Consider the following statements: 1. The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. 2. The President is authorised to dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in a court of law. Which of the statements given above is/are not correct?

Consider the following statements: 1. The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. 2. The President is authorised to dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in a court of law. Which of the statements given above is/are not correct? Correct Answer Neither 1 nor 2

The correct answer is Neither 1 nor 2.

Important Points

• Duration of Rajya Sabha
  • ​The Rajya Sabha (first constituted in 1952) is a continuing chamber, that is, it is a permanent body and not subject to dissolution.
  • However, one-third of its members retire every second year.
  • Their seats are filled up by fresh elections and presidential nominations at the beginning of every third year.
  • The retiring members are eligible for re-election and renomination any number of times.
  • The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. Hence, statement 1 is correct.
    • Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years.
    • The act also empowered the president of India to curtail the term of members chosen in the first Rajya Sabha.
• Duration of Lok Sabha
  • ​Unlike the Rajya Sabha, the Lok Sabha is not a continuing chamber.
  • Its normal term is five years from the date of its first meeting after the general elections, after which it automatically dissolves.
  • However, the President is authorized to dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in a court of law. Hence, statement 2 is correct.
  • Further, the term of the Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time.
    • However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

Additional Information

• The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president.
  • At present, the Rajya Sabha has 245 members. Of these, 229 members represent the states, 4 members represent the union territories and 12 members are nominated by the president.
• The maximum strength of the Lok Sabha is fixed at 550. Out of this, 530 members are to be the representatives of the states, 20 members are to be the representatives of the union territories.
  • At present, the Lok Sabha has 545 members. Of these, 530 members represent the states, 13 members represent the union territories.
• 104^th constitutional amendment Act removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies.