Article 83
Why it Matters?
The Law Ministry rejected the Election Commission’s request for a presidential order to stagger terms of four vacant Rajya Sabha seats from J&K, citing no legal provision.
What You Should Know?
J&K has 4 Rajya Sabha seats, all vacant since Feb 2021.
Their terms ended when the UT was under President’s Rule.
Now, all seats have concurrent terms, violating the usual practice of one-third retiring every two years (as per Article 83).
J&K will lack Rajya Sabha representation in upcoming key elections.
Article 83: Duration of Houses of Parliament
Lok Sabha (House of the People):
The normal term of the Lok Sabha is five years from the date of its first sitting.
During a Proclamation of Emergency (Article 352), the term of the Lok Sabha may be extended by one year at a time, but not beyond six months after the Emergency ends.
Rajya Sabha (Council of States):
The Rajya Sabha is a permanent body and is not subject to dissolution.
However, one-third of its members retire every two years.
Each Rajya Sabha member has a six-year tenure.