Articles on 24 July 2025

Article 83 of the Constitution of India provides the duration of both the Houses of Parliament that is the Lok Sabha and the Rajya Sabha. It provides a five-year term to the Lok Sabha in order to ensure governance and the Rajya Sabha is a permanent body which does not have a fixed term. One-Third members of Rajya Sabha keep retiring every two years. In this article, we are going to discuss Article 83 of the constitution, its interpretations and significance. 

Article 83 of Indian Constitution Interpretation

Article 83 of the Indian Constitution states - “1)The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. 2)The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.”

Article 83 of the Constitution of India can be interpreted in the following manner: 

• According to Article 83, Rajya Sabha is a permanent body that has an indefinite tenure. 
• One-third members of the Rajya Sabha retire every two years in order to maintain continuity and stability in the legislative process. 
• The Lok Sabha on the other hand, has a defined tenure of five years and can also be dissolved earlier. 
• The tenure of Lok Sabha can be extended in the case of national emergency. In such cases, the tenure can be extended up to six months after the Proclamations ceased to operate. 

Article 83 of the Constitution of India Significance

Article 83 talks about the tenure of the Houses of Parliament, with the goal of providing stability, continuity, and democratic accountability in the functioning of the Lok Sabha and Rajya Sabha. Article 83 is important because: 

• The Rajya Sabha is declared as a permanent body not subject to dissolution, with one-third of its members retiring every two years, ensuring continuity in legislation.
• The Lok Sabha has a fixed term of five years, unless dissolved earlier, which provides a definite electoral cycle, ensuring democratic renewal.

Article 102 of the Constitution of India talks about the detailed outlines of governance of the country. The article provides the structure, powers and responsibilities of multiple governmental bodies. One of the most important provision of Article 102 is disqualification of membership, that is the members who are not eligible or unfit to hold office can be removed from the Parliament. 

Article 102 of the Constitution of India Interpretation

Article 102 of the Constitution states -“1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament - a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder b) if he is of unsound mind and stands so declared by a competent court c) if he is an undischarged insolvent d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State e) if he is so disqualified by or under any law made by Parliament. 2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.” 

Article 102 of the Constitution of India disqualifies an individual from being elected or becoming a member of either house of Parliament. The reasons include: 

• Individuals wanting to join the Parliament cannot hold an Office of Profit as this could lead to conflict of interest unless exempted by law.
• A person who is declared of unsound mind by a competent court is disqualified from becoming a part of the parliament. 
• People are declared insolvent and unable to pay back their debts. 
• People are not the citizens of India
• Parliament has the person to make laws related to additional disqualification 
• The political defections and disqualification of parliamentary members who switch parties is dealt by the Tenth Schedule of the Constitution. 

Article 102 of the Indian Constitution Significance

Article 102 defines the grounds for disqualification of Members of Parliament (MPs), thereby ensuring integrity, accountability, and ethical standards in the Indian legislative process. 

• It acts as a safeguard against corruption, conflict of interest, and dual allegiance, disqualifying MPs for reasons such as holding an office of profit under the government, being of unsound mind, insolvent, or not being a citizen of India. 
• It empowers Parliament to frame laws for further disqualification, which has led to enactments like the Representation of the People Act, 1951.
• This Article strengthens India’s democratic structure by upholding the principles of transparency and good governance in the functioning of Parliament.

 Article 201 comes under Part VI of the Constitution of India. The article covers the legislative process at the state level, especially related to the President's assent to bills reserved by the Governor for consideration. This principle helps maintain a system of checks and balances for both the centre and the state and maintain a balanced federal structure of India. In this article, we are going to cover all about article 201, its interpretation, provisions and significance. 

Article 201 of Indian Constitution Background

To protect the national interests and ensure constitutional alignment, the framers of the Constitution of India gave power to the President of India to overlook some state bills using Article 201. This article is applicable to legislation that affects the judiciary and wider national implications. 

Article 201 of Constitution of India Interpretation

Article 201 provides the process under which a state legislature passes a bill that is reserved by the Governor for the President’s consideration. Under such cases, the President can: 

• Give assent to the bill that becomes a law
• Withhold assent to the bill and it does not become a law
• Return the bill (Money bill cannot be returned)-  The President can return it with recommendations. The State Legislature must reconsider it within 6 months. If passed again (with or without changes), it is sent back for Presidential assent.

This provision ensures rigorous scrutiny of State laws that have broader constitutional or judicial consequences.

Article 201 Landmark Judgements 

Article 201 was considered for the following Legal Judgements: 

• Hoechst Pharmaceuticals Ltd. v. State of Bihar (1983) 

 The Supreme Court held that the Presidential assent cures repugnancy—a State law conflicting with Central law becomes valid once the President assents.

• Kohito Marak v. State of Meghalaya (2019)
  The Meghalaya High Court said that once a Bill is reserved for the President, his assent is very important for the Bill to become law.

Article 201 Importance

Article 201 has the following significance: 

• Protect Federal Balance – Makes sure that State laws do not override national interest.
  
• Keeps Judicial Independence Safe – Any law affecting High Court powers requires Presidential interference.
  
• Promotes Uniformity – Helps bring consistency in laws across States on issues of national importance.

Article 365 comes under Part XIX of the Constitution of India. The article plays an important role in defining Centre-State relations under the federal structure of India. It gives the power to the Union government to make sure that states follow the constitutional directives. In this article, we are going to cover Article 365, its constitutional interpretation and the important landmark cases associated with the article. 

Article 365 of the Constitution of India Interpretation 

Article 365 of the constitution of India talks about the consequences that one might have to face in case of a state failing to comply with the directives given by the Union government. It states that if a state does not follow the directions given by the Union, the President has the power to declare that the state government cannot function according to the Constitution. This neglect can lead to imposition of President Rule under Article 356. 

Article 365 of Indian Constitution Landmark Judgements

The Supreme Court has constantly helped in the interpretation and application of Article 365. The judgements have helped the Union to take charge and action whenever a state has failed to work on the lines of constitutional directions. These cases are:  

• S.R. Bommai v. Union of India (1994):
  A verdict where the Supreme Court ruled that the President’s satisfaction in proclaiming President’s Rule is subject to judicial review. This judgment placed constitutional checks on the misuse of Article 356 and provided Article 365 legal substance and safeguards.
• State of Rajasthan v. Union of India (1977):
  The Supreme Court upheld the Union’s power to issue directions under Article 256 and said that non-compliance by a state could trigger Article 365. It made everyone aware of the Centre’s ability to ensure constitutional governance.
• Rameshwar Prasad v. Union of India (2006):
  The premature dissolution of the Bihar State Assembly was declared unconstitutional, stating that Articles 365 and 356 must be invoked only on objective, verifiable grounds and not on presumptions or political motives.
• Kihoto Hollohan v. Zachillhu (1992):
  The anti-defection law addressed the constitutional processes that must guide legislative and executive actions and indirectly support the guidelines and aim behind Article 365.

Article 365 Significance 

Article 365 of the Constitution of India is important due to the following reason: 

• The article lays down a constitutional mechanism that helps in promoting cooperative federalism, while also allowing central intervention in certain circumstances. 
• Provides legal guidelines for action under Article 356. 
• Post S.R. Bommai case, the article became applicable under strictly regulated judicial oversight, making sure it is not misused for political convenience.
• Protects the integrity of the constitution and maintains state autonomy and national unity.

Article 140 comes under part V of the Constitution of India. The article acts like a legislative tool that empowers the Supreme Court by providing supplemental powers important for the effective exercise of its jurisdiction. The article helps the Supreme Court of India by providing the additional powers through the constitution. This aligns with the goal of the Supreme Court of India to act as a guardian and interpreter of the Constitution and uphold the rule of law and preserve the constitutional values. 

Article 140 of the Constitution of India Interpretation

Article 140 of the Indian Constitution provides Parliament the authority to improve the capabilities of Supreme Court by providing them with some additional powers that are:

• Supplemental in nature (does not alter or contradict the existing constitutional powers)
• Consistent with the Constitution
• Strengthen the efficiency of the Court in performing judicial functions
  

Article 140 of the constitution represents the flexibility that is embedded in the constitution of India. It acknowledges that while the Supreme Court’s core powers are constitutionally enshrined, many auxiliary functions need legislative support for better enforcement of justice.

Article 140 Significance

Article 140 of the Constitution of India has the following importance: 

1. Improve Judicial Functionality: It empowers the Court to perform its duties more efficiently, especially in complex constitutional matters.
   
2. Provides Constitutional Integrity: All additional powers must align with the existing provisions of the Constitution, ensuring checks and balances.
   
3. Parliamentary Oversight: It provides room for Parliamentary legislation to adapt judicial tools as per the need of the hour without infringing on judicial independence.
   
4. Supports Legal Adaptability: With emerging legal challenges like cyber law, privacy issues, and digital governance, supplemental powers can help the Court remain relevant and responsive.