Shimla: BJP Chief Spokesperson Rakesh Jamwal has strongly criticized the proposed amendment aimed at stopping the pension of MLAs disqualified during the 14th विधानसभा, calling it unconstitutional, legally flawed, and arbitrary.
Addressing the media, Jamwal stated that the amendment specifically targets those legislators who were disqualified under Schedule 2(1)(a). He clarified that the Constitution already contains provisions dealing with disqualification, primarily in cases where a legislator defects from their party or violates the party line.
“However, these provisions are limited only to termination of membership. Nowhere does the Constitution mention stopping or withdrawing pension as a consequence of disqualification,” he said.
Jamwal emphasized that linking disqualification with pension benefits is a clear misinterpretation of the law.
“Saying that ‘you have been disqualified, therefore your pension will also be stopped’ has no constitutional backing. Pension is not part of the disqualification framework,” he asserted.
He further pointed out that the amendment has not yet come into legal effect.
“Until the amendment receives assent from the Governor (and if required, the President) and is officially published in the Gazette, it holds no legal validity,” Jamwal added.
Calling the move arbitrary, he alleged that the attempt to stop pensions is a misuse of legal provisions to target specific individuals.
“This is an effort to deny pension to certain individuals through an incorrect interpretation of the law. Such a move will not stand judicial scrutiny,” he said.
Jamwal also expressed confidence that the courts would provide relief if the affected individuals approach the judiciary. Referring to leaders like Chaitanya Thakur and Devender Bhutto, he stated:
“If they move the court, their pensions will certainly be restored, as no provision that goes against the Constitution can sustain.”
Concluding his statement, Jamwal reiterated:
“Any law or amendment that contradicts the Constitution cannot survive for long. Laws cannot be framed arbitrarily.”