Introduction

The Indian Constitution, adopted on 26th November 1949, is the supreme law of the land that governs the functioning of the country. It lays down the framework for the organization, powers, and responsibilities of the government institutions. One important aspect of the Indian Constitution is Article 83, which deals with the duration of the Houses of Parliament. This article sets the guidelines for the term of the Lok Sabha and the Rajya Sabha, the two houses that constitute the Indian Parliament.

Article 83: Duration of the Lok Sabha

Article 83(1) of the Indian Constitution states that the Lok Sabha, the lower house of the Parliament, shall continue for a term of five years from the date of its first meeting, unless dissolved earlier. This means that the Lok Sabha, once constituted, will remain in power for a period of five years, unless dissolved by the President of India before the completion of its term. However, there are certain circumstances under which the Lok Sabha can be dissolved before the completion of its term. According to Article 83(2), if the President is satisfied that a situation has arisen in which the government cannot be carried on in accordance with the provisions of the Constitution, he or she may dissolve the Lok Sabha. This situation usually arises when a government loses the majority support in the house or fails to pass a crucial legislation. In addition to this, Article 83(3) states that if a proclamation of emergency is in operation, the term of the Lok Sabha may be extended by Parliament for a period not exceeding one year at a time. This provision ensures that the Lok Sabha can continue to function effectively during times of national emergency.

Article 83: Duration of the Rajya Sabha

Article 83(4) of the Indian Constitution deals with the duration of the Rajya Sabha, the upper house of the Parliament. Unlike the Lok Sabha, the Rajya Sabha is a permanent body and is not subject to dissolution. One-third of its members retire every two years, and new members are elected or nominated to fill the vacant seats. The Rajya Sabha is a continuous body, and the retirement of members and the election or nomination of new members ensure its continuity. This allows for the preservation of institutional memory and ensures that the Rajya Sabha can provide stability and expertise in the legislative process.

Importance of Fixed Terms

The fixed terms of the Lok Sabha and the Rajya Sabha, as outlined in Article 83, are crucial for the functioning of the Indian Parliament. These fixed terms provide stability and continuity to the legislative process, allowing the government to plan and implement policies without the fear of premature dissolution. The five-year term of the Lok Sabha ensures that the government has sufficient time to fulfill its agenda and implement its policies. It also provides an opportunity for the government to be held accountable for its actions and decisions. The fixed term allows the government to focus on long-term planning and development, as it does not have to constantly worry about re-election. Similarly, the permanent nature of the Rajya Sabha ensures that the upper house can provide a check on the hasty decisions of the lower house. The Rajya Sabha, being a continuous body, can provide a more deliberative and reflective approach to legislation. It allows for a more comprehensive examination of bills and ensures that the interests of the states and various sections of society are adequately represented.

Conclusion

Article 83 of the Indian Constitution plays a crucial role in determining the duration of the Houses of Parliament in India. It ensures that the Lok Sabha can function for a fixed term of five years, providing stability and continuity to the government. The Rajya Sabha, on the other hand, is a permanent body, with one-third of its members retiring every two years. These provisions ensure that the Indian Parliament can effectively carry out its legislative functions and provide a platform for democratic decision-making. The fixed terms of the Houses of Parliament are essential for the smooth functioning of the Indian democracy and the governance of the nation.