Actual Article
Article 83: Duration of Houses of Parliament
- Lok Sabha (House of the People):
- The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.
- An extension beyond this period can only occur in a state of emergency, not exceeding one year at a time, and not extending beyond six months after the emergency has ceased to operate.
- Rajya Sabha (Council of States):
- The Council of States shall be a permanent body not subject to dissolution.
- One-third of its members shall retire every second year, in accordance with the provisions made in that behalf by Parliament by law.
UPSC Notes for Article 83
Explanation:
- Duration of Lok Sabha: The normal term is five years, subject to dissolution earlier. The term can be extended only during a state of emergency.
- Rajya Sabha as a Permanent Body: The Rajya Sabha is not subject to dissolution, with one-third of its members retiring every two years, ensuring continuity.
Key Points:
- Five-Year Term of Lok Sabha: The Lok Sabha’s tenure is fixed at five years, providing stability and a regular cycle for elections and governance.
- Emergency Extensions: During a national emergency, the Lok Sabha’s term can be extended annually, but only up to six months post-emergency.
- Continuity of Rajya Sabha: As a permanent body, the Rajya Sabha provides stability and continuity in the legislative process, with staggered terms for its members.
Important Cases and Commissions Related to Article 83
Cases:
- Kihoto Hollohan vs. Zachillhu (1992): Discussed the tenure of legislators and the functioning of parliamentary houses, indirectly reflecting on the terms of Lok Sabha and Rajya Sabha members.
- L. Chandra Kumar vs. Union of India (1997): While primarily about the judiciary, it touched upon the functioning of the legislative framework, including parliamentary terms.
Commissions:
- NCRWC (National Commission to Review the Working of the Constitution) (2002): Suggested improvements in the functioning of the Parliament, including aspects related to the terms of the houses.
- Law Commission Reports: Various reports have discussed the functioning and efficiency of the legislative bodies, indirectly touching upon the terms and continuity of Lok Sabha and Rajya Sabha.
Previous Year Prelims Questions Related to Article 83
- (UPSC Prelims 2015) Which of the following statements is correct regarding the term of the Lok Sabha?
- A. It is a permanent body.
- B. It is dissolved every five years or earlier.
- C. It has a fixed term of six years.
- D. It cannot be extended under any circumstances. Correct Answer: B. It is dissolved every five years or earlier
- (UPSC Prelims 2017) The Rajya Sabha is a permanent house but one-third of its members retire every:
- A. Year
- B. Two years
- C. Three years
- D. Five years Correct Answer: B. Two years
Previous Year Mains Questions Related to Article 83
- Mains 2016: “Discuss the significance of the Rajya Sabha being a permanent body and its role in the Indian legislative process as outlined in Article 83.”
- Mains 2019: “Analyze the provisions for the extension of the Lok Sabha’s term during an emergency as per Article 83. How does this reflect the balance between stability and democratic principles?”
Additional Insights:
- Democratic Stability: The fixed term of the Lok Sabha ensures periodic elections, reinforcing democratic accountability.
- Emergency Provisions: Allowing extensions during emergencies ensures governance continuity, though these extensions are strictly regulated.
- Legislative Continuity: The Rajya Sabha’s permanent nature ensures ongoing legislative work, providing a balance against the more frequently changing Lok Sabha.
Understanding Article 83 is crucial for UPSC aspirants as it provides insights into the tenure and continuity of India’s legislative bodies, reflecting the balance between stability and democratic governance. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework in India.