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[Cites 0, Cited by 5] [Article 172] [Constitution]

Constitution Subarticle

Article 172(2) in Constitution of India

(2)The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.[Editorial comment-The Constitution (Forty-Second Amendment) Act, 1976, the amendment extended the term of Lok Sabha and Legislative Assemblies members from five to six years, by amending article 172 (relating to MLAs). The Amendment repealed this change, shortening the term of the aforementioned assemblies back to the original 5 years.Also Refer][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]