Constitution Section 83 — Duration of Houses of Parliament

Part V — THE UNION — General

Constitutional

Summary

The Council of States, also known as the Rajya Sabha, is a permanent house and cannot be dissolved. Instead, about one-third of its members leave office every two years, as Parliament decides by law. The House of the People, or Lok Sabha, lasts for five years from its first meeting unless it is dissolved earlier, and after five years it automatically dissolves. However, during a national emergency, Parliament can extend the Lok Sabha’s term by law for up to one year at a time, but no longer than six months after the emergency ends.

Official Text

(1) The Council of States 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.

(2) The House of the People, 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 House: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.