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        HP Assembly speaker bats for strengthening anti-defection laws

        July 1, 2025

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        Dharamshala, Jul 1 (PTI) Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania on Tuesday stressed on strengthening anti-defection laws so that public representatives do not betray people's mandate and to also ensure stability and public confidence in governance.

        At a two-day conference of the Commonwealth Parliamentary Association (CPA) Zone-II that concluded here, he cited a precedent where six MLAs lost their assembly seat following his decision on defection and the ruling was later upheld by the High Court.

        Pathania was referring to the disqualification of six Congress MLAs after they cross-voted in the Rajya Sabha polls in 2024 and defied a party whip by abstaining from the House during discussions on cut motion and passing of the budget for 2024-25.

        "These (anti-defection) laws must be made more stringent to ensure public representatives do not betray the mandate of the people and to ensure stability and confidence in governance," the assembly speaker was quoted as saying in a statement.

        The conference deliberated on "Provision of Disqualification under 10th schedule of Constitution (anti-defection)" and "Use of Artificial Intelligence in Legislative Assemblies." He informed the gathering that the Himachal Pradesh Assembly has enacted provisions under which any member disqualified under the anti-defection law will be deprived of all benefits, including pension and other facilities, and barred from contesting elections for six years.

        Stressing on fiscal and legislative autonomy, he said, "How can we ensure effective development without legal rights over our resources?". The speaker underlined the need for more legislative empowerment at the state level.

        On Artificial Intelligence, Pathania said Himachal Pradesh has already taken leadership in digital transformation and reminded the delegates that the state assembly pioneered India's first e-Vidhan system that was launched in 2014, setting a benchmark for digital governance in legislative bodies.

        A total of 38 delegates, including the chairpersons of assemblies from eight states and the Telangana Legislative Council, participated in the conference hosted by the Himachal Pradesh Assembly.

        Calling for online streaming of state assembly proceedings, Deputy Chief Minister Mukesh Agnihotri said it would promote transparency and enhance public participation in democratic processes.

        Highlighting that Himachal Pradesh had already set a precedent by becoming the first digital assembly in the country, he said, "It is time to take another significant step by making the assembly proceedings fully accessible to people online." Himachal Pradesh Governor Shiv Pratap Shukla was the chief guest at the closing session, and Deputy Chairman of Rajya Sabha Harivansh also graced the occasion. PTI COR BPL NSD NSD

        Anti-defection law reform urged to tighten disqualification penalties and bar benefits to deter betrayal of electoral mandate. Strengthening anti-defection measures was urged to protect the electoral mandate and ensure governance stability, citing a precedent where members were disqualified for cross-voting and defying a party whip with the decision upheld by the High Court. The discussion focused on the scope and application of the 10th Schedule and statutory enhancements that deprive disqualified members of benefits and bar them from contesting elections for a defined period.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Anti-defection law reform urged to tighten disqualification penalties and bar benefits to deter betrayal of electoral mandate.

                                Strengthening anti-defection measures was urged to protect the electoral mandate and ensure governance stability, citing a precedent where members were disqualified for cross-voting and defying a party whip with the decision upheld by the High Court. The discussion focused on the scope and application of the 10th Schedule and statutory enhancements that deprive disqualified members of benefits and bar them from contesting elections for a defined period.





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