Actual Article
Article 98: Secretariat of Parliament
- 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.
- Parliament may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either House of Parliament.
- 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.
UPSC Notes for Article 98
Explanation:
- Separate Secretariats: Each House of Parliament, the Lok Sabha and the Rajya Sabha, shall have its own separate secretarial staff to manage its administrative and legislative functions.
- Common Posts: Despite having separate secretariats, there can be posts that are common to both Houses, facilitating coordinated efforts and efficiency.
- Regulation by Parliament: Parliament has the authority to regulate the recruitment and service conditions of the secretarial staff through legislation.
- Interim Rules by the President: Until Parliament enacts relevant laws, the President, in consultation with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, can make rules regarding the recruitment and service conditions of the secretarial staff.
Key Points:
- Administrative Independence: The provision for separate secretarial staff for each House ensures administrative independence and efficiency.
- Legislative Authority: Parliament holds the ultimate authority to regulate the conditions of service and recruitment for the secretarial staff, ensuring that these matters are handled legislatively.
- Interim Measures: The President’s power to make interim rules ensures that there is no administrative vacuum until Parliament enacts specific laws.
Important Cases and Commissions Related to Article 98
Cases:
- Ashok Tanwar vs. Union of India (2013): Although primarily about MPs’ privileges, this case touched upon the administrative functions of parliamentary staff, reflecting the importance of structured secretariats.
- Kihoto Hollohan vs. Zachillhu (1992): Highlighted the importance of impartial and efficient administrative staff in maintaining the integrity of legislative processes.
Commissions:
- Sarkaria Commission: Discussed the administrative needs of the legislative houses and the importance of having separate secretariats to maintain efficiency and autonomy.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to improve the functioning and efficiency of the parliamentary secretariats.
Previous Year Prelims Questions Related to Article 98
- (UPSC Prelims 2016) The secretarial staff of the Parliament are regulated by:
- A. The Prime Minister
- B. The President
- C. Parliament by law
- D. The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha Correct Answer: C. Parliament by law
- (UPSC Prelims 2019) Until Parliament makes provision for the recruitment and conditions of service of the secretarial staff of either House of Parliament, who has the power to make rules in this regard?
- A. The Prime Minister
- B. The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha
- C. The President
- D. The Chief Justice of India Correct Answer: C. The President
Previous Year Mains Questions Related to Article 98
- Mains 2015: “Discuss the significance of having separate secretarial staff for each House of Parliament as provided under Article 98. How does this contribute to the efficiency and independence of parliamentary proceedings?”
- Mains 2019: “Analyze the role of Parliament in regulating the recruitment and conditions of service of the secretarial staff of the Lok Sabha and Rajya Sabha. How does this legislative control ensure effective functioning of parliamentary administration?”
Additional Insights:
- Efficiency and Specialization: Separate secretariats for each House allow for specialized administrative support tailored to the unique needs of the Lok Sabha and Rajya Sabha, enhancing overall efficiency.
- Coordination: The provision for common posts ensures that coordination between the two Houses can be managed effectively, especially for tasks requiring collaboration.
- Legislative Oversight: The authority of Parliament to regulate the secretarial staff ensures that these administrative functions are under democratic oversight, promoting transparency and accountability.
- Continuity of Administration: The President’s power to make interim rules ensures there is no disruption in administrative functions while awaiting legislative action.
Understanding Article 98 is crucial for UPSC aspirants as it highlights the administrative framework supporting the legislative functions of Parliament, ensuring efficient and independent operations. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative and administrative interplay within India’s parliamentary system.