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Section 156 of The Representation of the People Act, 1951 — Term of office of members of State Legislative Councils

Bare section text

Official Legislative Text

(1) The term of office of a member of the Legislative Council of a State, other than a member chosen to fill a casual vacancy, shall be six years, but upon the first constitution of the Council the Governor shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter. (2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor’s term of office.

Educational Study Layer

Summary

Members of State Legislative Councils serve for a term of six years.
For the first council, the Governor can shorten some terms after talking to the Election Commission so that one third of members retire every two years.
If someone fills a casual vacancy, which is a seat opened by death or resignation, they only serve for the rest of the original person's term.
The Governor must consult the Election Commission before making any order to shorten these initial terms.
This section specifically applies to the members of the Legislative Councils in Indian States.

Practical examples

1Arjun is elected to a Legislative Council in 2026. Under normal rules, he will hold his seat until 2032 unless he resigns or is removed.

2Priya wins a bye-election in June 2027 to fill a seat left vacant by a member whose term was supposed to end in 2030. Priya will only serve until 2030.

3A new Legislative Council is formed in 2025. The Governor orders that 20 members will serve only two years so that the staggered retirement cycle can begin.

FAQ

1. What is the term of office for a member of a Legislative Council under Section 156 of the Representation of the People Act, 1951?

According to Section 156 of the Representation of the People Act, 1951, the standard term for a member is six years.

2. How are staggered retirements managed in a new Council under the 1951 Act Section 156?

Under Section 156 of the Representation of the People Act, 1951, the Governor can shorten some initial terms so one third of members retire every two years.

3. If I win a casual vacancy seat under Section 156 of the Representation of the People Act, 1951, do I get a full six years?

No, Section 156 of the Representation of the People Act, 1951, states you only serve the remaining term of the member you replaced.

Practice Quiz

Q1.Under Section 156 of The Representation of the People Act, 1951, what is the standard term length for a member of a State Legislative Council?

Q2.Who has the power to curtail initial terms under Section 156 of The Representation of the People Act, 1951?

Q3.According to Section 156 of The Representation of the People Act, 1951, how long does a member chosen to fill a casual vacancy serve?

Q4.Under Section 156 of The Representation of the People Act, 1951, what portion of the Council should ideally retire every second year?

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