Constitution Section 172 — Duration of State Legislatures

Part VI — THE STATES — General

Constitutional

Summary

A State Legislative Assembly normally lasts for five years from the date of its first meeting, unless it is dissolved earlier. After five years, the Assembly automatically dissolves. However, if a national emergency is in effect, Parliament can extend this five-year term by law, adding up to one year at a time, but never more than six months after the emergency ends. A State Legislative Council is not dissolved; instead, about one-third of its members retire every two years, as Parliament decides by law.

Official Text

(1) Every Legislative Assembly 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.