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Duration and Dissolution Process of Lok Sabha in the Indian Parliament
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- Lok Sabha is not a continuing It automatically dissolves after five years.
- Its normal term is five years from the date of its first meeting after the general elections, after which it automatically dissolves.
- The President is authorised to dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in a court of law.
- The term of the Lok Sabha can be extended during the period of national emergency by a law of Parliament for one year at a time for any length of time.
- However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.
- The term of the fifth Lok Sabha that was to expire on 18 March 1976, was by an act of parliament, extended by for a period of five years, 10 months and six days in total.
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Tenure and Renewal Process of Rajya Sabha in the Indian Parliament
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- In the case of the first Rajya Sabha, the first two batches to retire were settled by drawing a lottery
- The Rajya Sabha (first constituted in 1952) is a continuing chamber. It is a permanent body and not subject to dissolution.
- The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament.
- Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years.
- Further, the act also authorised the President to make provisions to govern the order of retirement of the members of the Rajya Sabha.
- One-third of its members retire every second year.
- Their seats are filled up (by fresh elections and presidential nominations) at the beginning of every third year.
- The retiring members are eligible for re-election and re-nomination any number of times.
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