Part VI: The States

Article 177: Rights of Ministers and Advocate-General as Respects the Houses

Original Article:

Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.

Explanations:

Article 177 of the Indian Constitution provides ministers and the Advocate-General with specific rights to contribute to legislative proceedings in both houses of a bicameral state legislature or the single house in unicameral states. It enables them to engage in debate and committee activities, fostering informed discussions while excluding them from voting.

Clause Headings:

1. Legislative Speaking Rights

This clause grants every Minister and the Advocate-General for the state the right to speak and actively engage in the proceedings of the Legislative Assembly. In bicameral legislatures, this privilege extends to the Legislative Council as well.

2. Participation in Legislative Committees

Ministers and the Advocate-General are permitted to participate in legislative committees, which often delve into the specificities of policy proposals. However, this involvement is contingent upon their appointment to such committees.

3. Voting Exclusion

The Article distinctly prohibits Ministers and the Advocate-General from voting during legislative sessions or committee proceedings. This restriction ensures that decision-making power is retained by elected legislators, preserving democratic representation.

Amendments:

There are no amendments to Article 177 to date. The original provision remains effective, underscoring its consistent relevance in legislative functioning.

Real-Life Examples:

Example from Budget Discussions: Ministers actively participate in state budget sessions, presenting and justifying budget allocations in the legislature. For instance, during the Gujarat budget discussions, ministers elucidated on budget provisions, helping legislators better understand financial decisions without casting a vote.

Legal Clarifications by Advocate-Generals: The Advocate-General in states like Tamil Nadu regularly contributes to legislative debates by clarifying legal principles related to proposed laws. This aids in refining bills and policies before voting takes place.

Historical Significance:

Article 177 reflects a thoughtful balance established by the Constitution’s framers, where executive and legal experts can participate in legislative processes without directly influencing the legislative vote. This arrangement was inspired by parliamentary practices in the UK, where non-voting roles in legislative debates are seen as valuable for policy formulation.

Legislative History:

Article 177 of the Indian Constitution, originally drafted and discussed as Article 156 of the Draft Constitution, was incorporated into the Constitution on January 2, 1949.

Debates and Deliberations:

During the deliberations, the President noted that Article 156 mirrored the provisions of Article 72, which had already been adopted, with the main distinction being that Article 156 applied to the States while Article 72 pertained to the Union. Upon this observation, all Honourable Members unanimously agreed to adopt Article 156 without any additional debate or amendments. As a result, Article 156 was formally included in the Constitution.

References:

Basu's Commentary on the Constitution of India, for detailed legal interpretation of Article 177.

Reports on State Legislatures, highlighting real-life applications and implications of Article 177 across various states.