Should legislatures in India have fixed tenures?
- December 20, 2024
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
Should legislatures in India have fixed tenures?
Sub : Polity
Sec: Legislature
Context:
- The Constitution (One Hundred Twenty-Ninth Amendment) Bill, 2024 was introduced in the Lok Sabha recently.
Key aspects of the Bill:
- The bill proposes fixed five-year terms for the Lok Sabha and State Assemblies, with elections synchronized to this cycle.
- If a legislature is dissolved before completing its term, mid-term elections would only be held for the remainder of the term.
Tenure of Lok Sabha:
- Article 83(1) states that the Lok Sabha has a term of five years from the date of its first meeting unless dissolved earlier.
- The Lok Sabha can be dissolved by the President before the completion of its full term, in which case a new election is held.
- The newly elected Lok Sabha does indeed stay for a full five-year term and not just for the remainder of the term.
- In certain circumstances, such as during a national emergency, the tenure of the Lok Sabha can be extended for a maximum period of one year at a time, beyond the five-year term.
- However, the total extension period cannot exceed one year after the emergency is lifted.
Tenure of Legislative Assemblies:
- Like the Lok Sabha, the State Legislative Assemblies also have a five-year term from the date of their first meeting, as per Article 172(1).
- A State Legislative Assembly can be dissolved by the Governor of the respective state before the end of its term, in the same way the Lok Sabha can be dissolved by the President.
- A fresh election is then held. The newly elected assembly gets a full five-year term and not just for the remainder of the term.
- In the case of a national emergency, the tenure of a State Legislative Assembly can also be extended by one year at a time by the Governor. However, the total extension period cannot exceed one year after the emergency is lifted.
Flexibility of tenure:
- The Constitution allows for flexibility by permitting the dissolution of the legislature before the expiry of the fixed term.
- Both the Lok Sabha and State Legislative Assemblies can be dissolved before the completion of their tenure if the respective governments lose their majority or political instability arises.