Article 83 of the Constitution of India deals with the duration of the Houses of Parliament. It specifies the constitutional position regarding the term of the Rajya Sabha and Lok Sabha, including the permanent nature of Rajya Sabha and the normal five-year term of Lok Sabha.
- Meaning of Article 83
- Duration of Rajya Sabha
- Retirement of Rajya Sabha Members
- Why Is Rajya Sabha a Permanent House?
- Duration of Lok Sabha
- Dissolution of Lok Sabha
- Extension During National Emergency
- Conditions for Extension
- Example of Emergency Extension
- Article 83 and the 1975–77 Emergency
- Rajya Sabha vs Lok Sabha
- Article 83 and Article 79
- Article 83 and Article 80
- Article 83 and Article 81
- Article 83 and Article 85
- Permanent House vs Permanent Membership
- Can Lok Sabha Be Dissolved Before Five Years?
- Can Rajya Sabha Be Dissolved?
- Importance of Article 83
- Article 83 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
Meaning of Article 83
Article 83 provides different rules for the duration of the two Houses of Parliament:
- Rajya Sabha is a permanent House and is not subject to dissolution.
- Lok Sabha normally continues for five years from the date appointed for its first meeting, unless dissolved earlier.
The Article therefore establishes an important distinction between India’s two Houses.
Duration of Rajya Sabha
Article 83(1) provides that the Council of States (Rajya Sabha) shall not be subject to dissolution.
This means Rajya Sabha is a permanent House.
However, being permanent does not mean that individual members remain in office permanently.
The term of individual Rajya Sabha members is governed by the constitutional framework under which members normally serve for six years.
Retirement of Rajya Sabha Members
Approximately one-third of Rajya Sabha members retire every second year.
This ensures continuity in the functioning of the House.
For example, unlike Lok Sabha, where the entire House normally faces elections together after dissolution, Rajya Sabha continues functioning while different groups of members complete their terms and are replaced.
Why Is Rajya Sabha a Permanent House?
The permanent nature of Rajya Sabha provides continuity and stability to the Union Legislature.
Even if Lok Sabha is dissolved, Rajya Sabha continues to exist.
This is particularly significant because Rajya Sabha represents the States and provides an element of continuity within the parliamentary system.
Duration of Lok Sabha
Article 83(2) provides that the House of the People (Lok Sabha) shall, unless sooner dissolved, continue for five years from the date appointed for its first meeting.
After this period, the House ordinarily comes to an end.
Therefore:
Normal term of Lok Sabha = 5 years
The five-year period is calculated from the date appointed for the first meeting of the House, not simply from the date of the general election.
Dissolution of Lok Sabha
Lok Sabha may be dissolved before the completion of five years.
Once dissolved, the House ceases to exist as a functioning House, and a new Lok Sabha is constituted following elections.
The President formally dissolves the Lok Sabha under the constitutional framework governing parliamentary government.
Extension During National Emergency
Article 83(2) contains a special provision allowing the term of Lok Sabha to be extended during a Proclamation of Emergency under Article 352.
Parliament may extend the term of Lok Sabha for a period not exceeding one year at a time.
However, such an extension cannot continue beyond six months after the Proclamation of Emergency has ceased to operate.
This is an exceptional constitutional power.
Conditions for Extension
The extension of Lok Sabha’s term requires:
- A Proclamation of Emergency under Article 352 to be in operation;
- Parliament to extend the term by law;
- Each extension to be for a period not exceeding one year at a time; and
- The extended term cannot continue beyond six months after the Emergency ceases to operate.
Example of Emergency Extension
Suppose a National Emergency is in force when the five-year term of Lok Sabha is about to expire.
Parliament may extend the term by law for up to one year at a time.
However, once the Emergency ends, the extension cannot continue indefinitely. The Constitution requires that the election to constitute a new Lok Sabha must take place within the prescribed period.
Article 83 and the 1975–77 Emergency
The emergency provisions of Article 83 are particularly significant in India’s constitutional history.
During the National Emergency declared in 1975, the term of the Fifth Lok Sabha was extended beyond its normal five-year period.
This demonstrates why Article 83’s emergency provision is an important constitutional exception to the normal five-year term.
Rajya Sabha vs Lok Sabha
| Rajya Sabha | Lok Sabha |
|---|---|
| Permanent House | Not a permanent House |
| Cannot be dissolved | Can be dissolved |
| One-third members retire every two years | Entire House normally faces elections after dissolution |
| Individual member’s term is generally 6 years | House’s normal duration is 5 years |
| Provides continuity | Directly elected House |
| Council of States | House of the People |
Article 83 and Article 79
Article 79 establishes Parliament as consisting of:
- President;
- Rajya Sabha; and
- Lok Sabha.
Article 83 then specifies the duration of the two Houses.
Therefore:
Article 79 → Constitution of Parliament
Article 83 → Duration of Houses
Article 83 and Article 80
Article 80 deals with the composition of Rajya Sabha.
Article 83 deals with the duration of Rajya Sabha and Lok Sabha.
The two provisions should therefore be distinguished:
Article 80 → Who constitutes Rajya Sabha
Article 83 → How long the Houses continue
Article 83 and Article 81
Article 81 deals with the composition of Lok Sabha.
Article 83 deals with its duration.
Thus:
Article 81 → Composition of Lok Sabha
Article 83 → Duration of Lok Sabha
Article 83 and Article 85
Article 85 deals with:
- Sessions of Parliament;
- Summoning Parliament;
- Prorogation; and
- Dissolution of Lok Sabha.
Article 83, on the other hand, establishes the normal constitutional duration of the Houses.
Permanent House vs Permanent Membership
A common misconception is that because Rajya Sabha is a permanent House, its members have permanent membership.
This is incorrect.
Rajya Sabha is permanent; individual Rajya Sabha membership is not.
Members generally serve a six-year term, with approximately one-third retiring every two years.
Can Lok Sabha Be Dissolved Before Five Years?
Yes.
The five-year period is the normal maximum duration, unless the House is dissolved earlier.
Therefore:
Five years = normal constitutional duration
Earlier dissolution = possible
Can Rajya Sabha Be Dissolved?
No.
Article 83(1) expressly provides that the Council of States shall not be subject to dissolution.
This is one of the fundamental distinctions between the two Houses.
Importance of Article 83
1. Ensures Continuity
The permanent nature of Rajya Sabha ensures that one House of Parliament continues even when Lok Sabha is dissolved.
2. Provides Electoral Period
It establishes the normal five-year duration of Lok Sabha.
3. Provides Emergency Flexibility
It permits Parliament to extend the Lok Sabha’s term during a National Emergency, subject to constitutional limitations.
4. Distinguishes the Two Houses
It clearly establishes different duration rules for Rajya Sabha and Lok Sabha.
5. Supports Constitutional Stability
The staggered retirement of Rajya Sabha members ensures institutional continuity.
Article 83 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 83 |
| Subject | Duration of Houses of Parliament |
| Rajya Sabha | Permanent House |
| Rajya Sabha dissolution | Not subject to dissolution |
| Rajya Sabha member term | Generally 6 years |
| Retirement | About one-third every 2 years |
| Lok Sabha normal term | 5 years |
| Lok Sabha dissolution | Can occur before 5 years |
| Emergency extension | Up to 1 year at a time |
| Post-Emergency limit | Not beyond 6 months after Emergency ends |
| Related Article | Article 85 |
Common Confusions
Is Rajya Sabha a Permanent House?
Yes.
It is not subject to dissolution.
Do Rajya Sabha Members Have Permanent Tenure?
No.
Individual members generally serve for six years, with one-third retiring every two years.
What Is the Normal Term of Lok Sabha?
Five years from the date appointed for its first meeting.
Can Lok Sabha’s Term Be Extended?
Yes, during a National Emergency, Parliament may extend it for up to one year at a time, subject to the constitutional limit after the Emergency ends.
Can Rajya Sabha Be Dissolved During an Emergency?
No.
Its permanent status does not change because of a National Emergency.
Does Lok Sabha Always Complete Five Years?
No.
It can be dissolved earlier.
Quick Revision
- Article 83 → Duration of Houses of Parliament.
- Rajya Sabha is a permanent House.
- Rajya Sabha cannot be dissolved.
- Approximately one-third of Rajya Sabha members retire every two years.
- Individual Rajya Sabha members generally have a six-year term.
- Lok Sabha normally continues for five years from the date appointed for its first meeting.
- Lok Sabha may be dissolved before five years.
- During a National Emergency, Parliament may extend Lok Sabha’s term by up to one year at a time.
- The extension cannot continue beyond six months after the Emergency ceases.
- Article 79 → Constitution of Parliament.
- Article 80 → Composition of Rajya Sabha.
- Article 81 → Composition of Lok Sabha.
- Article 85 → Sessions, prorogation and dissolution of Parliament.
Conclusion
Article 83 establishes the constitutional rules governing the duration of India’s two Houses of Parliament. Rajya Sabha is a permanent House that cannot be dissolved, while Lok Sabha normally has a five-year term and may be dissolved earlier.
The Constitution also provides an exceptional mechanism for extending the term of Lok Sabha during a National Emergency, subject to strict limits.
The key point to remember is:
Article 83 → Rajya Sabha is a permanent House, while Lok Sabha normally has a five-year term and may be extended during a National Emergency subject to constitutional limitations.
