Article 88 – Rights of Ministers as Respects the Houses
Article 88 of the Constitution of India deals with the rights of ministers as respects the Houses. It states that:
- A Minister shall have the right to speak in, and to take part in the proceedings of, either House of Parliament or of any joint sitting of the Houses, and to vote in either House or at such joint sitting.
- A Minister shall not be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or at any joint sitting of the Houses.
- A Minister shall have the right to appear before either House of Parliament or any joint sitting of the Houses and to speak thereupon, though not a member of that House or of either House of Parliament.
This article is important because it ensures that ministers have the right to participate in the legislative process and to defend their actions in Parliament. It also protects them from legal action for anything they say or do in Parliament.
The article has been interpreted by the Supreme Court in a number of cases. In the case of Ram Jethmalani v. Union of India, the Court held that the right to speak in Parliament includes the right to make personal attacks on other members. In the case of Indira Gandhi v. Raj Narain, the Court held that the right to vote in Parliament includes the right to vote against the government.
The article has also been the subject of some controversy. In the case of P.V. Narasimha Rao v. Lakshmi Kant Pandey, the Court held that the right to appear before Parliament includes the right to refuse to answer questions. This decision was criticized by some, who argued that it undermined the right of Parliament to hold the government to account.
Despite the controversy, Article 88 remains an important part of the Indian Constitution. It ensures that ministers have the right to participate in the legislative process and to defend their actions in Parliament. It also protects them from legal action for anything they say or do in Parliament.
Frequently asked questions:
- What are the rights of ministers as respects the Houses?
Ministers have the right to speak in, and to take part in the proceedings of, either House of Parliament or of any joint sitting of the Houses, and to vote in either House or at such joint sitting. They also have the right to appear before either House of Parliament or any joint sitting of the Houses and to speak thereupon, though not a member of that House or of either House of Parliament.
- What is the purpose of Article 88?
The purpose of Article 88 is to ensure that ministers have the right to participate in the legislative process and to defend their actions in Parliament. It also protects them from legal action for anything they say or do in Parliament.
- What are some examples of how Article 88 has been interpreted by the Supreme Court?
In the case of Ram Jethmalani v. Union of India, the Court held that the right to speak in Parliament includes the right to make personal attacks on other members. In the case of Indira Gandhi v. Raj Narain, the Court held that the right to vote in Parliament includes the right to vote against the government.
- What has been the subject of some controversy regarding Article 88?
The right of ministers to appear before Parliament and to refuse to answer questions has been the subject of some controversy. In the case of P.V. Narasimha Rao v. Lakshmi Kant Pandey, the Court held that this right is protected by Article 88. However, some have argued that this decision undermines the right of Parliament to hold the government to account.
- What is the importance of Article 88?
Article 88 is an important part of the Indian Constitution. It ensures that ministers have the right to participate in the legislative process and to defend their actions in Parliament. It also protects them from legal action for anything they say or do in Parliament.