Part V: The Union

Chapter I: The Executive

The Parliament

Article 98: Secretariat of Parliament

Overview of Article 98

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(1) Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament.

(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament.

(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the Council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

Explanation

Article 98 of the Constitution of India establishes the structure and organization of the Secretariat of Parliament, which is responsible for supporting the administrative functions of both the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). This article ensures that each House of Parliament has an independent secretariat, with provisions for recruitment, service conditions, and regulatory oversight.

Clause-by-Clause Breakdown

  • Separate Secretariat for Each House: Clause (1) mandates that each House of Parliament shall have its own separate secretarial staff to handle administrative matters. However, it also allows for the creation of posts that may be common to both Houses, if needed. This ensures that while both Houses operate independently in most administrative matters, there is flexibility to share resources and personnel where appropriate.
  • Regulation of Recruitment and Service Conditions by Parliament: Clause (2) provides that Parliament may regulate the recruitment and the conditions of service of individuals appointed to the secretarial staff of both the Lok Sabha and Rajya Sabha through legislation. This allows Parliament to establish rules for hiring, service terms, and roles, ensuring that the secretariats function efficiently and meet the needs of their respective Houses.
  • Interim Provisions by the President: Clause (3) allows the President to make interim rules for the recruitment and conditions of service for the secretarial staff of both Houses until Parliament makes specific provisions. These rules must be made in consultation with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as applicable. Any such rules made by the President are subject to the laws subsequently passed by Parliament.

Real-Life Examples

  • Example: The Lok Sabha Secretariat and the Rajya Sabha Secretariat function independently, managing the affairs of their respective Houses. However, in certain cases, such as IT services or common technical teams, posts may be created that serve both Houses. This flexibility helps streamline operations where specialized roles are required across both Houses.
  • Example: When India became a Republic in 1950, the President of India exercised this power to frame rules for the secretarial staff of both Houses, ensuring that parliamentary business could be conducted smoothly while waiting for Parliament to enact specific laws. These interim rules were later replaced by laws enacted by Parliament, such as the Parliamentary Service Rules.

Historical Significance and References

The provisions under Article 98 underscore the importance of maintaining independent secretariats for each House of Parliament to ensure the smooth functioning of legislative business. The framers of the Constitution took inspiration from the British parliamentary system, where both Houses have distinct secretarial support. This article also highlights the importance of keeping administrative matters separate to preserve the independence of each House while offering flexibility for shared services.

References

  • Constitution of India, Article 98
  • M.N. Kaul and S.L. Shakdher, Practice and Procedure of Parliament
  • D.D. Basu, Introduction to the Constitution of India
  • Granville Austin, The Indian Constitution: Cornerstone of a Nation
  • Parliamentary archives and secretariat reports

Legislative History

Article 98 of the Indian Constitution, initially formulated as Article 80 in the Draft Constitution, was formally incorporated into the Indian Constitution on May 19, 1949, following deliberations.

Debates and Amendments

Dr. B. R. Ambedkar introduced what is now Article 98 (initially proposed as Article 79-A) in the Constitution of India, addressing the need for separate secretarial staff for each House of Parliament. This initiative was based on recommendations made during the Speakers' Conference, which emphasized the importance of maintaining the independence of legislative secretariats from the executive branch. This principle had already been established in the Central Assembly since 1928–29, but it was not uniformly adopted by provincial legislatures.

The new article provided that Parliament could regulate the recruitment and service conditions of the secretarial staff for each House. In the interim, until Parliament enacted relevant laws, the President was empowered to make rules concerning recruitment and service conditions, in consultation with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as applicable.

Shri H. V. Kamath put forth several amendments aimed at enhancing the clarity and scope of the article. One of his key proposals was that the President should consult both the Speaker and the Chairman when creating posts common to both Houses, ensuring that both Houses had an equal say in shared appointments. He also suggested textual improvements to simplify the language, proposing that the phrase "each House of Parliament" be used in place of repetitive clauses to provide greater clarity.

Kamath further argued that the President’s rule-making power should cease once Parliament enacted its own provisions on recruitment and service conditions. He advocated for deleting the clause that subjected the President’s interim rules to parliamentary law, believing that this would enhance the authority and precision of the article.

Several verbal amendments were also proposed by honorable members during the debates. However, the Constituent Assembly ultimately rejected all of these proposed amendments. After thorough deliberation, the Assembly adopted the original draft of the article, as formulated by Dr. B. R. Ambedkar, without any changes. This decision reflected the consensus that the article, as drafted, sufficiently addressed the need for independent and efficient secretariats for both Houses of Parliament.

Article 97 Article 99