Constitutional Prescriptions related to Term
| Sl. No. | Functionaries / Institutions | Term / Duration | Related Article |
|---|---|---|---|
| 1 | President | 5 years | 56 |
| 2 | Vice-President | 5 years | 67 |
| 3 | Prime Minister | During the pleasure of the President | 75 |
| 4 | Central Ministers | During the pleasure of the President | 75 |
| 5 | Attorney-General of India | During the pleasure of the President | 76 |
| 6 | Rajya Sabha | Continuing Chamber (one-third of its members retire every second year) | 83 |
| 7 | Lok Sabha | 5 years | 83 |
| 8 | Comptroller and Auditor-General of India | Determined by the Parliament | 148 |
| 9 | Governor | 5 years or during the pleasure of the President | 156 |
| 10 | Chief Minister | During the pleasure of the Governor | 164 |
| 11 | State Ministers | During the pleasure of the Governor | 164 |
| 12 | Advocate-General of a State | During the pleasure of the Governor | 165 |
| 13 | State Legislative Assembly | 5 years | 172 |
| 14 | State Legislative Council | Continuing Chamber (one-third of its members retire every second year) | 172 |
| 15 | Chief Minister of NCT of Delhi | During the pleasure of the President | 239AA |
| 16 | Ministers of NCT of Delhi | During the pleasure of the President | 239AA |
| 17 | Panchayats | 5 years | 243E |
| 18 | State Election Commissioner | Determined by the Governor (subject to the law of the State Legislature) | 243K |
| 19 | Municipalities | 5 years | 243U |
| 20 | Board of Directors of a Co-operative Society | 5 years | 243ZJ |
| 21 | Chairman and Members of the UPSC | 6 years | 316 |
| 22 | Chairman and Members of the SPSC | 6 years | 316 |
| 23 | Chairman and Members of the JSPSC | 6 years | 316 |
| 24 | Chief Election Commissioner and other Election Commissioners | Determined by the President (subject to the law of Parliament) | 324 |
| 25 | Chairperson, Vice-Chairperson and Members of the National Commission for SCs | Determined by the President (subject to the law of Parliament) | 338 |
| 26 | Chairperson, Vice-Chairperson and Members of the National Commission for STs | Determined by the President (subject to the law of Parliament) | 338A |
| 27 | Chairperson, Vice-Chairperson and Members of the National Commission for BCs | Determined by the President (subject to the law of Parliament) | 338B |
| 28 | Elected Members of the District Council of an Autonomous District | 5 years | Sixth Schedule |
| 29 | Nominated Members of the District Council of an Autonomous District | During the pleasure of the Governor | Sixth Schedule |
Analytical Insights on Constitutional Terms and Durations
1. The Constitution Balances Two Competing Needs: Stability vs Accountability
The Constitution uses different tenure systems to achieve a balance between:
- Political accountability → through short or pleasure-based terms, and
- Institutional stability → through fixed or staggered terms.
| Flexible Term (At Pleasure) | Fixed Term |
| Executive posts like PM, CM, Ministers, AGI, Advocate General | Legislature, President, Vice-President, CAG, Commissions, Local Bodies |
🧠 Interpretation:
- Executives hold office “during pleasure” because they must remain accountable to the legislature.
- Institutions like Parliament, Commissions, and Panchayats need time stability to plan, deliberate, and deliver effectively.
In short: Political offices must be answerable; institutional offices must be dependable.
2. “During the Pleasure” — The True Spirit of Parliamentary Democracy
This phrase appears multiple times — for the Prime Minister, Ministers, Attorney General, Governor, Chief Minister, and State Ministers.
But its meaning varies depending on context:
| Office | Pleasure Of | Political Meaning |
| Prime Minister | President | Actually the Lok Sabha’s confidence (President acts on advice) |
| Governor | President | Reflects Union’s control over States |
| Chief Minister | Governor | Actually depends on the State Assembly’s confidence |
| Ministers | President / Governor | Linked to collective responsibility to legislature |
| AGI / Advocate General | President / Governor | Linked to the government’s term |
✅ Analytical Insight:
“During the pleasure” does not mean arbitrary removal.
It’s a constitutional shorthand for “as long as you enjoy legislative confidence.”
So, the doctrine of pleasure is filtered through democratic legitimacy.
3. Fixed 5-Year Cycle — The Pulse of Indian Democracy
You’ll notice that five years is the most frequently prescribed tenure — for:
- President (Art. 56)
- Vice-President (Art. 67)
- Lok Sabha (Art. 83)
- State Assemblies (Art. 172)
- Panchayats (Art. 243E)
- Municipalities (Art. 243U)
- Cooperative Societies’ Boards (Art. 243ZJ)
🧠 Interpretation:
This 5-year cycle forms the heartbeat of Indian democracy — a rhythm of periodic renewal ensuring that no authority becomes permanent.
It allows:
- Adequate stability for governance, and
- Regular accountability through elections.
The 5-year term embodies the principle: “Power is temporary, responsibility is continuous.”
4. “Continuing Chambers” – Rajya Sabha & Legislative Councils
Articles 83 and 172 make these bodies continuing chambers — where one-third members retire every two years.
🔎 Significance:
- Ensures institutional continuity while preventing stagnation.
- Keeps a mix of experience and fresh perspective.
- Prevents total dissolution — maintaining legislative stability even during political upheavals.
It’s a constitutional design for permanent wisdom with periodic renewal.
5. Union and State Parallels – Federal Symmetry in Tenure
The Constitution maintains a beautiful symmetry between the Union and the States:
| Union Office | State Counterpart | Tenure Logic |
| President | Governor | 5 years (symbolic head continuity) |
| Prime Minister | Chief Minister | During pleasure (political head accountability) |
| Union Ministers | State Ministers | Same – pleasure of President/Governor |
| Lok Sabha | Legislative Assembly | 5 years; dissolvable |
| Rajya Sabha | Legislative Council | Continuing chambers |
✅ Insight:
This federal symmetry creates structural unity in diversity — the same principles apply to both levels of governance, ensuring harmony across the Union.
6. Commissions and Constitutional Bodies – Fixed, Longer Terms for Independence
- UPSC, SPSC, JSPSC Members → 6 years (Art. 316)
- Finance Commission Members → As determined by President (typically 5 years)
- Election Commission, National Commissions for SC/ST/BC → Tenure “as determined by the President,” subject to Parliament’s law.
🧠 Interpretation:
Longer, secure terms for these bodies reflect the principle of institutional autonomy.
They must function independently of political pressure, hence their tenure is not linked to the government’s term.
Their independence is time-protected, not power-dependent.
7. President’s Discretionary Determination – Controlled Flexibility
In several cases, the term is determined by the President (sometimes subject to parliamentary law).
Examples:
- CAG (Art. 148)
- CEC & ECs (Art. 324)
- National Commissions (SC/ST/BC) (Arts. 338–338B)
💡 Reasoning:
This allows executive flexibility but within constitutional boundaries.
Wherever independence is crucial, Parliament’s oversight is added — “subject to the law made by Parliament.”
This ensures that even flexibility is constitutionally monitored.
8. Local Self-Government – Fixed Terms for Democratic Grassroots
- Panchayats (Art. 243E) – 5 years
- Municipalities (Art. 243U) – 5 years
- District Councils (Sixth Schedule) – 5 years for elected members, nominated members at Governor’s pleasure
🧠 Interpretation:
The framers extended the same democratic rhythm to the third tier of governance — ensuring that local democracy functions within the same constitutional time cycle.
The Governor’s pleasure over nominated members balances democratic representation with administrative supervision in tribal and special areas.
9. Tenure as a Measure of Institutional Trust
Different term lengths reflect how much trust the Constitution places in an office’s autonomy:
| Short / Variable Term (Pleasure-Based) | Reason |
| Ministers, AG, Advocate General | Must retain confidence of legislature; executive accountability |
| Governors | Political appointment; Centre-State coordination |
| Chief Ministers | Confidence-based tenure; parliamentary system |
| Fixed / Long Term | Reason |
| CAG, Commissions, PSCs | Functional independence; stability for oversight and recruitment |
| Legislatures, Local Bodies | Electoral periodicity; regular public accountability |
✅ Analytical takeaway:
Fixed tenures indicate trust; “pleasure-based” tenures indicate accountability.
10. Duration as a Tool of Constitutional Design
By prescribing duration, the Constitution achieves three goals:
- Prevents monopolization of power (through fixed terms)
- Ensures periodic accountability (through elections)
- Maintains stability and continuity (through continuing bodies)
Every duration — whether 5 years, 6 years, or “during pleasure” — is part of a deeper constitutional choreography balancing change and continuity.
🌟 Essence of the Table
The duration of office is not a mechanical provision — it is the time architecture of Indian democracy.
Through fixed, flexible, and continuing terms, the Constitution ensures that power circulates, institutions endure, and accountability never sleeps.
The Constitution turns time into a form of power — wherever tenure is limited, democracy becomes immortal.