The “Duration of Houses of Parliament” typically refers to the lifespan of a particular Parliament, meaning the period between its first sitting after a general election and its dissolution before the next election. The duration can vary depending on the country’s laws and traditions.
The “term of members of parliament” refers to the duration for which elected representatives serve in a parliamentary body. In many democratic countries, members of parliament (MPs) are elected to serve for a fixed period, typically referred to as a term. The length of a parliamentary term can vary depending on the country’s constitution or laws.
Provision in the Constitution of India
Article 83 of the Constitution defines the duration of both Houses of the Parliament.
Constitution of India
Article 83. Duration of Houses of Parliament
(1) The Council of States 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.
(2) 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 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.
Duration of the Rajya Sabha
- The Council of States or Rajya Sabha is the upper house of the Parliament. It is a continuing House of Parliament. This means it is not dissolved and is therefore a permanent house.
- Its members serve staggered terms with one-third of its members retiring every two years.
- The seats that become vacant are filled by newly elected or nominated members. This system ensures continuity in the functioning of the house.
- The retiring members are eligible for re-election and renomination any number of times.
Term of a Rajya Sabha Member
- The Constitution has not fixed the term of office of members of the Rajya Sabha and has authorized the Parliament to make laws for the same.
- Accordingly, Parliament passed the Representation of the People Act, 1951.
- The Representation of the People Act, 1951 provides that the term of office of a member of the Rajya Sabha shall be six years.
- However, a member elected in a by-election serves for the remainder of the term of the vacancy caused.
- The member can resign or be terminated or be disqualified before expiry of the term.
- First Batch: The Act also gave the President of India the power to shorten the term of members elected in the first Rajya Sabha, and to control the order of retirement of Rajya Sabha members. Under this, the president has made the Rajya Sabha (Term of Office of Members) Order, 1952. In the first batch, it was decided by lottery as to who should retire. Further, the Act also authorised the President to make provisions to govern the order of retirement of the members of the Rajya Sabha.
Duration of the Lok Sabha
- The House of the People or Lok Sabha is the lower house of the Parliament. Unlike Rajya Sabha, the Lok Sabha is not a continuing House of Parliament. This means it is dissolved and is therefore a non-permanent house.
- As provided in Article 83(2) of the Constitution, the duration of the Lok Sabha is five years from the first meeting of the new Lok Sabha after the general elections.
- The Lok Sabha can also be dissolved before the expiry of the five years. The new Lok Sabha formed after the untimely dissolution of the previous Lok Sabha will get the full five-year term, unless dissolved earlier.
- Extension in Emergency: When an emergency has been proclaimed, the duration of the Lok Sabha can be extended by a period of one year. While the emergency is there, this extension of one year can be made multiple times but each time not beyond more than one year. After the emergency has ceased to exist then the extension cannot be made by more than six months.
Term of the Lok Sabha Member
- The Lok Sabha Member of Parliament’s tenure coincides with the duration of the Lok Sabha.
- The member can resign or be terminated or be disqualified before expiry of the term.
MCQs (Multiple Choice Questions) and PYQs (Previous Year Questions)
Question 1: What is the duration of the Rajya Sabha?
(a) 2 years
(b) 5 years
(c) 6 years
(d) None of the above
Answer 1: (d) None of the above
Explanation: Rajya Sabha is the permanent house of the Parliament. It is not dissolved and therefore its duration is continous one and not fixed.
Question 2: What is the duration of the Lok Sabha?
(a) 2 years
(b) 5 years
(c) 6 years
(d) None of the above
Answer 2: (b) 5 years
Explanation: The duration of Lok Sabha is 5 years.
Question 3: Consider the following statements:
1. During Emergency the duration of Lok Sabha can be extended by six months.
2. During Emergency there is no effect on the duration of the Rajya Sabha.
Which of the statements given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer 3: (b) Only 2
Explanation: Statement 1 is incorrect. During Emergency the duration of Lok Sabha can be extended by 1 year at a time. While the emergency is there this extension can be done as many times.
Statement 2 is correct. During Emergency, there is no effect in the duration of Rajya Sabha as it is already a permanent house.