Article 98 of the Costitution of India with Case law
🔹 Article 98 of the Constitution of India
Title: Secretariat of Parliament
📘 Bare Text of Article 98:
(1) Each House of Parliament shall have a separate secretarial staff:
(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 Lok Sabha or the Chairman of the Rajya Sabha (as the case may be), make rules regulating the recruitment and the conditions of service of persons serving in the secretarial staff of the respective Houses of Parliament.
🔍 Key Features:
Separate Secretariats: Each House of Parliament — Lok Sabha and Rajya Sabha — has its own secretarial staff.
Legislative Regulation: Parliament is empowered to make laws to regulate recruitment and service conditions.
President’s Power (Temporary): Until such laws are made, the President, in consultation with the Presiding Officers, can frame rules.
🧾 Purpose of Article 98:
Ensures the independence of Parliament by giving it control over its administrative machinery.
Prevents executive interference in legislative matters by separating parliamentary staff from executive-controlled services.
⚖️ Case Law Related to Article 98:
1. Sub-Committee on Judicial Accountability v. Union of India, (1991) 4 SCC 699
Context: Though not directly interpreting Article 98, the case emphasized the independence of legislative bodies in the context of internal management and the role of secretariats.
Relevance: Reinforced the constitutional principle that Parliamentary Secretariats are independent bodies, and cannot be interfered with by the executive.
2. Kameshwar Prasad v. State of Bihar, AIR 1962 SC 1166
Though focused on civil servants and freedom of association, it laid a foundational principle of service jurisprudence, which is applicable in the context of service rules framed under Article 98.
3. Union of India v. S. L. Dutta, AIR 1991 SC 363
Touched upon service matters and interpretation of service rules, indirectly connected to the rules framed under Article 98(3) in absence of a law by Parliament.
📜 Parliamentary Act Under Article 98:
The Lok Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1955
Rajya Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1957
These were made by the President under Article 98(3) and are currently in force unless replaced by a formal Parliamentary law.
✅ Summary:
Article 98 provides for separate and independent secretarial staff for each House of Parliament, with Parliament having the authority to regulate their service conditions. In the interim, the President can frame rules, ensuring smooth administration. This provision ensures the autonomy and dignity of the legislature, keeping it free from executive dominance.
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