Election law | Representation of the People Act, 1951

Section 155: Commencement of the Term of Office of Council of States Members

Section 155 explains the legal date on which a member's term in the Council of States (Rajya Sabha) begins. The starting date depends on whether the member's name is required to be notified under Section 71 or falls within the other election or nomination publication rules.

Key rule: For a member covered by Section 71, the term starts on the date of the relevant Official Gazette notification. For other members, the applicable date is publication in the Official Gazette of the election declaration or nomination notification identified in Section 155(2).

Section 155: Statutory provisions

Sub-section (1): Members notified under Section 71

The term of office of a member of the Council of States whose name is required to be notified in the Official Gazette under Section 71 begins on the date of that notification.

Sub-section (2): Other elected or nominated members

The term of office of a member whose name is not required to be notified under Section 71 begins on the date of publication in the Official Gazette of either (i) the declaration containing that person's name as elected under Section 67, or (ii) the notification under Article 80(1)(a) of the Constitution, or another applicable provision, announcing that person's nomination to the Council of States, as the case may be.

What does commencement of the term mean?

Commencement is the legally recognised starting date of a member's period in office. Section 155 identifies a Gazette publication or notification as the operative event. It should not be assumed that the date of voting, counting, declaration of the result, taking an oath or first attending a sitting necessarily equals the commencement date under this section.

How Section 155 applies

Section 71 notification: Where Section 71 requires the elected member's name to be notified, the date of that Official Gazette notification governs under Section 155(1).
Other elections: Where Section 71 does not apply, Section 155(2) refers to publication of the Section 67 declaration of the elected candidate in the Official Gazette.
Nominated members: For nominations, the starting date is the Official Gazette publication of the notification under Article 80(1)(a), or another applicable provision announcing the nomination.
Record verification: The actual Gazette document and its publication date should be checked before determining the commencement of a particular member's term.

Section 67: Declaration of election results

Section 67 governs the returning officer's declaration of the result in elections to which that provision applies. Section 155(2) expressly connects the term's commencement to publication in the Official Gazette of the relevant declaration, rather than merely to the act of declaring the result.

Section 71: Publication of election results

Section 71 deals with the statutory publication of election results. When the member's name is required to be notified under that provision, Section 155(1) makes the notification date the starting date of the term.

Section 154: Duration of Rajya Sabha membership

Section 154 generally provides a six-year term for members of the Council of States, subject to its special provisions. A member elected to fill a casual vacancy serves only the remainder of the predecessor's term under Section 154(3). Section 155 addresses the commencement date; it does not replace the separate rules about duration and retirement.

Constitutional basis: Article 80

Article 80 provides for the composition of the Council of States, including members nominated by the President and representatives of States and Union territories. Article 80(1)(a) specifically concerns the twelve nominated members, whose nominations are relevant to Section 155(2).

Practical illustrations

Example 1: If a member is required to be notified under Section 71 and the Official Gazette notification is dated 10 April, Section 155(1) fixes 10 April as the commencement date, subject to the applicable statutory context.

Example 2: If a nominated member's appointment is announced through an Official Gazette notification published on 15 May, Section 155(2) identifies the relevant publication date as the commencement date. These dates are illustrations, not actual election records.

Frequently asked questions

Does the term begin on the polling date?

Not merely because polling occurred. Section 155 specifies the relevant Gazette notification or publication as the legal starting event.

Is an oath the starting point for calculating the term?

Section 155 does not make the taking of an oath the event that starts the term. Oath requirements and eligibility to participate in proceedings are distinct constitutional matters.

Does a by-election give a Rajya Sabha member a fresh six-year term?

No. Section 154(3) provides that a member chosen to fill a casual vacancy serves the remainder of the predecessor's term.

Official resources and related reading

For authoritative statutory text and amendments, consult India Code and the Legislative Department. Election notices and schedules are available through the Election Commission of India. Official Gazette publications can be checked through the e-Gazette portal. Read the Representation of the People Act, 1951 index for the surrounding statutory provisions.

Updated 5 October 2026. The date applicable to a specific member should be confirmed from the relevant Gazette publication and governing law.