Question

Consider the following statements:

1. The term of the state legislative assembly can be extended during the period of national emergency by a law of Parliament for one year at a time but only for a maximum of 3 years.

2. The governor is authorised to dissolve the state legislative assembly at any time even before the completion of five years.

3. The state legislative council is not subject to dissolution.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 3 only
4. 1, 2 and 3

Answer 1

Correct Answer - Option 2 : 2 and 3 only

The correct answer is 2 and 3 only.

Duration of Assembly

• As the Lok Sabha, the 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 operates as automatic dissolution of the assembly.
  • However, the governor is authorised to dissolve the assembly at any time (i.e., even before the completion of five years) to pave the way for fresh elections. Hence, statement 2 is correct.
• 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). Hence, statement 1 is NOT correct.
  • 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 the emergency.

Duration of Council

• As the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. Hence, statement 3 is correct. 
  • 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.

There is a difference between abolition and dissolution of the State Legislative Council.

• The legislative council, being a permanent house, is not subject to dissolution. Only the legislative assembly is subject to dissolution.
• The state legislature can pass a resolution requesting the Parliament for the creation or abolition of the legislative council in the state. Based on the resolution, the Parliament makes an act for amending the Constitution to that effect.