Article 98

Article 98 of the Constitution of India establishes the Secretariat of Parliament, which provides the administrative and organisational framework necessary for the efficient functioning of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). It ensures that both Houses have dedicated staff and resources to manage their day-to-day operations, legislative activities, and procedural work independently from the executive branch.
This Article is a crucial element of India’s parliamentary autonomy, reflecting the constitutional principle that the legislature must have administrative independence to perform its functions effectively and without executive interference.

Constitutional Provision and Structure

Article 98, situated in Part V, Chapter II (The Parliament), provides a detailed administrative framework for the functioning of the two Houses. It consists of four key clauses that together outline the structure, control, and regulation of the parliamentary secretariats.
The Article states:

1. Each House of Parliament shall have its own Secretariat staff.
2. Parliament may by law regulate the recruitment and conditions of service of persons appointed to the secretarial staff of either House.
3. Until such law is made, the President may, after consultation with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, make rules regulating the recruitment and conditions of service of such staff.
4. The President may, after consultation with the Speaker or the Chairman, appoint common secretarial posts to serve both Houses.

These provisions collectively ensure that both Houses enjoy administrative autonomy while allowing flexibility for efficient governance and resource sharing.

Secretariat of Parliament

Article 98 formally provides for the establishment of separate Secretariats for each House of Parliament:

• Lok Sabha Secretariat: Functions under the overall supervision and control of the Speaker of the Lok Sabha. It assists in legislative drafting, procedural research, coordination of committees, and management of debates, documentation, and records.
• Rajya Sabha Secretariat: Functions under the Chairman of the Rajya Sabha (Vice-President of India). It performs similar functions, supporting the upper chamber in legislative and procedural work.

The Secretariat staff of both Houses are responsible for assisting members, recording proceedings, maintaining records, preparing bills and reports, and ensuring the smooth conduct of business.

Separate and Common Secretarial Staff

The Article envisions two parallel administrative structures for the two Houses to preserve their independence. However, Article 98(4) allows for common posts or services that cater to both Houses of Parliament where joint functions are required, such as in the Parliamentary Library, the Parliament House Complex, and certain shared administrative or technical roles.
This arrangement provides flexibility and efficiency, preventing duplication of work while maintaining the autonomy of each House.

Regulation of Recruitment and Service Conditions

Under Article 98(2), Parliament is empowered to make laws regulating the recruitment and service conditions of the secretarial staff. This includes rules related to:

• Appointment and promotion
• Conduct and discipline
• Pay scales and allowances
• Tenure and retirement benefits

In practice, each House has its own service rules, framed and administered under the authority of its presiding officer. These ensure professional standards and merit-based recruitment.

Interim Powers of the President

Until Parliament enacts a law under Article 98(2), Article 98(3) authorises the President of India to make rules regulating the recruitment and service conditions of the secretarial staff.
However, the President is constitutionally required to act after consultation with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as the case may be. This consultation ensures that the executive does not unilaterally influence the administrative framework of the legislature.
Such rules remain valid until Parliament enacts its own legislation governing the matter. This interim arrangement ensures that the parliamentary secretariats remain functional even in the absence of specific legislative provisions.

Key Features of Article 98

• Establishes independent Secretariats for both Houses of Parliament.
• Ensures administrative autonomy of the legislature from the executive.
• Authorises Parliament to legislate on recruitment and service conditions of its staff.
• Provides for interim rule-making powers of the President with mandatory consultation.
• Allows common secretarial staff or posts for functions of joint nature.
• Guarantees continuity of operations and efficiency in legislative support services.

Legislative and Administrative Implementation

While no separate comprehensive law has been enacted under Article 98, both Houses of Parliament have adopted internal service rules under the authority of their presiding officers:

• The Lok Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1955, govern appointments, promotions, and service conditions within the Lok Sabha Secretariat.
• The Rajya Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1957, serve a similar function for the upper chamber.

Additionally, joint services, such as the Parliamentary Library, Legislative Research Wing, and Security Services, operate under collaborative arrangements between the two Houses.

Significance of Article 98

Article 98 holds great constitutional and administrative significance:

1. Ensures Legislative Independence:It reinforces the principle of separation of powers by granting Parliament its own administrative machinery, free from executive control.
2. Strengthens Parliamentary Functioning:Well-trained and efficient secretarial staff provide essential support to members, enabling informed debates, legislative drafting, and committee work.
3. Maintains Institutional Balance:The consultation requirement between the President and presiding officers ensures cooperation without compromising legislative autonomy.
4. Enhances Administrative Efficiency:The option to establish common posts facilitates optimal utilisation of human and material resources.
5. Preserves Accountability:The Speaker and Chairman, as administrative heads, are responsible to their respective Houses, ensuring internal accountability and transparency.

Relationship with Other Constitutional Provisions

Article 98 operates in conjunction with several related articles that define the structure and autonomy of Parliament:

• Article 79: Constitutes the Parliament of India, comprising the President, Rajya Sabha, and Lok Sabha.
• Article 85: Empowers the President to summon, prorogue, and dissolve Parliament.
• Article 122: Protects the proceedings of Parliament from judicial interference in matters of internal procedure.

Collectively, these provisions secure the functional independence and dignity of the legislative institution.

Historical Context

The concept of a separate parliamentary secretariat was inspired by the Westminster model of governance in the United Kingdom, where the Houses of Parliament operate through their own administrative services independent of the executive government.
During the Constituent Assembly Debates, Dr. B.R. Ambedkar emphasised the importance of administrative autonomy for Parliament, noting that dependence on executive-controlled services could undermine legislative independence. Hence, Article 98 was included to provide Parliament with its own cadre of officers and staff, serving exclusively under its direction and control.

Judicial Interpretation and Case Law

Although no major Supreme Court judgments have directly interpreted Article 98, the judiciary has consistently upheld the principle of legislative autonomy and separation of powers that underpins it.
In cases such as Raja Ram Pal v. Speaker, Lok Sabha (2007) and Kihoto Hollohan v. Zachillhu (1992), the Court reiterated that matters relating to the internal administration and proceedings of Parliament are largely beyond judicial interference, except in instances of clear constitutional violation.
This reinforces the idea that the administrative independence of Parliament, including its secretarial functions, lies primarily within its own domain.

Practical and Contemporary Relevance

In contemporary times, Article 98 remains central to the efficient functioning of Parliament, particularly as the volume and complexity of legislative work have increased. The Secretariats now perform a wide range of specialised functions, including:

• Legislative research and analysis
• Committee assistance and documentation
• Budgetary oversight and legal drafting
• Information technology and digital governance
• Translation, interpretation, and publication services

Modernisation efforts, such as the Digital Parliament initiative, are implemented through these Secretariats, demonstrating the Article’s continuing importance in facilitating a professional, modern legislative environment.

Conclusion

Article 98 of the Indian Constitution establishes the institutional and administrative backbone of the Parliament of India. By providing for separate Secretariats for the Lok Sabha and Rajya Sabha, empowering Parliament to regulate recruitment and service conditions, and allowing for common administrative arrangements, the Article ensures the independence, efficiency, and accountability of the legislative branch.