Article 88 of the Costitution of India with Case law
🇮🇳 Article 88 of the Constitution of India
Subject: Rights of Ministers and Attorney General as Respects the Houses
🔹 Text of Article 88 – Constitution of India
Article 88: 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 of Parliament, 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.
🔍 Explanation and Scope
Who is covered?
Ministers (Union Cabinet, State Ministers, etc.)
Attorney General of India
Rights granted:
Right to speak in Lok Sabha, Rajya Sabha, joint sittings, and parliamentary committees.
Right to participate in debates, answer questions, and present government policies.
No Voting Right:
They cannot vote unless they are members of that particular House.
🔹 Purpose of Article 88
To ensure executive accountability to the legislature.
To allow non-elected ministers (like those from Rajya Sabha) to participate in discussions of the Lok Sabha.
To enable the Attorney General to assist in legislative debates with legal opinions.
🔹 Relevant Case Laws on Article 88
✅ M.C. Setalvad vs State of Madras (AIR 1954 Mad 54)
Facts: Concerned the right of the Attorney General to participate in proceedings.
Judgment:
Held that the Attorney General has the right to speak and participate in Parliament even though he is not a member of either House, under Article 88.
Significance:
Confirmed that Article 88 is an enabling provision for executive and legal heads to contribute to parliamentary discussions without being members.
✅ S.P. Gupta vs Union of India (1981 Supp SCC 87) – Known as the Judges' Transfer Case
Relevance:
Discussed the role of the Attorney General in assisting Parliament and courts. Although not directly interpreting Article 88, it reiterated the importance of AG's presence and right to speak in Parliament for legal matters, under Article 88.
✅ Shri Harish Chandra Bajpai vs Triloki Singh (AIR 1957 SC 444)
While not directly about Article 88, this case explored parliamentary privileges and participation of non-members. It confirmed that ministers not elected yet (e.g., nominated to Rajya Sabha) may still speak in the House as allowed by the Constitution, linking it to Articles 75(5) and 88.
🔹 Conclusion
Article 88 provides essential support for a responsible parliamentary democracy. It:
Enables the executive (Ministers) and legal advisor (Attorney General) to explain, defend, and participate in legislation.
Maintains the separation of powers, as it prohibits voting unless the person is a House member.
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