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What is Constitution Of India Article 177?

Answer By law4u team

Constitution Of India Article 177: Rights of Ministers and Advocate-General as respects the Houses

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.

Brief Detail

Article 177 grants every Minister and the Advocate-General of a State the right to participate in the discussions and proceedings of the Legislative Assembly or both Houses (if there is a Legislative Council). However, while they can speak and take part in committee proceedings, they do not have the right to vote based on this article.

Question & Answers

What rights are granted to Ministers and the Advocate-General by Article 177?

Ministers and the Advocate-General have the right to speak in and participate in the proceedings of the State Legislative Assembly or both Houses (if there is a Legislative Council) and in committees of the Legislature of which they are members.

Can they vote during these proceedings?

No, despite having the right to speak and participate, they are not entitled to vote in the proceedings or committees by virtue of Article 177.

Example

For example, if a Minister or the Advocate-General is a member of a legislative committee, they can actively participate in discussions and offer opinions but cannot cast a vote on decisions made during those proceedings.

Summary

Article 177 ensures that Ministers and the Advocate-General can engage in legislative and committee discussions but restricts their ability to vote, maintaining a distinction between participation and voting rights in the legislative process.

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