Actual Article
Article 88: Rights of Ministers and Attorney-General as to Houses
- Right to Speak: 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.
- Presence for Explanations: A Minister who is a member of either House may, while he is such member, attend and take part in the proceedings of the other House, but shall not be entitled to vote unless he is a member of that House.
UPSC Notes for Article 88
Explanation:
- Right to Speak: Article 88 grants every Minister and the Attorney-General of India the right to speak and participate in the proceedings of either House of Parliament, joint sittings, and parliamentary committees.
- Non-Voting Status: However, they are not entitled to vote in any of these proceedings by virtue of this article.
- Cross-House Attendance: A Minister who is a member of one House can attend and participate in the proceedings of the other House but cannot vote unless they are a member of that House.
Key Points:
- Executive Participation: Article 88 ensures the active involvement of executive members, such as Ministers and the Attorney-General, in parliamentary proceedings, allowing them to contribute to debates and discussions.
- Separation of Powers: While executive members can participate in parliamentary activities, their non-voting status upholds the principle of the separation of powers between the executive and the legislature.
- Cross-House Engagement: The provision for cross-House attendance enables Ministers to engage with both Houses of Parliament, facilitating coordination and communication between the two chambers.
Important Cases and Commissions Related to Article 88
Cases:
- M.C. Seervai vs. Election Commission of India (1975): Though primarily about elections, this case discussed the role and privileges of Ministers and the Attorney-General in parliamentary proceedings, indirectly touching upon Article 88.
- Ram Jethmalani vs. Union of India (2010): This case underscored the importance of the participation of Ministers and the Attorney-General in parliamentary debates, emphasizing their right to speak and engage in legislative activities.
Commissions:
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to enhance the effectiveness of parliamentary committees, including provisions for the participation of executive members.
Previous Year Prelims Questions Related to Article 88
- (UPSC Prelims 2017) According to Article 88 of the Indian Constitution, every Minister and the Attorney-General of India has the right to:
- A. Vote in Parliament
- B. Speak and participate in parliamentary proceedings
- C. Introduce bills in Parliament
- D. Chair parliamentary committees Correct Answer: B. Speak and participate in parliamentary proceedings
- (UPSC Prelims 2020) What is the significance of Article 88 in the functioning of Parliament?
- A. It defines the procedure for the impeachment of the President.
- B. It ensures the participation of executive members in parliamentary proceedings.
- C. It specifies the powers of the Speaker of the Lok Sabha.
- D. It regulates the conduct of members during parliamentary debates. Correct Answer: B. It ensures the participation of executive members in parliamentary proceedings
Previous Year Mains Questions Related to Article 88
- Mains 2016: “Discuss the significance of Article 88 in ensuring the effective functioning of Parliament. How does the provision for the participation of Ministers and the Attorney-General contribute to parliamentary democracy?”
- Mains 2019: “Analyze the role of executive members in parliamentary proceedings as outlined in Article 88. How does this provision uphold the principles of democratic governance?”
Additional Insights:
- Executive Representation: Article 88 ensures that the executive branch is represented in parliamentary debates and discussions, allowing for a comprehensive exchange of ideas and perspectives.
- Expertise and Guidance: The participation of the Attorney-General provides legal expertise and guidance to Parliament, aiding in the interpretation of laws and constitutional provisions.
- Accountability and Transparency: By actively engaging in parliamentary proceedings, Ministers and the Attorney-General uphold principles of accountability and transparency in governance.
Understanding Article 88 is crucial for UPSC aspirants as it elucidates the participation rights of executive members in parliamentary activities, contributing to the effective functioning of India’s parliamentary democracy. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the interaction between the executive and the legislature in India.