Article 172 is a provision in the Constitution of India that defines the duration and continuity of the State Legislatures. This article was adopted on June 2, 1949, as Draft Article 151, to establish a fixed democratic cycle for state governments and ensure legislative stability.
The article works by setting the normal term for the Legislative Assembly (Vidhan Sabha) at five years from the date of its first meeting, after which it automatically stands dissolved. This is specified in Article 172(1). A key provision allows this five-year period to be extended by Parliament by law for a period not exceeding one year at a time while a Proclamation of Emergency under Article 352 is in operation. The extension cannot continue beyond six months after the Emergency has ceased to operate.
For the Legislative Council (Vidhan Parishad), Article 172(2) establishes it as a permanent body that is not subject to dissolution. Instead, as nearly as possible, one-third of its members retire upon the expiration of every second year, a mechanism that mirrors the structure of the Rajya Sabha at the national level.
Article 172 is closely connected to Article 83, which governs the duration of the Houses of Parliament, and the emergency provisions under Article 352. The article has seen temporary changes: the 42nd Amendment Act, 1976, extended the term of the Legislative Assemblies from five to six years, but the 44th Amendment Act, 1978, restored the original five-year term. More recently, the concept of "simultaneous elections" has led to proposals to amend Article 172(1) to allow elections for a dissolved Assembly to be held only for the remaining term of the previous Assembly.