Article 172 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 172 of the Constitution of India along with important case law:
🇮🇳 Article 172 – Duration of State Legislatures
🔹 Text of Article 172(1):
"Every Legislative Assembly of every State, 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 shall operate as a dissolution of the Assembly:
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."
🔹 Clause (2):
The Legislative Council of a State shall not be subject to dissolution, but one-third of its members shall retire every second year, as provided by law.
🔍 Explanation:
✅ Key Points:
| Feature | Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) |
|---|---|---|
| Term Duration | 5 years from first sitting | Permanent body |
| Dissolution | Automatic at end of 5 years or earlier | Does not dissolve |
| Extension of Term | Possible only during Emergency | Not applicable |
| Rotation | Not applicable | 1/3rd retire every 2 years |
⚖️ Important Case Laws:
1. 🔸 Kehar Singh v. State (Delhi Administration) (1988)
Citation: AIR 1988 SC 1883
Relevance: Although not directly on Article 172, it reiterated that democratic governance must be preserved, and legislative terms should not be extended unless explicitly allowed by the Constitution (like under Article 172 during Emergency).
2. 🔸 A.S. Krishna v. State of Madras (1957)
Citation: AIR 1957 SC 297
Relevance: Highlighted the bicameral structure and roles of Legislative Assembly and Legislative Council under Articles including Article 172(2).
3. 🔸 Election Commission of India v. State of Haryana (1984)
Citation: AIR 1984 SC 1406
Summary:
The Supreme Court held that elections must be held before the expiry of the 5-year term of the Assembly as provided under Article 172.
If not, President's Rule may be imposed under Article 356.
Reaffirmed that timely elections are essential to uphold democracy.
4. 🔸 Special Reference No. 1 of 2002 (Gujarat Assembly Dissolution Case)
Citation: (2002) 8 SCC 237
Facts: After the Gujarat Assembly was dissolved, the Election Commission delayed elections.
Held: The SC emphasized that elections should be held within 6 months of dissolution (per Representation of People Act + Article 172).
📌 Summary Table:
| Feature | Details |
|---|---|
| Article Number | 172 |
| Governs | Duration of State Legislatures (Assembly & Council) |
| Assembly Duration | 5 years (unless dissolved earlier) |
| Emergency Provision | Extendable by 1 year at a time, up to 6 months post-emergency |
| Council Duration | Permanent; 1/3rd members retire every 2 years |
| Key Principle | Ensures fixed-term governance and timely elections |
🧠 Conclusion:
Article 172 ensures that democratic representation in State Legislatures is time-bound, with provisions for extension only during national emergencies. It plays a crucial role in maintaining the periodicity of elections, a key component of democratic governance.
RELATED Blog
0 comments