What Is Constitution Of India Article 98?

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.