Article 88 of the Indian Constitution is a crucial provision that grants special rights to Ministers of the Union and the Attorney-General of India concerning their participation in the proceedings of Parliament. This article facilitates effective communication between the executive and the legislature, ensuring that the government can explain its policies and actions, and the chief legal advisor can provide necessary legal input within the parliamentary framework.
This provision is vital for the principle of collective responsibility of the Council of Ministers to the House of the People (Lok Sabha) and for the smooth functioning of parliamentary democracy by allowing key members of the executive and the principal legal officer to engage directly with both Houses and their committees.
Original Text
88. Rights of Ministers and Attorney-General as respects Houses.
Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.
Detailed Explanation
Article 88 outlines specific rights granted to two key functionaries: every Minister of the Union and the Attorney-General of India. These rights pertain to their ability to interact with and participate in parliamentary proceedings, irrespective of whether they are members of either House of Parliament.
The article grants them the “right to speak in, and otherwise to take part in the proceedings of” several parliamentary forums. This includes:
- Either House: They can participate in discussions and debates in both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This allows Ministers to explain government policies and respond to questions or criticisms, and the Attorney-General to offer legal opinions or clarify legal matters.
- Any joint sitting of the Houses: In instances like resolving disagreements on a Bill, where both Houses convene together, Ministers and the Attorney-General can also participate in the discussions.
- Any committee of Parliament of which he may be named a member: If a Minister or the Attorney-General is appointed as a member of a parliamentary committee (which is rare for the AG but possible for Ministers), they have the right to participate fully in that committee’s proceedings.
However, the article explicitly imposes a crucial limitation: “but shall not by virtue of this article be entitled to vote.” This means that while they can participate in discussions, they cannot cast a vote simply because Article 88 grants them the right to speak or participate.
It is important to note the distinction regarding voting rights for Ministers:
- A Minister who is a member of the Lok Sabha retains their right to vote in the Lok Sabha as an MP.
- A Minister who is a member of the Rajya Sabha retains their right to vote in the Rajya Sabha as an MP.
- A Minister who is not a member of either House (Constitution permits a person to be a Minister for up to six months without being an MP, per Article 75(5)) can speak and participate in both Houses and joint sittings under Article 88, but cannot vote in either House. After six months, they must become an MP or cease to be a Minister.
- The Attorney-General of India is not a member of Parliament. Therefore, while Article 88 gives the AG the right to speak and participate in both Houses and joint sittings, and committees they are named members of, the AG never has a right to vote in Parliament, as they are not an elected or nominated member.
Thus, Article 88 separates the right to speak and participate from the right to vote, ensuring accountability and legal counsel are available to Parliament without altering the voting strength based on the presence of non-member Ministers or the Attorney-General.
Detailed Notes
- Scope: Grants rights to every Minister and the Attorney-General of India regarding participation in Parliament.
- Beneficiaries:
- Every Minister of the Union Council of Ministers.
- The Attorney-General of India.
- Rights Granted:
- Right to speak in parliamentary proceedings.
- Right to otherwise take part in parliamentary proceedings (e.g., participate in discussions, answer questions).
- Places of Participation:
- Either House of Parliament (Lok Sabha or Rajya Sabha).
- Any joint sitting of the Houses.
- Any committee of Parliament of which they may be named a member.
- Crucial Limitation:
- Shall not be entitled to vote by virtue of this Article.
- Distinction on Voting:
- A Minister who is also an MP retains their voting right as an MP in the House they belong to.
- A Minister who is not an MP can speak and participate in both Houses but cannot vote in either.
- The Attorney-General is not an MP and therefore cannot vote in Parliament.
Additional Comments
- Article 88 is fundamental for ensuring the accountability of the executive to the legislature, especially the principle of collective responsibility to the Lok Sabha. Ministers need to be able to explain government actions and policies on the floor of Parliament.
- It allows for seamless interaction between the Council of Ministers and both Houses, regardless of whether a specific Minister is a member of the Rajya Sabha or Lok Sabha.
- The presence and right to speak of the Attorney-General are vital as the chief legal advisor to the government, enabling Parliament to seek legal clarifications directly during proceedings when needed.
- The restriction on voting rights under this article maintains the integrity of the voting process, which is reserved for the elected/nominated members of Parliament (MPs).
Summary
Article 88 of the Indian Constitution provides Ministers of the Union and the Attorney-General of India the right to speak and participate in the proceedings of both the Lok Sabha and the Rajya Sabha, any joint sitting of Parliament, and any parliamentary committee they are appointed to. This provision facilitates communication and accountability between the executive and the legislature. However, the article explicitly states that by virtue of this right to participate, they are not entitled to vote in any of these forums. A Minister who is also a Member of Parliament retains their voting right as an MP in their respective House, but the Attorney-General, not being a member of Parliament, has no voting rights.