Permanent Rajya Sabha and Five-Year Lok Sabha Term
Official heading: “Duration of Houses of Parliament”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 83, printed page 39
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1. In One Sentence
Article 83 establishes that the Council of States is a permanent body not subject to dissolution with one-third retiring every two years, while the Lok Sabha has a five-year term unless dissolved sooner or extended during an Emergency.
2. What It Means in Everyday Language
Article 83 defines the institutional duration of both chambers of Parliament. Clause (1) establishes that the Council of States (Rajya Sabha) is a permanent legislative body and is never subject to dissolution. To ensure continuity, approximately one-third of its members retire every second year, giving each member a six-year tenure under statutory law.
Clause (2) fixes the term of the House of the People (Lok Sabha) at five years from the date appointed for its first meeting. The expiration of the five-year period operates automatically as a dissolution, though the Prime Minister may advise earlier dissolution.
The Proviso to clause (2) contains a critical emergency exception: while a Proclamation of National Emergency under Article 352 is in operation, Parliament may by law extend the Lok Sabha’s term for up to one year at a time, but in no case beyond six months after the emergency has ceased to operate.
3. Practical Illustrative Example
General parliamentary elections are concluded, and the newly elected Lok Sabha holds its very first meeting on 10 June.
4. Important Limits, Qualifications & Exceptions
Article 83 balances continuous upper-house review with periodic popular renewal in the lower house.
- Rajya Sabha permanence: Never dissolves; one-third retires biennially.
- Lok Sabha term: Fixed at 5 years from first meeting; automatic dissolution upon term expiry.
- Emergency extension: Parliament may extend Lok Sabha by 1 year at a time during Proclamation of Emergency.
- Post-emergency limit: Extension cannot survive beyond 6 months after the Emergency ends.
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 V, Article 83, printed page 39 • 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.