The Constitution of India
Article 172
Duration of State Legislatures
(1) Every Legislative Assembly of every State, 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 1 [five years] shall operate as a dissolution of the Assembly: 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.
(2) The Legislative Council of a State 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.
Why this exists
The framers wanted a fixed, predictable term for directly elected State Assemblies to ensure regular elections and accountability, while allowing flexibility during national emergencies when holding elections might be impractical or unsafe. The Legislative Council, being a smaller, indirectly elected upper house in some states, was designed as a continuing body (like the Rajya Sabha) with staggered retirements to maintain institutional continuity and experience, rather than facing wholesale dissolution.
Common misconceptions
- Myth: The five-year term extension during an Emergency can go on forever.
Fact: The Constitution caps any extension at one year at a time and no more than six months after the Emergency ends, preventing indefinite postponement of elections. - Myth: The Legislative Council can also be dissolved like the Assembly.
Fact: Article 172(2) specifically states the Legislative Council is not subject to dissolution; it continues with periodic partial retirements instead.