Article 172 of Constitution of India – Duration of State Legislatures
Article 172 of Constitution of India deals with Duration of State Legislatures
Original Text of Article 172 of Constitution of India
(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for 1[five years] from the date appointed for its first meeting and no longer and the expiration of the said period of 1[five years] shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
(2) The Legislative Council of a State shall not be subject to dissolution,
but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.
Questions related to Article 172 of Constitution of India
Article 172 states that every State Legislative Assembly shall continue for five years from its first meeting unless dissolved sooner, according to the provisions of the Constitution of India.
Yes, during a national emergency, Parliament can extend the term of a State Assembly by law for one year at a time, but not beyond six months after the emergency ends, as per Article 172 and explained on Indian Kanoon.
Article 172 specifically applies to the Legislative Assembly. The Legislative Council is a permanent body, with one-third of its members retiring every two years, as outlined in the Articles of Indian Constitution.
If the Assembly is dissolved earlier, fresh elections must be held. The five-year term is the maximum, not a minimum, as interpreted in multiple cases listed on Indian Kanoon.
You can explore Indian Kanoon for judgments and case references where Article 172 was invoked, especially during emergencies or when questions about premature dissolution were raised under the Indian Constitution.
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