Duration of State Legislatures
Official heading: “Duration of State Legislatures .”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 172, printed page 79
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1. In One Sentence
Article 172 fixes a five-year term for the Legislative Assembly unless dissolved earlier, and establishes the Legislative Council as a permanent body not subject to dissolution with one-third of members retiring every two years.
2. What It Means in Everyday Language
Article 172 prescribes the constitutional lifespan of both chambers of the State Legislature, mirroring the parliamentary duration rules of Article 83.
Legislative Assembly Duration: The Assembly operates for a term of five years from the date appointed for its first meeting, and the expiration of this five-year period operates as an automatic dissolution of the House. It can be dissolved earlier by the Governor on the advice of the Chief Minister.
Emergency Extension: During an active Proclamation of Emergency under Article 352, Parliament may by law extend the Assembly's term for up to one year at a time, but not exceeding six months after the emergency ceases to operate.
Permanent Council: The Legislative Council is not subject to dissolution. It is a continuing body where, as nearly as possible, one-third of its members retire every two years upon the expiration of their six-year terms.
3. Practical Illustrative Example
A State Legislative Assembly completes five years from its inaugural sitting without a mid-term dissolution.
4. Important Limits, Qualifications & Exceptions
Article 172 defines the temporal stability of State legislative bodies.
- Five-year maximum life for Legislative Assemblies from inaugural sitting.
- Permits earlier dissolution by the Governor.
- Emergency extension power vested exclusively in Parliament.
- Legislative Council is permanent and indissoluble, with staggered two-year retirements.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 172, printed page 79 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.