Duration of State Legislatures
Article 172 — Duration of State Legislatures
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.
Plain English Summary
This article sets the standard term for state legislative assemblies, which is generally five years from the first meeting. If the assembly is not dissolved earlier, it automatically ends after this period. There are specific rules about how this term can be extended during an emergency situation.
Key Points
- State Legislative Assemblies usually last for five years unless dissolved sooner.
- The expiration of the five-year term counts as a dissolution of the Assembly.
- During an Emergency Proclamation, Parliament can extend the term by law, but only up to one year at a time.
- The Legislative Council is not subject to dissolution; members retire periodically.
Why It Matters
This article ensures that state governments have a stable legislative body for a set period, providing continuity in governance while allowing for flexibility during national emergencies.
Landmark Judgements
No major landmark judgements.