Article 98 of the Constitution of India deals with the secretarial staff of the two Houses of Parliament. It establishes the principle that the Lok Sabha and Rajya Sabha should have separate secretarial establishments, while allowing Parliament to create posts common to both Houses.
- Meaning of Article 98
- Clause-wise Explanation
- Clause (2): Parliament may regulate recruitment and service conditions
- Clause (3): Rule-making by the President until Parliament legislates
- Nature of the President’s Rule-making Power
- Relationship Between Clauses (2) and (3)
- Importance of Separate Secretariats
- Article 98 and Parliamentary Autonomy
- Relationship with Related Articles
- Important Distinctions
- Common Confusions
- Article at a Glance
- Quick Revision
- Conclusion
The Article also provides a framework for regulating the recruitment and conditions of service of persons appointed to the parliamentary secretariats.
Meaning of Article 98
Parliament requires an administrative and professional staff to conduct its legislative and procedural work. Article 98 provides the constitutional basis for these secretarial establishments.
The provision has three principal aspects:
- Each House is to have a separate secretarial staff.
- Parliament may regulate the recruitment and conditions of service of this staff by law.
- Until Parliament makes such a law, the President may make rules on these matters after consulting the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as applicable.
Article 98 therefore combines the principle of separate secretariats with legislative control over their service conditions and an interim rule-making mechanism.
Clause-wise Explanation
Clause (1): Separate secretarial staff for each House
Article 98(1) provides that each House of Parliament shall have a separate secretarial staff.
This means that the Lok Sabha and Rajya Sabha are constitutionally recognised as having separate secretarial establishments.
The separate secretariats support the respective Houses in matters such as legislative procedure, parliamentary administration, committee work and other functions connected with the functioning of the House.
Proviso to Clause (1): Common posts are permitted
The requirement of separate secretarial staff does not mean that every post must necessarily be exclusive to one House.
The proviso to Article 98(1) expressly states that nothing in the clause prevents the creation of posts common to both Houses of Parliament.
Thus, the Constitution establishes separate secretarial establishments while leaving room for common posts where considered appropriate.
The distinction is important:
| Constitutional position | Meaning |
|---|---|
| Separate secretarial staff | Each House has its own secretarial establishment |
| Common posts | The Constitution permits certain posts to be created for both Houses |
| Effect of proviso | Separate establishments do not prohibit every form of common staffing |
Therefore, “separate secretarial staff” does not mean that common posts are constitutionally prohibited.
Clause (2): Parliament may regulate recruitment and service conditions
Article 98(2) gives Parliament the power to regulate by law:
- the recruitment of persons appointed to the secretarial staff of either House; and
- their conditions of service.
The expression “conditions of service” is broad and may cover matters connected with the service of parliamentary staff, subject to the applicable law and rules.
The provision applies separately to the secretarial staff of either House.
Parliament may therefore establish the legal framework governing recruitment and service conditions through legislation.
Clause (3): Rule-making by the President until Parliament legislates
Article 98(3) provides an interim mechanism.
Until Parliament makes a law under Article 98(2), the President may make rules regulating:
- recruitment; and
- conditions of service
of persons appointed to the secretarial staff of the Lok Sabha or the Rajya Sabha.
However, the President cannot exercise this power without the constitutionally prescribed consultation.
Consultation requirement
For the Lok Sabha secretarial staff, the President must consult the Speaker of the House of the People.
For the Rajya Sabha secretarial staff, the President must consult the Chairman of the Council of States.
The consultation is therefore House-specific.
| Secretarial staff | Constitutional consultation |
|---|---|
| Lok Sabha | Speaker of the House of the People |
| Rajya Sabha | Chairman of the Council of States |
Nature of the President’s Rule-making Power
The President’s power under Article 98(3) is intended to operate until Parliament makes provision under Article 98(2).
It is therefore a constitutional interim arrangement rather than an alternative to Parliament’s legislative power.
Once Parliament makes a law under Article 98(2), the rules made by the President operate subject to that law.
Article 98(3) expressly provides that such rules shall have effect subject to the provisions of any law made under Article 98(2).
This ensures that parliamentary legislation prevails where Parliament has exercised its legislative power on the subject.
Relationship Between Clauses (2) and (3)
The relationship between the two clauses can be understood as follows:
Parliamentary law under Article 98(2) → primary legislative framework
Presidential rules under Article 98(3) → interim framework until Parliament legislates
The President’s rules cannot override a law subsequently made by Parliament under Article 98(2).
Importance of Separate Secretariats
The separate secretarial arrangements recognise the institutional independence and distinct procedural requirements of the two Houses.
The secretariat is not merely an ordinary administrative office. It performs functions necessary for the internal working of Parliament, including assistance in legislative and procedural matters.
Article 98 consequently provides a constitutional foundation for maintaining dedicated administrative machinery for each House.
Article 98 and Parliamentary Autonomy
Article 98 is closely connected with the institutional autonomy of Parliament.
The Constitution does not leave the existence of parliamentary secretarial establishments entirely to ordinary executive arrangements. Instead, it expressly recognises the secretarial staff of each House and provides a constitutional framework for recruitment and service conditions.
At the same time, the Article gives Parliament the authority to determine the detailed legal framework through legislation.
Relationship with Related Articles
Article 79 – Constitution of Parliament
Article 79 provides that Parliament consists of the President and two Houses: the Council of States and the House of the People.
Article 98 deals with the secretarial establishments necessary for the functioning of those two Houses.
Article 89 – Chairman and Deputy Chairman of the Council of States
Article 89 concerns the Chairman and Deputy Chairman of the Rajya Sabha.
Article 98 is relevant because the Chairman is the constitutional authority consulted by the President when making rules concerning the secretarial staff of the Council of States under Article 98(3).
Article 93 – Speaker and Deputy Speaker of the House of the People
Article 93 provides for the Speaker and Deputy Speaker of the Lok Sabha.
Under Article 98(3), the President must consult the Speaker before making rules concerning the secretarial staff of the House of the People.
Article 97 – Salaries and allowances of presiding officers
Article 97 concerns the salaries and allowances of the Chairman, Deputy Chairman, Speaker and Deputy Speaker.
Article 98 deals with an entirely different subject: the secretarial staff and their recruitment and service conditions.
Article 100 – Voting in Houses
Article 100 deals with voting, vacancies and quorum in Parliament.
Article 98, by contrast, concerns the administrative and secretarial machinery supporting the Houses.
Important Distinctions
Separate secretariat vs completely separate posts
Article 98(1) requires each House to have a separate secretarial staff, but its proviso expressly permits the creation of common posts.
Therefore, separate secretariats do not mean that every individual post must be exclusively attached to one House.
Recruitment vs conditions of service
Article 98(2) expressly covers both:
- recruitment; and
- conditions of service.
These are related but distinct matters. Recruitment concerns entry into the secretarial service, while conditions of service concern the terms governing persons appointed to it.
Parliamentary law vs Presidential rules
Parliament may regulate the subject by law under Article 98(2).
Until such legislation is made, the President may make rules under Article 98(3), after the constitutionally required consultation.
The rules remain subject to any subsequent law made by Parliament.
Common Confusions
Does each House of Parliament have to have a separate secretariat?
Yes.
Article 98(1) expressly provides that each House shall have a separate secretarial staff.
Can there be posts common to both Houses?
Yes.
The proviso to Article 98(1) expressly permits the creation of posts common to both Houses.
Who regulates recruitment and conditions of service?
Parliament may regulate them by law under Article 98(2).
Can the President make rules regarding parliamentary secretarial staff?
Yes, but only under the interim arrangement provided by Article 98(3).
Until Parliament makes provision under Article 98(2), the President may make rules regulating recruitment and conditions of service.
Must the President consult anyone before making such rules?
Yes.
For the Lok Sabha secretariat, the President must consult the Speaker.
For the Rajya Sabha secretariat, the President must consult the Chairman.
Do Presidential rules override a law made by Parliament?
No.
Article 98(3) expressly makes such rules subject to any law made by Parliament under Article 98(2).
Does Article 98 deal with the salaries of parliamentary staff?
Not specifically.
Article 98 primarily deals with the secretarial establishment, recruitment and conditions of service. It should not be confused with Article 97, which deals with the salaries and allowances of the specified presiding officers.
Article at a Glance
| Point | Position |
|---|---|
| Article | Article 98 |
| Subject | Secretariat of Parliament |
| Secretarial arrangement | Separate staff for each House |
| Common posts | Permitted by the proviso to Article 98(1) |
| Recruitment | May be regulated by Parliament by law |
| Conditions of service | May be regulated by Parliament by law |
| Interim rule-making authority | President |
| Consultation for Lok Sabha | Speaker |
| Consultation for Rajya Sabha | Chairman |
| Presidential rules | Operate until Parliament makes provision and remain subject to parliamentary law |
| Main purpose | Constitutional framework for parliamentary secretarial administration |
Quick Revision
- Article 98 deals with the Secretariat of Parliament.
- Each House of Parliament must have a separate secretarial staff.
- The proviso permits the creation of posts common to both Houses.
- Parliament may by law regulate recruitment and conditions of service of secretarial staff.
- Until Parliament makes such provision, the President may make rules.
- For Lok Sabha staff, the President must consult the Speaker.
- For Rajya Sabha staff, the President must consult the Chairman.
- Presidential rules under Article 98(3) remain subject to any law made by Parliament under Article 98(2).
- Article 98 should be distinguished from Article 97, which deals with salaries and allowances of specified presiding officers.
- The Article provides a constitutional basis for the administrative independence and functioning of the two parliamentary Houses.
Conclusion
Article 98 provides the constitutional framework for the secretarial administration of Parliament. It requires separate secretarial staff for the Lok Sabha and Rajya Sabha while expressly permitting common posts. Parliament has the primary authority to regulate recruitment and conditions of service by law, while the President may make interim rules after consulting the appropriate presiding officer. The provision therefore balances separate institutional arrangements for each House with legislative control and administrative flexibility.
