What is duration of Legislative Council and Assembly?

Q.  Which of the following is/are true regarding duration of Legislative Council and Assembly?

1) The term of the assembly can be extended during the period of national emergency for six months at a time.
2) One-third members of legislative council retire every six years.

- Published on 07 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Neither 1 nor 2
    Duration of Assembly -

  • Legislative Assembly is not a continuing chamber.

  • Its normal term is five years from the date of its first meeting after the general elections.

  • The expiration of the period of five years leads to automatic dissolution of the assembly.

  • However, the Governor is authorized to dissolve the assembly at any time (i.e., even before the completion of five years) to give way for fresh elections.

  • Further, the term of the assembly can be extended during the period of national emergency by a law of Parliament for one year at a time (for any length of time).

  • However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

  • This means that the assembly should be re-elected within six months after the revocation of emergency.

  • Duration of Council -

  • Like the Rajya Sabha, the Legislative Council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution.

  • But, one-third of its members retire on the expiration of every second year.

  • So, a member continues as such for six years.

  • The vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year.

  • The retiring members are also eligible for re-election and re-nomination any number of times.

Post your comment / Share knowledge

Enter the code shown above:
(Note: If you cannot read the numbers in the above image, reload the page to generate a new one.)