Part V - Parliament • Article

Article 98 Simplified: Secretariat of Parliament

Parliament isn't just politicians; it's also a massive team of experts, researchers, and clerks. Article 98 ensures that the Lok Sabha and Rajya Sabha have their own independent staff that is separate from the regular government civil service (IAS/IPS). This keeps the Parliament independent from the Executive.

Official Text

(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.

Simple Meaning

Parliament isn't just politicians; it's also a massive team of experts, researchers, and clerks. Article 98 ensures that the Lok Sabha and Rajya Sabha have their own independent staff that is separate from the regular government civil service (IAS/IPS). This keeps the Parliament independent from the Executive.

Explain Like Ten

Just like a school needs not just teachers but also office staff, librarians, and assistants — Parliament needs a huge team of experts, clerks, and researchers to run its daily work. Article 98 ensures that the Lok Sabha and Rajya Sabha each have their OWN separate team, completely independent from the regular government (like IAS officers). This is what makes Parliament truly free from executive control.

Student Mode

Article 98 establishes the Secretariat of Parliament: (1) Each House shall have a separate secretarial staff (though some posts can be common to both). (2) Parliament can regulate recruitment and service conditions of secretarial staff. (3) Until Parliament does so, the President (after consulting the Speaker/Chairman) can make rules. The Secretariat staff are not ordinary civil servants — they serve Parliament, not the Executive. This is fundamental to legislative independence.

Example

For a real constitutional problem about secretariat of parliament, Article 98 gives the starting rule and connects it to the wider system of Parliament's working rules.

Key Takeaway

Parliament has its own independent team to help it work.

FAQs

Why do both Houses have separate secretariats?

To maintain the independence of each House and prevent the Executive from influencing their functioning through control of staff. Separate secretariats ensure each House is self-governing.

Can staff be shared between both Houses?

Yes. The proviso to Article 98(1) allows for posts common to both Houses, so some administrative functions can be shared.

Who heads each House's Secretariat in practice?

The Secretary-General of the Lok Sabha and the Secretary-General of the Rajya Sabha head their respective Secretariats — these are among the highest-ranked constitutional officials.

Quiz

Under Article 98, each House of Parliament has:

Answer: A separate secretarial staff

Until Parliament makes rules under Article 98(2), who can regulate Secretariat staff recruitment?

Answer: The President after consulting the Speaker/Chairman

Related Topics

  • Article 79
  • Article 187