Article 177 of the Costitution of India with Case law
🔹 Article 177 of the Constitution of India
Title: Rights of Ministers and Advocate-General as respects the Houses
🔸 Text of Article 177
Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise take part in the proceedings of, the Legislative Assembly of the State and also of any committee thereof of which he may be named a member, but shall not by virtue of this article be entitled to vote.
🔸 Explanation of Article 177
Purpose: To allow Ministers and the Advocate-General to:
Participate in debates and discussions
Speak on issues
Contribute in committee proceedings
Limitation:
➤ They cannot vote unless they are members of the legislature.
✅ Who gets these rights?
Ministers (even if not elected MLAs or MLCs yet)
Advocate-General for the State (top legal officer of the State)
🔸 Importance of Article 177
Ensures that:
Ministers (who are part of the executive) can defend government policy in the legislature.
The Advocate-General can explain legal points.
Maintains the accountability of the executive to the legislature.
Allows non-elected ministers (appointed under Article 164(4)) to function effectively in the House.
🔸 Relevant Case Laws on Article 177
🧑⚖️ Har Sharan Verma v. Tribhuvan Narain Singh, AIR 1971 SC 1331
Facts: Tribhuvan Narain Singh was made Chief Minister though not an elected member.
Held: He could still attend, speak and participate in Assembly proceedings under Article 177, but could not vote unless he became an elected member within 6 months under Article 164(4).
🧑⚖️ S.P. Anand v. H.D. Deve Gowda, AIR 1997 SC 272
Held: A person not elected to either House can still be appointed PM/CM and can participate in House discussions.
Reaffirmed rights under Article 177 to speak but not vote.
🧑⚖️ State of Punjab v. Satpal Dang, AIR 1969 SC 903
Held: Ministers and Advocate-General enjoy right of audience in legislative proceedings and can explain government policies, even when not elected members.
🔸 Summary Table
| Provision | Scope under Article 177 |
|---|---|
| ✔️ Speak in Assembly/Committee | Yes |
| ✔️ Take part in proceedings | Yes |
| ❌ Voting right | No (unless elected member) |
| Applies to | Ministers, Advocate-General |
🔸 Conclusion
Article 177 facilitates the smooth functioning of parliamentary democracy by allowing executive members to be present, speak, and clarify positions in the legislature.
However, it maintains the sanctity of the legislature by not giving them voting rights unless they are elected members.
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