The Constitution of India
Article 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.
Why this exists
In India's parliamentary system, Ministers are often drawn from one House but must answer to both, since the government is collectively responsible to the whole Parliament (Article 75(3), Article 164(2)). The Attorney-General, as the government's chief legal advisor, frequently needs to explain legal positions to Parliament even though he is not an elected member. Article 88 solves this by letting them speak and participate everywhere in Parliament's work, ensuring accountability and informed debate, while preserving the basic democratic principle that only elected (or nominated, in some cases) members of a House can vote in it.
Common misconceptions
- Myth: The Attorney-General of India can vote in Parliament since he attends and speaks in it.
Fact: Article 88 clearly states that this right to speak and participate does not include a right to vote. - Myth: A Minister can vote in any House of Parliament as long as they attend its session.
Fact: A Minister can only vote in the House of which they are actually an elected (or nominated) member; Article 88 only allows them to speak and participate in the other House, not vote there.