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Article 172 of Indian Constitution - Detailed Analysis

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 172 - Composition of the Legislative Councils

Part of the Constitutional Article

Part VI

Under Part VI Article 172 of Indian Constitution is considered as an important provision. The Indian Constitution is a comprehensive document which defines the structure of the political system of the nation. It establishes a federal framework with authority shared between the Central Government and States. An important component of this federal structure is the existence of state legislatures which play a key role in the governance of their respective states. Article 172 of Indian Constitution lays down the duration and dissolution of state Legislative Assemblies. It specifies a fixed 5 year term for each Assembly. It also allows for an extension of the term of the Assembly during emergencies under Article 356 with certain limitations. The structure of Article 172 of Indian Constitution ensures stability in governance while accommodating exceptional circumstances.

Interpretation of Article 172 of Indian Constitution

Article 172 of Indian Constitution states that - “1) Every Legislative Assembly of every State, 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 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.”

The duration of a state Legislative Assembly as provided under Article 172 of Indian Constitution is 5 years from the date of its first meeting after which it automatically dissolves unless it is dissolved earlier by a proclamation. According to the proviso under Article 172 of Indian Constitution in instances where an emergency is declared under Article 356 of Constitution the term of the Legislative Assembly may be extended by Parliament. However, it is important to note that such an extension of time period can only last for 1 year at a time and must not exceed 6 months after the emergency has ended. 

The structure under Article 172 of Indian Constitution guarantees a fixed term for the Legislative Assemblies and stability for governance and the democratic process. 

Conclusion

Article 172 of Indian Constitution plays an important role for the smooth operation of state legislatures. The provision by defining a maximum term for the state legislatures and stating the conditions for their dissolution ensures the continuous renewal of the democratic process.

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FAQs about Article 172 of Indian Constitution

Article 172 states that the duration of a state Legislative Assembly is five years from the date of its first meeting.

The term can be extended during a proclamation of emergency under Article 356.

The Legislative Assembly automatically dissolves unless it is dissolved earlier.

Under Article 172 the Legislative Council of a state is not subject to dissolution.

Article 172 ensures the regular renewal of the democratic process by guaranteeing a fixed term for Legislative Assemblies.

Article 172 is mentioned under Part VI of Indian Constitution.
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