Article 83 of the Costitution of India with Case law
Article 83 of the Constitution of India
Title: Duration of Houses of Parliament
Text of Article 83:
83(1): The Council of States (Rajya Sabha) shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.
83(2): The House of the People (Lok Sabha), 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 of five years shall operate as the dissolution of the House:
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.
Explanation:
Article 83 deals with the tenure and dissolution of the Houses of Parliament—Lok Sabha (House of the People) and Rajya Sabha (Council of States).
Key Points:
Rajya Sabha is a permanent body and not subject to dissolution. However, one-third of its members retire every two years (biennial retirement).
Lok Sabha has a fixed term of 5 years from its first sitting, unless dissolved earlier.
In Emergency (as per Article 352), the term of Lok Sabha can be extended by 1 year at a time, but not beyond 6 months after the emergency ends.
Important Case Laws on Article 83:
1. Special Reference No. 1 of 1974, In re (1974 AIR 1682)
Relevance: Clarified the power of Parliament during Emergency.
Held: Under Article 83(2), Parliament has the power to extend the life of the Lok Sabha during Emergency, but only within the strict limits prescribed (1 year at a time, not beyond 6 months after Emergency ends).
2. Indira Nehru Gandhi v. Raj Narain (1975 AIR 2299)
Relevance: Examined constitutional limits and democratic principles during the Emergency.
Though primarily about electoral validity, the context of Emergency powers, including extension of Lok Sabha tenure, was discussed.
Reinforced that Article 83(2)’s extension clause is not unlimited and must be read in light of democracy and basic structure doctrine.
3. Kehar Singh v. Union of India (1989 AIR 653)
Relevance: Highlighted the role of Parliamentary procedures, including duration and functioning of Houses.
Though focused on pardon powers, the case discussed the importance of legislative continuity and rules of Parliament derived from constitutional provisions like Article 83.
Conclusion:
Rajya Sabha is a continuous body with rotational membership.
Lok Sabha functions for five years, but may be dissolved earlier or extended in extraordinary situations like national emergency.
Article 83 ensures democratic stability by prescribing a constitutional lifespan for the legislature.
Judicial scrutiny ensures that any extension of Lok Sabha is exercised within the constitutional limits and doesn’t compromise democracy.
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