Part VI - The States • Article

Article 172 Simplified: Duration of State Legislatures

Sets the duration of state legislatures. The Legislative Assembly (Vidhan Sabha) is elected for a 5-year term from its first meeting, unless dissolved earlier by the Governor. During a national emergency, Parliament can extend its term by 1 year at a time. The Legislative Council (Vidhan Parishad) is a permanent body not subject to dissolution, but one-third of its members retire every two years.

Official Text

(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for [five years] from the date appointed for its first meeting and no longer and the expiration of the said period of [five years] shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. (2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.

Simple Meaning

Explain Like Ten

It says the main Assembly lasts for five years unless dissolved early, while the Legislative Council is permanent but one-third of its members retire every two years.

Student Mode

Defines the 5-year tenure of the Legislative Assembly (which can be extended by Parliament during a Proclamation of Emergency) and establishes the permanent nature of the Legislative Council with biennial retirement of one-third of its members.

Example

During the 1975 emergency, the terms of several State Assemblies were extended beyond five years by Parliament. Conversely, the Legislative Councils of states like Bihar and Karnataka continued continuously, with fresh biennial elections held for the retiring one-third of members.

Key Takeaway

Legislative Assemblies have a 5-year term (extendable during emergencies), while Legislative Councils are permanent bodies with one-third of members retiring every two years.

FAQs

When does the 5-year term of a Legislative Assembly begin?

It begins from the date appointed for its first meeting, and the expiration of this 5-year period automatically operates as its dissolution.

Can the term of a Legislative Assembly be extended?

Yes, during a national emergency, Parliament can extend the Assembly's term by law for up to one year at a time, but not exceeding six months after the emergency ceases.

Is the Legislative Council subject to dissolution?

No, the Legislative Council is a permanent body not subject to dissolution. However, one-third of its members retire every two years.

Who determines the retirement schedule of Legislative Council members?

Parliament by law determines the retirement and tenure rules (implemented through the Representation of the People Act, 1951, which sets a 6-year term for MLCs).

Quiz

Under normal conditions, what is the term of a State Legislative Assembly?

Answer: 5 years

During a Proclamation of Emergency, by how much can Parliament extend the term of a Legislative Assembly at a single time?

Answer: 1 year

How often do one-third of the members of a State Legislative Council retire?

Answer: Every second year

Which body is not subject to dissolution under any circumstances?

Answer: Legislative Council