The rights of Ministers and the Advocate-General of a State to speak in, and take part in the proceedings of, the State Legislature are laid down in:

Article 177 of the Constitution gives every Minister and the Advocate-General of a State the right to speak in, and otherwise take part in the proceedings of, the Legislative Assembly of the State, or both Houses where there is a Legislative Council, and any committee of the legislature of which they may be named members.

The limitation:

• A Minister or the Advocate-General who is not a member of a House cannot vote in that House by virtue of this Article.
• In other words, they can speak and take part in the debates, but can vote only in the House of which they are members.

Why this provision is needed:

• In a parliamentary system, ministers have to explain and defend the policies of the government in the legislature.
• A minister may be a member of only one House (for example, the Legislative Council), but may need to answer questions or pilot bills in the other House.
• The Advocate-General, who is the chief law officer of the state, may need to explain legal and constitutional issues to the legislature.

The parallel provision for the Union:

Article 88 gives similar rights to the Union Ministers and the Attorney General of India in respect of both Houses of Parliament.

The Advocate-General of a State:

• He or she is appointed by the Governor, and must be qualified to be appointed a judge of a High Court.
• He or she holds office during the pleasure of the Governor, and receives such remuneration as the Governor may determine.
• The Advocate-General gives advice to the state government on legal matters, and performs other legal duties assigned by the Governor.

Why not the other options?

• ✗Article 88 is the similar provision for Parliament; Article 194 deals with the privileges of state legislators; Article 171 deals with the composition of Legislative Councils.