Article 83 of the Indian Constitution deals with the duration of the Houses of Parliament. Specifically, clause (2) pertains to the tenure of the Lok Sabha, the House of the People. This provision is crucial as it establishes the normal term for which a Lok Sabha remains in power, while also outlining conditions for its dissolution. Understanding Article 83(2) is essential for comprehending the dynamics of parliamentary democracy in India.
Original Text
(1) ** ** *
(a) the Council of States shall not be subject to dissolution, but as nearly as may be 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;
(b) The house Of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House:
Provided that the said period of five years 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.
Detailed Explanation
Article 83(2) lays down the standard five-year term for the Lok Sabha. However, it also addresses two significant exceptions: dissolution and extension during a national emergency.
- Five-Year Term: The Lok Sabha is elected for a term of five years, commencing from the date of its first meeting after a general election.
- Automatic Dissolution: At the end of the five-year term, the Lok Sabha automatically dissolves, even without a formal proclamation. This dissolution triggers the need for fresh elections to constitute a new Lok Sabha.
- Earlier Dissolution: The President of India, on the advice of the Prime Minister, has the power to dissolve the Lok Sabha before the completion of its five-year term. This is often done when the ruling government loses its majority or when fresh elections are deemed necessary to resolve a political deadlock.
- Extension During Emergency: The article provides for the extension of the Lok Sabha’s term during a Proclamation of Emergency (under Article 352). Parliament, through a law, can extend the term by a period not exceeding one year at a time. However, this extension cannot continue indefinitely. It must cease no later than six months after the emergency proclamation is revoked.
Detailed Notes
- Normal Term: The ordinary duration of the Lok Sabha is five years from the date appointed for its first sitting.
- Automatic Dissolution: Expiry of the five-year term leads to automatic dissolution of the Lok Sabha.
- President’s Power: The President can dissolve the Lok Sabha before the completion of its term on the advice of the Prime Minister.
- Emergency Extension:
- During a National Emergency (Article 352), Parliament can extend the term of the Lok Sabha by law.
- Extensions are limited to a maximum of one year at a time.
- Any extension cannot continue beyond six months after the emergency is lifted.
- Impact on Elections: The dissolution of the Lok Sabha, whether automatic or pre-term, necessitates fresh elections to constitute a new House.
- First Meeting Date: The date of the first meeting is crucial because it marks the starting point for calculating the five-year term.
- Historical Context: This provision reflects the framers’ intention to establish a stable yet flexible parliamentary system. The five-year term provides stability, while the provisions for dissolution and emergency extension allow for adaptation to changing circumstances.
- 42nd Amendment Act: The 42nd Amendment Act of 1976 had initially extended the term of Lok Sabha to six years. However, the 44th Amendment Act of 1978 restored the original five-year term.
Additional Comments
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The power of the President to dissolve the Lok Sabha is generally exercised on the advice of the Prime Minister. However, there can be situations, such as a hung parliament, where the President may exercise their discretion in deciding whether to dissolve the House or explore the possibility of forming an alternative government.
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The extension of the Lok Sabha’s term during an emergency has been a subject of debate. While it allows for continuity of government during a crisis, there are concerns that it could be used to postpone elections for political gain.
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The Representation of the People Act, 1951 and other related laws also govern the conduct of elections and the constitution of the Lok Sabha.
Summary
The House of the People (Lok Sabha) generally has a term of five years from the date of its first meeting. This term can be cut short by dissolution, initiated by the President, typically on the Prime Minister’s advice. Conversely, during a Proclamation of Emergency, Parliament can extend the Lok Sabha’s term by up to one year at a time, ceasing no later than six months after the emergency ends. Upon completion of the five-year period, the Lok Sabha is automatically dissolved, mandating fresh elections.