Constitutional Tenure of Legislatures

The Constitution gives the Lok Sabha and every State Legislative Assembly a normal tenure of five years, but this is a maximum normal life rather than a guaranteed fixed term. The period is counted from the date appointed for the House's first meeting, unless it is dissolved earlier.

Normal constitutional tenure

• Under Article 83(2), the Lok Sabha continues for five years from the date appointed for its first meeting and no longer, unless sooner dissolved.
• Under Article 172(1), every State Legislative Assembly ordinarily continues for five years from the date appointed for its first meeting and no longer, unless sooner dissolved.
• Thus, the tenure begins neither on polling day nor on the declaration of election results, but from the constitutionally relevant first-meeting date.

Dissolution before completion

The five-year period does not prevent an earlier dissolution. Article 85(2)(b) authorises the President to dissolve the Lok Sabha, while Article 174(2)(b) authorises the Governor to dissolve a State Legislative Assembly, within the framework of parliamentary government.

• A House constituted after an early dissolution receives its own tenure calculated from the date appointed for its first meeting.

Extension during a national emergency

While a Proclamation of Emergency is in operation, Parliament may by law extend the tenure of the Lok Sabha or State Legislative Assemblies. The extension cannot exceed one year at a time and cannot continue beyond six months after the Emergency ceases.

• The emergency-extension rules are contained in the provisos to Articles 83(2) and 172(1).
• The Forty-second Amendment Act, 1976 increased the normal tenure to six years, but the Forty-fourth Amendment Act, 1978 restored it to five years.