Law4u - Made in India

What Is Constitution Of India Article 98?

Answer By law4u team

Constitution of India Article 98: Secretariat of Parliament

(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.

Brief Detail

Article 98 provides for the secretarial staff of the Parliament. Each House shall have its own secretariat. However, certain posts may be shared by both Houses. Parliament can regulate recruitment and service conditions of the secretarial staff through laws, and until such laws are made, the President has the authority to establish rules for this purpose.

Question & Answers

Q1: Does each House of Parliament have its own secretarial staff?

A: Yes, Article 98 mandates separate secretarial staff for each House of Parliament.

Q2: Can common posts be created for both Houses?

A: Yes, the article allows for the creation of posts common to both Houses of Parliament.

Q3: Who regulates the recruitment of secretarial staff?

A: Parliament regulates recruitment and service conditions through laws. Until such laws are made, the President can establish rules in consultation with the Speaker or Chairman, as applicable.

Example

If Parliament enacts a law specifying the qualifications for recruitment of secretarial staff for the Lok Sabha, this law will take precedence over any previous rules made by the President.

Summary

Article 98 ensures administrative independence and operational efficiency for each House of Parliament by mandating separate secretariats. It provides flexibility for creating common posts and empowers Parliament to regulate recruitment and service conditions.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Imran Aziz Sheikh

Advocate Imran Aziz Sheikh

Banking & Finance, Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Civil, Armed Forces Tribunal, Consumer Court, GST, Landlord & Tenant

Get Advice
Advocate Mukesh Singh

Advocate Mukesh Singh

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Property, Succession Certificate, Documentation

Get Advice
Advocate Renu Ranvijay Ojha

Advocate Renu Ranvijay Ojha

Anticipatory Bail,Criminal,Cyber Crime,Divorce,Family,

Get Advice
Advocate Aman Verma

Advocate Aman Verma

Banking & Finance, Breach of Contract, Corporate, Consumer Court, GST, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Startup, Tax, Trademark & Copyright

Get Advice
Advocate Mohan Gope

Advocate Mohan Gope

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Deorao Rama Naitam

Advocate Deorao Rama Naitam

Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, Succession Certificate, Tax, Revenue

Get Advice
Advocate Santhosh Kumar K

Advocate Santhosh Kumar K

Family, Civil, Motor Accident, Anticipatory Bail, High Court

Get Advice
Advocate Thakur Vikram Singh

Advocate Thakur Vikram Singh

Civil, Cyber Crime, Documentation, Family, Supreme Court

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.