Duration
of Rajya Sabha
- Permanent Body
The Rajya Sabha (first constituted in 1952) is a continuing chamber, that is, it is a permanent body and not subject to dissolution. - One-third of its members retire every second year
One-third of its members retire every second year. Their seats are filled up by fresh elections and presidential nominations at the beginning of every third year. The retiring members are eligible for re-election and re-nomination any number of times. - No fixed term in constitution
The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years. The act also empowered the president of India to curtail the term of members chosen in the first Rajya Sabha. In the first batch, it was decided by lottery as to who should retire. Further, the act also authorized the President to make provisions to govern the order of retirement of the members of the Rajya Sabha.
(Under this, the president has made the Rajya Sabha (Term of Office of Members) Order, 1952.)
Duration
of Lok Sabha
- Not a continuing chamber
Unlike the Rajya Sabha, the Lok Sabha is not a continuing chamber. Its normal term is five years from the date of its first meeting after the general elections, after which it automatically dissolves. - President can dissolve it at any time
However, the President is authorized to dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in a court of law. - During Emergency
Further, the term of the Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.
(The term of the fifth Lok Sabha that was to expire on 18 March, 1976, was extended by one
year upto 18 March, 1977 by the House of the People (Extension of Duration) Act, 1976. It
was extended for a further period of one year up to 18 March, 1978 by the House of the
People (Extension of Duration) Amendment Act, 1976. However, the House was dissolved on
18 January 1977, after having been in existence for a period of five years, 10 months and six
days.)
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