Actual Article
Article 172: Duration of State Legislatures
- Every Legislative Assembly of every State shall, unless sooner dissolved, continue for five years from the date appointed for its first meeting and no longer, but the expiration of the period of five years shall operate as a dissolution of the Assembly.
- Notwithstanding the expiry of the period specified in clause (1), the Assembly may be extended during a period of proclamation of emergency declared by the President under Article 356, by laws enacted by Parliament, for not more than one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
UPSC Notes for Article 172
Explanation:
- Duration of Legislative Assemblies:
- The normal term of a state Legislative Assembly is five years from the date of its first meeting, after which it automatically dissolves unless dissolved sooner by proclamation.
- Extension During Emergency:
- In the event of an emergency proclaimed under Article 356, the term of the Legislative Assembly can be extended by Parliament. However, such an extension cannot exceed one year at a time and must not continue beyond six months after the emergency has ceased to operate.
Key Points:
- Fixed Term: Establishes a fixed term for Legislative Assemblies to ensure a stable and predictable legislative period, which is fundamental for governance planning and democratic processes.
- Emergency Provisions: Provides a mechanism for extending the life of the Assembly during national or state emergencies, ensuring continuity of governance during extraordinary circumstances.
Important Cases and Commissions Related to Article 172
Cases:
- No specific landmark cases that interpret Article 172 directly, as it mainly deals with procedural terms for the duration of state legislatures.
Commissions:
- Second Administrative Reforms Commission: Examined the implications of legislative terms and recommended measures to ensure stability and effectiveness in governance during normal and emergency periods.
- Law Commission of India: Has periodically reviewed electoral laws and procedures, including those related to the duration and dissolution of legislative bodies, ensuring their alignment with democratic principles.
Previous Year Prelims Questions Related to Article 172
- (UPSC Prelims 2016) What is the normal term of a State Legislative Assembly as provided by the Constitution?
- A. 4 years
- B. 5 years
- C. 6 years
- D. 3 years Correct Answer: B. 5 years
- (UPSC Prelims 2018) Under what condition can the duration of the State Legislative Assembly be extended beyond its normal term?
- A. If there is a coalition government
- B. If the state is under President’s Rule
- C. During a national emergency
- D. During the proclamation of emergency under Article 356 Correct Answer: D. During the proclamation of emergency under Article 356
Previous Year Mains Questions Related to Article 172
- Mains 2016: “Discuss the rationale behind allowing the extension of the Legislative Assembly’s term during an emergency as per Article 172. How does this impact the democratic process within the state?”
- Mains 2019: “Analyze the constitutional provisions regarding the duration of State Legislatures under Article 172. How do these provisions balance governance stability and democratic principles?”
Additional Insights:
- Governance Continuity: The extension clause under emergency conditions is designed to maintain governance continuity when regular democratic processes might be disrupted.
- Checks and Balances: The requirement for parliamentary approval for extending the Assembly’s term ensures a check on the executive powers during an emergency, safeguarding democratic integrity.
Understanding Article 172 is crucial for UPSC aspirants as it details the temporal framework within which state legislatures operate, highlighting the conditions under which their terms can be extended. This knowledge is essential for both preliminary and main examinations, offering insights into the balance between governance stability and democratic responsiveness.