Constitution of India · Part V: The Union · General
Article 83: Duration of Houses of Parliament
In plain words
The Council of States is never dissolved. About one-third of its members retire every second year. The House of the People lasts five years from its first meeting unless dissolved sooner.
- During an Emergency, Parliament can extend the House's term by up to one year at a time, but not beyond six months after the Emergency ends.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) The Council of States 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.
(2) The House of the People, 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 a 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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 83
- Ramdas Athawale v. Union of India and Ors.
- Raja Ram Pal v. The Honble Speaker, Lok Sabha & Ors.
- Special Reference No. I of 2002 v. .
- Baburao Alias P.B. Samant v. Union of India and Ors.
- Bhagwati Prasad Dixit 'Ghorewala' v. Rajeev Gandhi
- Minerva Mills Ltd. & Ors v. Union of India & Ors.
- Special Reference No. 1 of 1974 v. Special Reference No. 1 of 1974