What is Article 98 of Indian Constitution – Defination & Meaning

Article 98: Secretariat of Parliament (1) Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be
📅 Part V – The Union
🏷️Active

📚 UPSC Relevant

Article Number

98

part

Part V – The Union

Status

Active

Bare Acts Text

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.
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Full Definition & Explanation

Article 98 of the Indian Constitution establishes the secretariat for each House of Parliament. This article ensures that both the Lok Sabha and Rajya Sabha have their own separate secretarial staff. This division allows for specialized support for each House, helping them function effectively and independently. However, it also allows for the creation of common posts, ensuring flexibility in staffing. This means that certain roles can be shared between both Houses to optimize resources and improve efficiency. The article also gives Parliament the authority to regulate the recruitment and service conditions for the secretarial staff. This regulation is key as it outlines how staff members are appointed and what their working conditions will be. This structure aims to maintain professionalism and efficiency in the functioning of Parliament. It helps ensure that staff are well-trained and suited for their roles, which ultimately supports the legislative process. Additionally, until Parliament establishes these regulations, the President of India can make rules regarding the recruitment and conditions of service. This provision is necessary to maintain continuity and ensure that Parliament can function smoothly while laws and regulations are being developed. It highlights the importance of the secretarial staff in the functioning of democracy, as they play a key role in supporting the elected representatives in their duties.

Historical Context

This article ensures that both the Lok Sabha and Rajya Sabha have their own separate secretarial staff. This division allows for specialized support for each House, helping them function effectively and independently. However, it also allows for the creation of common posts, ensuring flexibility in staffing. This means that certain roles can be shared between both Houses to optimize resources and improve efficiency. Article 98 of the Indian Constitution establishes the secretariat for each House of Parliament. The article also gives Parliament the authority to regulate the recruitment and service conditions for the secretarial staff. This regulation is key as it outlines how staff members are appointed and what their working conditions will be.

Key Features

– Each House of Parliament has its own separate secretarial staff.
– Common posts can be created for both Houses if necessary.
– Parliament regulates recruitment and service conditions for secretarial staff.
– The President can make rules for recruitment until Parliament regulates it.
– This structure supports effective legislative functioning and accountability.

Importance & Impact

– Separate secretarial staff greatly improves the operational efficiency of both Houses.
– Creating common posts allows for better flexibility in managing parliamentary resources.
– The regulations ensure that the recruitment process is professional and fair.
– Presidential rules provide continuity in the operations of the secretariat staff.
– The secretariat’s role is key for supporting the overall functioning of democracy.

Sample UPSC Question

Consider the following statements about Article 98: 1. Each House of Parliament shall have a separate secretariat staff under Article 98. 2. The President controls the appointment of Parliament Secretariat staff directly. 3. The Speaker controls the Lok Sabha Secretariat under Article 98. 4. Parliament can make law to regulate the recruitment of secretariat staff. Which statements are correct? a) 1 and 3 only b) 1, 3 and 4 only c) 2 and 4 only d) 1, 2 and 4 only

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct per Article 98(1). Statement 2 is wrong — while the President may make interim rules under Article 98(3), the Speaker and Chairman exercise authority over their respective secretariats. Statement 3 is correct — the Speaker controls the Lok Sabha Secretariat. Statement 4 is correct per Article 98(1) which authorises Parliament to make such law.

Key Takeaways

✓ Article 98 ensures separate secretarial staff for each House of Parliament.
✓ Common posts can be created to manage resources effectively.
✓ Parliament regulates recruitment and the conditions for secretarial staff.
✓ Temporary rules may come from the President until regulations are set.
✓ The secretariat plays a critical role in supporting legislative functions.

FAQs

Article 98 of the Indian Constitution establishes the secretariat for each House of Parliament. This article ensures that both the Lok Sabha and Rajya Sabha have their own separate secretarial staff. This division allows for specialized support for each House, helping them function effectively and independently. However, it also allows for the creation of common posts, ensuring flexibility in staffing.

This regulation is key as it outlines how staff members are appointed and what their working conditions will be. This structure aims to maintain professionalism and efficiency in the functioning of Parliament. It helps ensure that staff are well-trained and suited for their roles, which ultimately supports the legislative process.

Additionally, until Parliament establishes these regulations, the President of India can make rules regarding the recruitment and conditions of service. This provision is necessary to maintain continuity and ensure that Parliament can function smoothly while laws and regulations are being developed. It highlights the importance of the secretarial staff in the functioning of democracy, as they play a key role in supporting the elected representatives in their duties.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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