Part VI: The States

Article 172: Duration of State Legislatures

Overview of Article 172: Duration of State Legislatures

--- Original Article ---

(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.

Explanation

Article 172 defines the term of the Legislative Assembly and Legislative Council in each state. The Assembly term is five years but can be extended during emergencies, while the Council operates on a rotational system with one-third of members retiring every two years.

Key Provisions

  • Clause (1): Legislative Assembly Tenure and Extensions: Specifies that every State’s Legislative Assembly is set to a five-year term, starting from its first session date. The Assembly can be dissolved sooner but will automatically dissolve at the end of this period. In cases of national emergency, Parliament may extend the term annually, provided the total period does not exceed one year at a time, and it is limited to six months after the emergency proclamation ends.
  • Clause (2): Legislative Council's Rotational Membership: Unlike the Assembly, the Legislative Council is not subject to dissolution. Instead, one-third of its members are retired biennially. This rotational system, governed by laws made by Parliament, ensures continuity within the Council, facilitating smooth legislative proceedings and stable governance in the state.

Amendments

Forty-second Amendment Act, 1976: Temporarily extended the Assembly’s term to six years during the Emergency.

Forty-fourth Amendment Act, 1978: Reverted the Assembly term back to five years, restoring normalcy after the Emergency.

Real-Life Example

  • During the Emergency (1975-1977), Parliament extended state legislatures' terms, utilizing Article 172’s emergency provision.

Historical Significance

The amendments during the Emergency period highlighted the balance between governance stability and democratic norms, showcasing Article 172’s role in adapting to state security while preserving legislative continuity.

Legislative History

Initially framed as Article 151 in the Draft Constitution, Article 172 was debated for its relevance in ensuring legislative continuity. The amendments during and post-Emergency highlighted its flexibility.

Debates and Deliberations

Shri B.M. Gupte proposed an amendment to allow for one-year extensions of the Assembly’s term during emergencies, capped at six months post-Emergency, which was supported by Dr. B.R. Ambedkar and accepted by the Assembly.

Prof. Shibban Lal Saksena argued against extending Assembly terms during emergencies, advocating for uninterrupted democratic processes. However, the amendment was retained, emphasizing legislative continuity in crises.

Dr. Ambedkar also suggested changing the Council’s member retirement cycle to two years, ensuring continuity in the Council’s operations.

References

  • Constitution (Forty-second Amendment) Act, 1976
  • Constitution (Forty-fourth Amendment) Act, 1978
Article 171 Article 173