Article 83 is a constitutional provision in the Constitution of India that prescribes the duration of the two Houses of Parliament: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). It originated from Draft Article 68, which was debated on May 18, 1949, to establish a framework for both stability and democratic accountability in the legislature.
The provision works by establishing distinct tenures for the two Houses. Article 83(1) declares that the Council of States (Rajya Sabha) is a permanent body and is not subject to dissolution. Its continuity is maintained by stipulating that as nearly as possible, one-third of its members shall retire upon the expiration of every second year. This retirement process is regulated by Parliament through law, connecting it to statutes like the Representation of the People Act.
In contrast, Article 83(2) sets the term for the House of the People (Lok Sabha) at five years from the date appointed for its first meeting, after which the House automatically stands dissolved. This fixed term ensures periodic renewal and democratic accountability. The article connects to the Proclamation of Emergency under Article 352, as it allows the Lok Sabha's term to be extended by Parliament by law for a period not exceeding one year at a time. The extension cannot continue beyond six months after the Proclamation of Emergency ceases to operate.
The provision has been subject to amendment. The term of the Lok Sabha was temporarily extended from five years to six years by the Constitution (Forty-Second Amendment) Act, 1976, but the original five-year term was restored by the Constitution (Forty-Fourth Amendment) Act, 1978.