The Legislative AssembliesState · Maharashtra

Section 16 of The Bombay Reorganisation Act, 1960

The period of five years referred to in clause (1) of article 172 of the Constitution shall, in the case of the Legislative Assembly of Maharashtra or Gujarat, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of Bombay.

Summary

This law sets the time limit for how long the newly formed state assemblies can stay in power.
It links the assembly duration to the five year rule found in Article 172 of the Constitution.
The five year countdown for the Maharashtra and Gujarat assemblies does not start over when the states are created.
The clock is treated as having started on the same day the original Bombay Legislative Assembly began its term.
This ensures that moving to a new state does not give politicians extra time in office beyond the standard five years.

Practical examples

1The original Bombay Assembly started its term on May 10, 1957. When the states split on May 1, 1960, the Gujarat Assembly does not get a new five year term. Instead, its term is still scheduled to end in May 1962.

2Anuj is a member of the new Maharashtra Assembly. He wonders if he can stay in office until 1965 because the state was just born, but Section 16 requires him to count his five years from the 1957 start date of the old Bombay house.

FAQ

1. How long does the Gujarat Legislative Assembly last under The Bombay Reorganisation Act, 1960?

According to Section 16 of the Act, it follows the five year limit set by the Constitution, counting from the date the old Bombay Assembly term began.

2. Does the five year term for Maharashtra start on the day the state is formed?

No, Section 16 of the Bombay Reorganisation law states the term is deemed to have started when the original Bombay Legislative Assembly term actually commenced.

3. Which article of the Constitution is mentioned in Section 16 regarding assembly duration?

Section 16 refers to clause (1) of article 172 of the Constitution, which establishes the five year period for state assemblies.

4. Why does Section 16 exist in the 1960 Act?

It exists to maintain continuity in the legislative cycle so that the reorganisation of Bombay into two states does not disrupt the existing electoral timeline.

Test yourself

Q1.Under Section 16 of The Bombay Reorganisation Act, 1960, when does the five year term for the Maharashtra Assembly officially begin?

Q2.According to Section 16 of the 1960 Act, which constitutional limit applies to the new assemblies?

Q3.If the Bombay Assembly term started in 1958, when would the Gujarat Assembly term end under Section 16 of The Bombay Reorganisation Act, 1960?

Q4.Who does Section 16 of the Bombay Reorganisation law apply to?

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