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.