The Constitution provides different rules for the duration of the two Houses of a State Legislature.
The key provision is:
Article 172 — Duration of State Legislatures
The Legislative Assembly has a normal term of five years, while the Legislative Council is a permanent House.
Therefore:
Assembly → Temporary
Council → Permanent
Article 172 deals with the duration of:
Related provisions include:
The normal term of the Legislative Assembly is:
Five years
The period is calculated from the date appointed for its first meeting.
At the end of the five-year period, the Assembly normally ceases to exist unless it has been dissolved earlier or its term has been constitutionally extended during a National Emergency.
The Legislative Assembly is a:
Temporary House
It may:
Therefore:
Five years = Normal maximum constitutional term
subject to the emergency extension provisions.
The Legislative Assembly may be dissolved before completing five years.
Dissolution ends the existence of the House.
A fresh election is then generally required to constitute a new Assembly.
The Governor has the constitutional power to dissolve the Legislative Assembly, subject to the parliamentary system and constitutional conventions.
During a Proclamation of Emergency, Parliament may extend the term of a Legislative Assembly.
However, the extension is subject to two important limitations:
The term cannot be extended for more than:
One year at a time
The Assembly cannot continue beyond:
Six months after the Emergency has ceased
Therefore:
Emergency → Extension possible
but:
Extension → Constitutionally limited
National Emergency
↓
Parliament
↓
Assembly term may be extended
↓
Maximum 1 year at a time
↓
Cannot continue beyond 6 months
after Emergency ends
7. Legislative Council — Permanent House
The Legislative Council is:
A Permanent House
It is not subject to dissolution.
This means that the Council continues to exist even when the Legislative Assembly is dissolved.
8. Term of Legislative Council Members
Although the Council itself is permanent, individual members do not serve permanently.
Each member normally has a:
Six-year term
One-third of the members retire every:
Two years
Therefore:
Council → Permanent
Member → Six years
Retirement → One-third every two years
9. Why Is the Council Permanent?
The permanent nature of the Council provides:
Continuity
Institutional memory
Stability
Continuous legislative representation
Unlike the Assembly, there is no need to completely reconstitute the Council after every Assembly election.
10. Assembly vs Council — Duration
Feature Legislative Assembly Legislative Council
Nature Temporary Permanent
Normal term 5 years Permanent House
Member term House term 6 years
Retirement House may be dissolved 1/3 members every 2 years
Dissolution Possible Not possible
Emergency extension Possible Not applicable
Continuity Lower Higher
11. Assembly Dissolution vs Council Continuity
Consider a State having:
Assembly + Council
If the Assembly is dissolved:
Legislative Assembly
↓
Dissolved
↓
Fresh Assembly Election
But:
Legislative Council
↓
Continues
↓
No Dissolution
This demonstrates the different constitutional nature of the two Houses.
12. General Election and Assembly Term
A general election is normally held when:
The Assembly completes its five-year term, or
The Assembly is dissolved earlier
The newly elected Assembly is then constituted according to the electoral process.
Thus:
Assembly election → New Legislative Assembly
13. By-Elections and Term
A by-election does not create a new five-year term for the member.
The elected member normally serves:
The remaining period of the existing term
This is different from a general election, which constitutes a new Assembly.
14. Council Retirement
The Legislative Council follows a rotational retirement system.
Every two years:
One-third of its members retire
New members are elected or nominated according to the applicable constitutional and statutory procedure.
This ensures:
Continuous renewal without dissolution
15. Article 172 and Emergency
Article 172 specifically provides the constitutional framework for extension of the Legislative Assembly during a National Emergency.
The extension is made by:
Parliament
and is limited by the Constitution.
This prevents an indefinite extension of the elected House.
16. No Automatic Extension
The Assembly's term does not automatically increase merely because a National Emergency exists.
Extension requires:
Parliamentary action
and remains subject to constitutional limits.
Therefore:
Emergency ≠ Automatic Extension
17. Six-Month Rule After Emergency
The Assembly's extended term cannot continue beyond:
Six months after the Proclamation of Emergency has ceased to operate
This ensures that the emergency extension remains temporary.
18. Important Distinction
Do not confuse:
Six months between legislative sessions
with:
Six months after Emergency for extended Assembly
They refer to completely different constitutional provisions.
Article 174
Not more than six months may intervene between two sessions.
Article 172
An Assembly extended during Emergency cannot continue beyond six months after the Emergency ends.
19. UPSC Prelims Facts
Article 172 deals with the duration of State Legislatures.
Legislative Assembly normally has a five-year term.
The term is calculated from the date appointed for its first meeting.
Assembly may be dissolved before five years.
Parliament may extend Assembly's term during a National Emergency.
Extension cannot exceed one year at a time.
Extended Assembly cannot continue beyond six months after the Emergency ends.
Extension is not automatic.
Legislative Council is a permanent House.
Council cannot be dissolved.
Individual Council members normally serve six years.
One-third of Council members retire every two years.
Dissolution of Assembly does not dissolve the Legislative Council.
By-election does not give a member a fresh five-year term.
Article 172 should not be confused with Article 174's six-month session rule.
20. UPSC Prelims Traps
Trap 1
"Legislative Assembly is a permanent House."
False
It is a temporary House.
Trap 2
"Legislative Council has a six-year existence."
False
The Council is permanent.
Individual members normally have six-year terms.
Trap 3
"Entire Legislative Council retires every six years."
False
One-third of its members retire every two years.
Trap 4
"Assembly term can be extended indefinitely during Emergency."
False
Extension is limited to one year at a time and cannot continue beyond six months after the Emergency ends.
Trap 5
"Emergency automatically extends the Assembly."
False
Parliament must extend the term.
Trap 6
"Assembly can continue indefinitely after Emergency ends."
False
It cannot continue beyond six months after the Emergency ceases.
Trap 7
"Dissolution of Assembly automatically dissolves the Legislative Council."
False
The Council is a permanent House.
Trap 8
"Six-month rule under Article 172 refers to legislative sessions."
False
The six-month interval between sessions is under Article 174.
21. Easy Memory Trick
Assembly
5 → Normal Term
1 → Maximum Emergency Extension at a time
6 → Maximum months after Emergency
Council
Permanent → House
6 → Member Term
2 → Every 2 years
1/3 → Members Retire
22. Article Memory
168 → State Legislature
169 → Council Creation / Abolition
170 → Assembly Composition
171 → Council Composition
172 → Duration
173 → Qualifications
174 → Sessions
Easy sequence:
168–174 = Structure → Composition → Duration → Qualifications → Sessions
23. Mains Perspective
The different terms of the two Houses reflect their different constitutional purposes.
The Legislative Assembly provides:
Direct Democratic Representation
and therefore has a limited term and can be dissolved.
The Legislative Council provides:
Continuity + Deliberation
and therefore remains permanent, with periodic retirement of members.
This arrangement balances:
Democratic Renewal
with:
Institutional Stability
24. Conclusion
The constitutional framework creates a clear distinction between the two Houses:
Legislative Assembly
→ Temporary House
→ Five-year normal term
→ Can be dissolved
→ Limited emergency extension
Legislative Council
→ Permanent House
→ Members serve six years
→ One-third retire every two years
→ Cannot be dissolved
Thus, the State Legislature combines:
Democratic Renewal through the Assembly
with:
Institutional Continuity through the Council