📜 Article 172 of the Indian Constitution
Title: Duration of State Legislatures
🔹 Text Summary of Article 172:
Article 172 defines the term (duration) of the State Legislative Assembly and Legislative Council, and when they can be dissolved or extended.
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | The Legislative Assembly of every state, unless dissolved sooner, shall continue for 5 years from the date of its first sitting. |
| However, the term can be extended during a national emergency (Proclamation under Article 352), but not more than one year at a time, and not beyond six months after emergency ends. | |
| (2) | The Legislative Council is not subject to dissolution. However, one-third of its members retire every 2 years (i.e., it's a permanent body with staggered elections). |
🧠 Key Takeaways:
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Normal term of a State Legislative Assembly = 5 years.
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The term can be shortened if the Assembly is dissolved earlier (e.g., due to loss of majority).
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The term can be extended during a National Emergency, but with strict constitutional limits.
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The Legislative Council (Vidhan Parishad), where it exists, is a continuing body, like the Rajya Sabha at the Centre.
🏛️ Emergency Extension Example:
During the 1975–77 Emergency, several state assemblies’ terms were extended using this Article.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 83 | Duration of Parliament (for comparison) |
| 356 | President’s Rule – can lead to dissolution |
| 324–327 | Election-related provisions |
Here is a clear and concise ✅ Comparison Chart between the Duration of Parliament (Centre) and the State Legislature based on Article 83 and Article 172 of the Indian Constitution:
🧾 Comparison: Duration of Parliament vs State Legislature
| Feature | Parliament (Article 83) | State Legislature (Article 172) |
|---|---|---|
| Governing Article | Article 83 | Article 172 |
| Applies To | Lok Sabha and Rajya Sabha | Legislative Assembly and Legislative Council |
| Term of Lower House | Lok Sabha: 5 years from first sitting | Legislative Assembly: 5 years from first sitting |
| Term of Upper House | Rajya Sabha: Permanent, 1/3rd members retire every 2 yrs | Legislative Council: Permanent, 1/3rd members retire every 2 yrs |
| Can Term Be Extended? | Yes, during National Emergency under Article 352 | Yes, during National Emergency under Article 352 |
| Maximum Extension During Emergency | 1 year at a time, and not beyond 6 months after Emergency ends | Same as Parliament – 1 year at a time, and not beyond 6 months after Emergency ends |
| Can Be Dissolved Early? | Yes, Lok Sabha can be dissolved by the President | Yes, Legislative Assembly can be dissolved by Governor (with approval) |
| Who Dissolves the House? | President (on advice of PM and Council of Ministers) | Governor (on advice of CM and Council of Ministers or during President’s Rule) |
🧠 Key Similarities:
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Both Lok Sabha and State Assemblies have a 5-year term.
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Upper Houses (Rajya Sabha & Legislative Council) are permanent bodies with rotational retirement.
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Both can be extended only during a national emergency and with strict constitutional safeguards.
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