shifts party allegiance or violates party directives.
“However, these provisions are limited strictly to disqualification from membership. There is no provision anywhere that allows the State to stop or withdraw pension on this basis,” he said. He further asserted that linking disqualification to denial of pension is a clear misinterpretation of the law.
“The argument that ‘once disqualified, pension must also be denied’ has no constitutional backing. Pension does not fall within the scope of disqualification provisions,” Jamwal emphasised. The BJP leader also pointed out that the amendment, as of now, has not attained legal enforceability.
“Unless the amendment receives the assent of the Governor—and wherever required, the President—and is duly notified in the Official Gazette, it has no legal existence,” he said. Describing the move as arbitrary, Jamwal said that any attempt to withhold pension through such a mechanism would not stand the test of law.
“This appears to be an attempt to misuse legislation to deny pension to specific individuals. Such actions are unlikely to withstand judicial scrutiny,” he remarked. He further stated that if the affected individuals approach the courts, relief is inevitable.
“If leaders like Chaitanya Thakur and Devender Bhutto move the court, their pensions will certainly be restored, as no provision contrary to the Constitution can be sustained,” he added. Concluding, Jamwal said, “No law that violates constitutional principles can survive in the long run. Legislation cannot be framed arbitrarily or for selective application.”
