Council of StatesState · West Bengal

Section 7 of The Bihar and West Bengal (Transfer of Territories) Act, 1956

In order that, as nearly as may be, one-third of the members of the Council of States may retire on the 2nd day of April, 1958, and on the expiration of every second year thereafter, the President shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under section 6.

Summary

The President of India determines how long the newly elected Rajya Sabha members will serve in their roles.
This provision specifically applies to members who are elected during the bye-elections required after the land transfer between Bihar and West Bengal.
The main goal is to maintain the regular cycle where about one-third of the members retire every two years.
The law sets April 2, 1958, as the first retirement date to align these new terms with the rest of the Council.
The President must talk to and consult with the Election Commission before issuing the official order for these terms.

Practical examples

1Mr. Chatterjee is elected to the Council of States in early 1957 to fill a vacancy created by the new seat allocations. To ensure he fits into the existing retirement rotation, the President consults the Election Commission and orders that Mr. Chatterjee's term will end on April 2, 1958, rather than lasting a full six years.

2After the territories move, a bye-election is held in Bihar for a vacant seat. Ms. Yadav wins the seat, and the President decides her term of office will expire in 1960 so that she retires exactly two years after the 1958 group, keeping the one-third retirement rule perfectly on track.

FAQ

1. Who has the final authority to set the terms for members under Section 7 of the Bihar and West Bengal (Transfer of Territories) Act, 1956?

The President of India has the authority to make the order regarding the terms of office under Section 7 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.

2. Why are terms of office specifically adjusted under Section 7 of this 1956 land transfer law?

Terms are adjusted so that one-third of the members can retire on April 2, 1958, and every two years after that, maintaining the standard rotation of the Council of States as required by Section 7 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.

3. Is the Election Commission involved in the process described in Section 7 of the Bihar and West Bengal Act?

Yes, Section 7 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, requires the President to consult with the Election Commission before making any provisions about the terms of office.

4. Does Section 7 apply to all members of Parliament?

No, Section 7 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, only applies to members of the Council of States (Rajya Sabha) who are elected under the bye-election rules of Section 6.

Test yourself

Q1.Which official body must the President consult before setting the terms for members under Section 7 of the Bihar and West Bengal (Transfer of Territories) Act, 1956?

Q2.Under Section 7 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, what is the specific retirement date that the President aims to satisfy?

Q3.If a member is elected via a bye-election mentioned in Section 6, which section of the Bihar and West Bengal (Transfer of Territories) Act, 1956, governs how long they stay in office?

Q4.What is the underlying reason for the President making an order under Section 7 of the Bihar and West Bengal (Transfer of Territories) Act, 1956?

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