Article 83 of CoI : Article 83: Duration of Houses of Parliament.

Explanation using Example

Example 1:

Scenario: Regular Retirement of Members of the Council of States

Situation: Rajesh is a member of the Council of States (Rajya Sabha). He was elected in 2020. According to Article 83(1), the Council of States is a permanent body and is not subject to dissolution. However, one-third of its members retire every two years.

Application: In 2022, Rajesh's term is up for retirement as part of the one-third members who need to retire. New elections are held to fill the seats of the retiring members. Rajesh can choose to run for re-election or retire from his position.

Outcome: Rajesh decides to run for re-election and wins. He continues to serve as a member of the Council of States for another term.

Example 2:

Scenario: Dissolution of the House of the People during an Emergency

Situation: The House of the People (Lok Sabha) was elected in 2019. According to Article 83(2), the House of the People has a term of five years unless it is dissolved sooner. In 2024, a national emergency is declared due to a severe natural disaster.

Application: During the emergency, the Parliament decides to extend the term of the House of the People by one year, as allowed under the proviso of Article 83(2). This extension is done through a law passed by the Parliament.

Outcome: The term of the House of the People is extended until 2025. After the emergency is lifted, the term can be extended for another six months if necessary, but no further extensions are allowed beyond this period. The House of the People is dissolved in 2025, and new elections are held.

Example 3:

Scenario: Regular Dissolution of the House of the People

Situation: The House of the People (Lok Sabha) was elected in 2014. According to Article 83(2), the House of the People has a term of five years.

Application: In 2019, the five-year term of the House of the People comes to an end. As per the Constitution, the House is automatically dissolved at the end of this period.

Outcome: The House of the People is dissolved in 2019, and general elections are held to elect new members. The newly elected House of the People meets for the first time, starting a new five-year term.

Example 4:

Scenario: Early Dissolution of the House of the People

Situation: The House of the People (Lok Sabha) was elected in 2018. Due to political instability and the inability to form a stable government, the Prime Minister advises the President to dissolve the House in 2020.

Application: The President, acting on the advice of the Prime Minister, dissolves the House of the People before the completion of its five-year term.

Outcome: The House of the People is dissolved in 2020, and new elections are held to elect a new House. The newly elected House of the People meets for the first time, starting a new five-year term.