Himachal Pradesh govt makes law to pay income tax on behalf of MLAs, HC issues notice

In a case involving the state government's payment of income tax on behalf of the ministers and MLAs, the High Court of Himachal Pradesh has issued a notice to the state government on Monday. On the civil writ case filed by Yash Pal Rana and others, the division bench, which included Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua, issued this order. 

As per the reports of ANI, senior advocate Rajnish Manikatala stated, "the Himachal Pradesh legislature has framed a law by virtue of which income tax on salaries and allowances of MLAs is paid by the state government, which is unconstitutional and we have filed a plea to set it aside so that liability to pay taxes comes upon the MLA."

He also said, "Himachal Pradesh High Court has issued notices on this petition to the state govt, Himachal Pradesh Vidhan Sabha. Notices also issued to MLAs; court to hear the matter after 4-6 weeks."

Government paying income tax to MLAs since provisions were enacted

The petitioners have asked that Section 6AA of the Himachal Pradesh legislative assembly (Allowances & Pensions of the Members) Act, 1971 which states that a member's salary, compensatory, constituency, secretarial, postal facilities, and telephone allowances, as well as other privileges admissible under this Act, which are exclusive of the state government's income tax, be declared unconstitutional and be quashed. The petitioners claim that the Himachal Pradesh government has been paying income tax to MLAs and ministers in compliance with the various provisions of these Acts since the provisions were enacted.

MLAs and ministers are obligated to pay income tax from their own earnings

The Income Tax Act mandates that those who are subject to income tax pay it themselves, and the state cannot pay it on behalf of MLAs and ministers and that they are obligated to pay income tax from their own earnings. Only six states have taken on the responsibility of paying legislators' income taxes. Madhya Pradesh, Chhattisgarh, Haryana, Uttarakhand, Punjab, and Himachal Pradesh are among the states that still do it.

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