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UPSC Dictionary

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The Cabinet Mission Plan (1946) proposed a three-tier federal structure and laid the groundwork for the Constituent Assembly.

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UPSC Dictionary

Article 83(2)

Article 83(2) is a key provision of the Constitution of India that defines the normal duration of the House of the People (Lok Sabha). The provision, which is part of Article 83 concerning the "Duration of Houses of Parliament," was debated as Draft Article 68 on May 18, 1949, and adopted with minor amendments. It was created to ensure a fixed electoral cycle and democratic accountability for the directly elected lower house of Parliament, contrasting with the permanent nature of the Council of States (Rajya Sabha) defined in Article 83(1).

The provision mandates that the Lok Sabha, unless it is dissolved sooner, shall continue for five years from the date appointed for its first meeting, and no longer. The expiration of this five-year period automatically operates as a dissolution of the House. A crucial mechanism is the Proviso to Article 83(2), which allows the duration to be extended by Parliament by law while a Proclamation of Emergency is in operation. This extension cannot exceed one year at a time and must not extend beyond a period of six months after the Proclamation of Emergency has ceased to operate.

This provision connects directly to Article 172(1), which sets a similar five-year tenure for State Legislative Assemblies. The concept of a fixed term for the Lok Sabha was temporarily changed by the Constitution (Forty-Second Amendment) Act, 1976, which extended the term from five to six years during the 1975-77 National Emergency. However, this change was reversed by the Constitution (Forty-Fourth Amendment) Act, 1978, which restored the original five-year term, demonstrating the constitutional importance of the fixed duration. Article 83(2) is currently a central point of discussion regarding proposed constitutional amendments for implementing simultaneous elections.

References

  • ecourtsindia.com
  • constitutionofindia.net
  • vajiramandravi.com
  • quora.com
  • rauias.com
  • indiankanoon.org
  • lexibal.com
  • tribuneindia.com
  • manoramayearbook.in
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