What is Article 83 of Indian Constitution – Defination & Meaning

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
📅 Part V – The Union
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Article Number

83

part

Part V – The Union

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Active

Bare Acts Text

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.
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Full Definition & Explanation

Article 83 of the Indian Constitution outlines the duration of the two Houses of Parliament: the Council of States and the House of the People. The Council of States, or Rajya Sabha, is unique because it is not subject to complete dissolution. Instead, one-third of its members retire every two years, ensuring that the House remains continuously functional. This staggered retirement allows for a mix of experienced and new members, maintaining continuity in governance and representation. It impacts members of the Parliament directly and indirectly affects citizens as it ensures a consistent legislative process. On the other hand, the House of the People, or Lok Sabha, has a fixed duration of five years unless dissolved sooner. This means that elections must be held every five years, allowing the public to choose their representatives regularly. The Constitution also provides that during a state of emergency, the Lok Sabha’s duration can be extended by Parliament, but this extension cannot exceed six months after the emergency ends. This provision balances the need for stability in governance during crises while also ensuring that the House does not overstay its mandate. Overall, Article 83 plays a key role in defining how parliamentary democracy functions in India. It holds Parliament accountable to the people, allowing for regular elections and ensuring that representatives maintain a connection with their constituents. The provisions in this article help create a dynamic political environment where change can occur through elections, reflecting the will of the people while maintaining legislative continuity through the Rajya Sabha. Thus, this article is foundational in shaping the democratic framework of India.

Historical Context

Article 83 was adopted during the drafting of the Constitution in 1950. The Constituent Assembly debated the structure and functioning of Parliament extensively. Members emphasized the importance of having a stable legislature, which led to the decision that the Rajya Sabha should not be dissolved entirely. Instead, the staggered retirement of one-third of its members every two years was established to ensure continuity. This article has remained unchanged since its inception, reflecting its importance in Indian governance. Major Supreme Court cases, such as Kihoto Hollohan, have reinforced the principles laid down in Article 83, ensuring that the democratic process is upheld.

Key Features

– Rajya Sabha members retire every two years, ensuring legislative continuity.
– Lok Sabha has a fixed duration of five years, unless dissolved earlier.
– Parliament can extend Lok Sabha’s term during a declared state of emergency.
– Article 83 mandates regular elections to uphold democratic accountability.
– It balances legislative stability with the need for public representation.

Importance & Impact

– Regular elections ensure that representatives remain accountable to the public they serve.
– Staggered retirement of Rajya Sabha members allows for a blend of experience and freshness.
– The emergency provision allows Parliament to maintain governance during national crises.
– Fixed terms for Lok Sabha ensure stability and prevent arbitrary dissolution of the House.
– Article 83 promotes a responsive legislative framework that adapts to changing public needs.

Sample UPSC Question

Consider the following statements about Article 83 of the Constitution: 1. Rajya Sabha is a permanent House not subject to dissolution. 2. Lok Sabha’s normal term is five years from the date of its first sitting after a general election. 3. Parliament can extend Lok Sabha’s term by one year at a time during a national emergency. 4. The term of Lok Sabha can be extended for any period without restriction during an emergency. Which statements are correct? a) 1 and 2 only b) 1, 2 and 3 only c) 2 and 4 only d) 1, 3 and 4 only

Answer

The correct answer is B) 2 and 3 only. The Rajya Sabha is unique as it is never dissolved completely; instead, one-third of its members retire every two years. The Lok Sabha can have its duration extended during emergencies to ensure governance continuity. Therefore, option A is incorrect, and options C and D include the wrong statement about the Rajya Sabha.

Key Takeaways

✓ Rajya Sabha operates with staggered retirements, ensuring legislative continuity.
✓ Lok Sabha elections occur every five years to maintain accountability.
✓ Emergency provisions allow for extensions of the Lok Sabha’s duration.
✓ Article 83 maintains a balance between stability and democratic representation.
✓ Regular elections reflect the changing will of the citizens effectively.

FAQs

When the Lok Sabha dissolves before the end of its five-year term, general elections must be held. This allows citizens to elect new representatives, ensuring that they have a voice in government. Such dissolution can happen due to a vote of no confidence or the Prime Minister’s advice to the President, leading to elections to form a new House.

General elections for the Lok Sabha occur every five years, ensuring the public can regularly select their representatives. If the Lok Sabha is dissolved prematurely, the Election Commission will schedule elections at the earliest possible date. This regularity is key for maintaining democratic accountability and allows voters to express their preferences through the ballot.

It holds Parliament accountable to the people, allowing for regular elections and ensuring that representatives maintain a connection with their constituents. The provisions in this article help create a dynamic political environment where change can occur through elections, reflecting the will of the people while maintaining legislative continuity through the Rajya Sabha. Thus, this article is foundational in shaping the democratic framework of India.

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