Duration of State Legislatures (Article 172)
Indian Polity › State Legislature · Topic 20.3
The legislative assembly lasts five years from its first meeting, can be dissolved earlier by the Governor and extended in an emergency; the legislative council is a continuing chamber with six-year members, one-third retiring every second year.
5 min read · UPSC Prelims · Polity · State Legislature
At a Glance
- What it is The terms of the assembly and the council
- Article Article 172
- Assembly Five years; Governor can dissolve earlier
- Council Continuing chamber; one-third retire every second year
- Exam link UPSC Prelims, Polity: State Legislature
Where Does It Fit?
This is the third topic of the category on the State Legislature. The two Houses of the state legislature differ in duration in the same way as the Lok Sabha and the Rajya Sabha at the Union level.
Duration of the Assembly
Like the Lok Sabha, the legislative assembly is not a continuing chamber. Its normal term is five years from the date of its first meeting after the general elections. The expiration of five years operates as automatic dissolution. The Governor is authorised to dissolve the assembly at any time, even before the completion of five years, to pave the way for fresh elections. During a National Emergency, the term of the assembly can be extended by a law of Parliament for one year at a time, for any length of time, but not beyond six months after the emergency has ceased to operate; the assembly should be re-elected within six months after revocation of the emergency.
Duration of the Council
Like the Rajya Sabha, the legislative council is a continuing chamber, a permanent body not subject to dissolution. One-third of its members retire on the expiration of every second year, so a member continues as such for six years, the same as in the Rajya Sabha. The vacant seats are filled by fresh elections and nominations by the Governor at the beginning of every third year. The retiring members are eligible for re-election and re-nomination any number of times.
| Point | Legislative Assembly | Legislative Council |
|---|---|---|
| Nature | Not a continuing chamber | Continuing chamber |
| Term | Five years from first meeting | Members for six years |
| Dissolution | By expiry or by the Governor | Not subject to dissolution |
| Renewal | Whole House after elections | One-third every second year |
| Extension | During National Emergency by Parliament, one year at a time | None |
State and Union Compared
| Point | State legislature | Parliament |
|---|---|---|
| Lower house term | Assembly: five years | Lok Sabha: five years |
| Upper house | Council: continuing, six-year members | Rajya Sabha: continuing, six-year members |
| Who dissolves the lower house | Governor | President |
| Emergency extension | By Parliament, one year at a time, six months cap | By Parliament, one year at a time, six months cap |
| Retirement of upper house | One-third every second year | One-third every second year |
| Bill pending in the upper house only | Does not lapse | Does not lapse |
The parallel is deliberate. The Constitution models the state legislature on Parliament, with a House that is renewed after every general election and a second chamber that is permanent, though the council has far fewer powers. After an emergency is revoked, the assembly should be re-elected within six months.
Illustrations of Staggered Retirement
The staggered retirement of the council has a simple effect: because one-third of its seats fall vacant every two years, the entire council is renewed in six years but never all at once. The vacant seats are filled by fresh elections, and in the Governor’s quota by fresh nominations, at the beginning of every third year. A retiring member can contest again or be renominated any number of times. In contrast, the entire assembly is elected afresh after every dissolution, which means that the assembly reflects the latest mandate of the voters, while the council gives continuity. The same design is followed at the Union level between the Lok Sabha and the Rajya Sabha, which the Constitution makers adopted for the states as well.
Lapse of Bills on Dissolution
The position with respect to bills when the assembly is dissolved is: a bill pending in the assembly lapses, whether it originated there or was transmitted by the council; a bill passed by the assembly but pending in the council lapses; a bill pending in the council but not passed by the assembly does not lapse; a bill passed by the assembly (in a unicameral state) or by both Houses (in a bicameral state) but pending the Governor’s or President’s assent does not lapse; and a bill passed by the assembly or both Houses but returned by the President for reconsideration does not lapse.
The rules mirror those at the Union level. The key difference is that because the legislative council is permanent, a bill pending in it alone continues even after the assembly is dissolved.
Why Is This Topic Important?
- Mirror of Parliament Easy marks when linked to Lok Sabha and Rajya Sabha
- Emergency extension Frequently asked
- Bill lapse Statement-based
What Came Next?
The next topic covers qualification for membership of the state legislature.
Key People and Terms
- Dissolution Ending the life of the assembly
- Continuing chamber Permanent House
- Automatic dissolution On expiry of the term
- Prorogation Ending a session
- Lapse Ending of pending bills
Exam Corner
Points to Remember
- Assembly: five years; Governor can dissolve earlier.
- Council: six years per member; one-third retire every second year.
- Emergency extension: one year at a time, six months cap.
- Bill pending only in the council does not lapse.
Do Not Confuse With
- Assembly and Lok Sabha Same term; Governor dissolves the assembly, President the Lok Sabha
- Council and Rajya Sabha Both continuing
- Dissolution and prorogation Ends the House versus the session
Memory Hook
Assembly five, Governor may cut it; council never dies, a third goes every second year.
Mains Angle
Questions on this topic usually ask about continuity. Use these points to add depth.
- Parallel with Parliament Same structure of tenure
- Governor’s role Dissolution power
- Continuity Council as permanent chamber
- Emergency Extension by Parliament
A Question You May Face
An original practice question, not a past paper question.
“Compare the duration of the legislative assembly and the legislative council.”
How to Answer
- Introduction Article 172.
- Assembly Term and extension.
- Council Staggered retirement.
- Conclusion Lapse of bills.
GS Relevance
Frequently Asked Questions
What is the term of a legislative assembly?
The normal term of a legislative assembly is five years from the date of its first meeting after the general elections. The Governor can dissolve it earlier, and Parliament can extend it by a year at a time during a National Emergency.
Is the legislative council a permanent house?
Yes. Like the Rajya Sabha, the legislative council is a continuing chamber and is not subject to dissolution. One-third of its members retire after every second year, and each member serves for six years in all.
Who can dissolve the legislative assembly?
The Governor is authorised to dissolve the assembly at any time, even before five years are over, to pave the way for fresh elections. The assembly is also dissolved automatically on the expiry of its five-year term.
Can the term of the assembly be extended?
Yes, during a National Emergency Parliament can extend the term of the assembly by law for one year at a time, but not beyond six months after the emergency ceases to operate, when fresh elections must be held.
What happens to bills when the assembly is dissolved?
A bill pending in the assembly lapses, as does a bill passed by the assembly but pending in the council. A bill pending only in the council, and bills pending assent or returned by the President, do not lapse.
PYQ Practice — Statement Analysis
1 The legislative council is subject to dissolution.
It is permanent.
2 The Governor can dissolve the assembly before five years.
Article 174(2)(b).
3 One-third of council members retire every year.
Every second year.
4 A bill pending in the council but not passed by the assembly lapses on dissolution.
It does not lapse.
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