Election law | Council of States

Section 154: Term of office of members of the Council of States

Section 154 of the Representation of the People Act, 1951 governs the tenure of members of the Council of States (Rajya Sabha). Ordinarily, an elected or nominated member serves a six-year term, while a member elected to fill a casual vacancy serves only the unexpired portion of the predecessor's term.

Key rule: The Rajya Sabha is a continuing House, not subject to dissolution. Approximately one-third of its members retire every two years under Article 83(1) of the Constitution and the applicable statutory arrangements.

Section 154: statutory provisions

Sub-section (1): Ordinary term of six years

(1) Subject to the provisions of sub-sections (2) and (2A), the term of office of a member of the Council of States, other than a member chosen to fill a casual vacancy, shall be six years.

Sub-section (2): Arrangements on the first constitution of the Council

(2) Upon the first constitution of the Council of States the President 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.

Sub-section (2A): Historical transitional arrangement

(2A) In order that, as nearly as may be, one-third of the members may retire on the second day of April, 1958, and on the expiration of every second year thereafter, the President shall, as soon as may be after the commencement of the Constitution (Seventh Amendment) Act, 1956, 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 sub-section (2) of section 147.

Sub-section (3): Member filling a casual vacancy

(3) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.

How long does a Rajya Sabha member serve?

The ordinary term under Section 154(1) is six years. The commencement of that term is determined in accordance with Section 155, which must be considered when calculating the actual date on which a member's tenure expires. The six-year rule is distinct from the five-year normal duration of the Lok Sabha.

Why do one-third of members retire every two years?

Article 83(1) of the Constitution of India provides that the Council of States shall not be subject to dissolution, but that as nearly as possible one-third of its members shall retire as soon as may be on the expiration of every second year, in accordance with provisions made by Parliament by law. Section 154 implements this principle through staggered terms. Because membership is staggered, Rajya Sabha elections take place periodically without dissolution of the entire House.

Purpose of sub-sections (2) and (2A)

Section 154(2) dealt with the first constitution of the Rajya Sabha: to establish staggered retirement, the President, after consulting the Election Commission, could shorten the initial terms of some members. Section 154(2A) addressed the historical transition following the Constitution (Seventh Amendment) Act, 1956, including the retirement cycle beginning on 2 April 1958. These are transitional provisions, not a general authority to shorten a sitting member's ordinary six-year term at will.

What happens if a Rajya Sabha seat falls vacant early?

Under Section 154(3), a person elected to fill a casual vacancy serves only for the remainder of the predecessor's term. For example, if a vacancy arises with two years left in the original term, the replacement ordinarily serves those remaining two years, not a new six-year term. Section 147 addresses the election to fill such vacancies, and Section 151A generally requires a by-election within six months, subject to its express exceptions.

Related statutory and constitutional provisions

Article 80: Composition of the Council of States, including elected representatives of States and Union territories and members nominated by the President.
Article 83(1): Rajya Sabha is a continuing chamber; approximately one-third of members retire every two years.
Section 147, Representation of the People Act, 1951: Casual vacancies in the Council of States.
Section 151A: General time limit and exceptions for holding by-elections to fill casual vacancies.
Section 155: Commencement of the term of office of members of the Council of States.
Section 156: Term of office of members of State Legislative Councils, a separate institution.

Frequently asked questions

Is the Rajya Sabha dissolved every six years?

No. The Council of States is a permanent, continuing House; the six-year period applies to individual members' ordinary terms, not to the life of the House.

Does a by-election winner get a fresh six-year term?

No. Section 154(3) expressly limits a replacement member's term to the remaining term of the predecessor.

Does Section 154 itself specify the date a term begins?

No. Section 155 addresses commencement of terms and should be read alongside Section 154.

Official legal and election resources

Consult the current legislation at India Code and the Legislative Department. Election schedules, notifications and other guidance are published by the Election Commission of India and the Gazette of India. For adjacent provisions, use the Representation of the People Act, 1951 index.

Updated 5 October 2026. This is a general explanation; the statutory provisions and applicable notifications govern individual cases.