Maarg Manthan · Topic 16.2

Duration of the Houses of Parliament (Article 83)

Indian Polity › Parliament · Topic 16.2

The Rajya Sabha is permanent, with six-year members and one-third retiring every second year; the Lok Sabha lasts five years from its first meeting, can be dissolved by the President, and may be extended by law during a National Emergency.

5 min read · UPSC Prelims · Polity · Parliament

At a Glance

What it is The terms of the Rajya Sabha and the Lok Sabha
Article Article 83
Rajya Sabha Continuing chamber; members serve six years; one-third retire every second year
Lok Sabha Five years from first meeting; can be dissolved earlier
Exam link UPSC Prelims, Polity: Parliament

Where Does It Fit?

This is the second topic of the category on Parliament. The two Houses differ in duration: one is permanent and the other is elected afresh at intervals.

Duration of the Rajya Sabha

The Rajya Sabha, first constituted in 1952, is a continuing chamber, that is, a permanent body not subject to dissolution. One-third of its members retire every second year, and their seats are filled by fresh elections and presidential nominations at the beginning of every third year. The retiring members are eligible for re-election and renomination any number of times.

The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to Parliament. Accordingly, the Representation of the People Act, 1951 provided that the term of a member shall be six years. The Act also empowered the President to curtail the term of members chosen in the first Rajya Sabha and to make provisions governing the order of retirement; in the first batch, it was decided by lottery who should retire.

Duration of the Lok Sabha

Unlike the Rajya Sabha, the Lok Sabha is not a continuing chamber. Its normal term is five years from the date of its first meeting after the general elections, after which it automatically dissolves. The President is authorised to dissolve the Lok Sabha at any time even before the completion of five years, and this cannot be challenged in a court of law. Once dissolved before the normal term, the dissolution is irrevocable.

During a National Emergency, the term of the Lok Sabha 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. For example, the term of the Fifth Lok Sabha (1971-1977), due to expire on 18 March 1976, was extended twice by one year, but the House was dissolved on 18 January 1977 after five years, ten months and six days.

Dissolution and Lapse of Business

Only the Lok Sabha is subject to dissolution. It happens either automatically on the expiry of the five-year term (or the extended term during an emergency), or when the President decides to dissolve it. When the Lok Sabha is dissolved, all business pending before it or its committees lapses, including bills, motions, resolutions, notices and petitions, and has to be reintroduced in the new Lok Sabha. The rules for bills are:

Bill	Lapses on dissolution?
Pending in the Lok Sabha (originating there or transmitted by the Rajya Sabha)	Yes
Passed by the Lok Sabha but pending in the Rajya Sabha	Yes
Not passed by both Houses due to disagreement, with a joint sitting notified by the President before dissolution	No
Pending in the Rajya Sabha but not passed by the Lok Sabha	No
Passed by both Houses but pending assent of the President	No
Passed by both Houses but returned by the President for reconsideration	No

All pending assurances to be examined by the Committee on Government Assurances also do not lapse.

Why Two Kinds of Duration

The Rajya Sabha is a continuing chamber with staggered retirement, while the Lok Sabha is renewed in full after each general election or dissolution. The Constitution leaves the details of members’ terms to Parliament, which fixed six years in the 1951 Act. The first constituted Rajya Sabha met in 1952.

Comparison

Point	Rajya Sabha	Lok Sabha
Nature	Permanent, continuing chamber	Not a continuing chamber
Term of a member	Six years	Five years of the House
Dissolution	Not subject to dissolution	Dissolved by expiry or by the President
Renewal	One-third retire every second year	Whole House renewed at a general election
Extension	None	During National Emergency by law, a year at a time

Why Is This Topic Important?

Basic facts Term and retirement are asked often
Bill lapse rules Statement-based questions
Emergency link Fifth Lok Sabha example

What Came Next?

The next topic covers the qualification for membership of Parliament.

Key People and Terms

Continuing chamber Permanent House
Dissolution Ending the life of the Lok Sabha
Lapse Ending of pending business
Curtail Shorten
Irrevocable Cannot be undone

Exam Corner

Points to Remember

Rajya Sabha: six years, one-third retire every second year.
Lok Sabha: five years, can be extended in emergency.
Extension not beyond six months after emergency ends.
Bill pending in the Rajya Sabha only does not lapse.

Do Not Confuse With

Term of the member and of the House Rajya Sabha has no House term
Dissolution and prorogation Dissolution ends the Lok Sabha; prorogation ends a session
Lapse and not lapse of bills Depends on where the bill is pending

Memory Hook

Rajya Sabha never dies, a third leaves every two years; Lok Sabha lives five unless dissolved.

Mains Angle

Questions on this topic usually ask about continuity and emergency extension. Use these points to add depth.

Continuity Rajya Sabha ensures permanence
Emergency extension Fifth Lok Sabha example
Business lapse Rules for bills
Presidential dissolution Not justiciable

A Question You May Face

An original practice question, not a past paper question.

“Discuss the duration of the Houses of Parliament and the effect of dissolution on pending business.”

How to Answer

Introduction Article 83.
Rajya Sabha Continuing chamber.
Lok Sabha Term and extension.
Conclusion Lapse rules.

GS Relevance

Prelims: Indian Polity, Parliament. GS Paper 2: Parliament.

Frequently Asked Questions

What is the duration of the Rajya Sabha?

The Rajya Sabha is a continuing chamber and is not subject to dissolution. Each member serves six years, and one-third of its members retire every second year, with vacancies filled by fresh elections and nominations at the beginning of every third year.

What is the normal term of the Lok Sabha?

The normal term of the Lok Sabha is five years from the date of its first meeting after the general election, after which it automatically dissolves. The President can dissolve it earlier, and this cannot be challenged in a court.

Can the Lok Sabha’s term be extended?

Yes, during a National Emergency, Parliament can extend the Lok Sabha’s term by law for one year at a time, but the extension cannot go beyond six months after the emergency ceases to operate. The Fifth Lok Sabha’s term was extended twice.

What happens to bills when the Lok Sabha is dissolved?

Bills pending in the Lok Sabha lapse, including those passed by it but pending in the Rajya Sabha. Bills pending only in the Rajya Sabha, bills awaiting presidential assent, and bills where a joint sitting has been notified do not lapse.

Who decided the order of retirement in the first Rajya Sabha?

The Representation of the People Act, 1951 empowered the President to curtail the term of members chosen in the first Rajya Sabha and to provide the order of retirement; in the first batch it was decided by lottery who should retire.

PYQ Practice — Statement Analysis

1 The Rajya Sabha is subject to dissolution.

False

It is a continuing chamber.

2 A bill passed by the Lok Sabha and pending in the Rajya Sabha lapses on dissolution.

True

It lapses.

3 The Lok Sabha’s term can be extended by one year at a time during a National Emergency.