Answer By law4u team
Constitution Of India Article 172: Duration of State Legislatures
(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for {1}[five years] from the date appointed for its first meeting and no longer, and the expiration of the said period of {1}[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.
Note
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 30, for five years (w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 24, for six years (w.e.f. 6-9-1979).
Brief Detail
Article 172 establishes the duration of State Legislatures. A Legislative Assembly shall function for five years unless dissolved earlier, and the period can be extended during a Proclamation of Emergency. The Legislative Council, however, is not subject to dissolution but sees one-third of its members retire every two years, ensuring staggered terms.
Question & Answers
What is the duration of a State Legislative Assembly?
The duration of a Legislative Assembly is five years from its first meeting unless it is dissolved sooner. This period may be extended during an Emergency, but not for more than one year at a time and no longer than six months after the Emergency ends.
What happens to the members of the Legislative Council?
The Legislative Council is not subject to dissolution. Instead, about one-third of its members retire every two years, as per the provisions made by Parliament.
Example
If a Legislative Assembly is constituted on 1st January 2020, it will continue to function until 1st January 2025, unless dissolved earlier. If an Emergency is declared in 2022, Parliament could extend the Assembly's term for one more year, but it cannot extend beyond 1st July 2026 (six months after the end of the Emergency). Meanwhile, in the Legislative Council, one-third of members would retire every two years, with their seats being filled accordingly.
Summary
Article 172 ensures that the Legislative Assembly of a state has a fixed tenure of five years, with provisions for extension during emergencies. The Legislative Council operates differently, with staggered retirements, ensuring continuity without dissolution.
