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The Constitution, Made Understandable.

Article 98

Independent Secretariat and Staff for Each House of Parliament

Official heading: “Secretariat of Parliament”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part V, Article 98, printed pages 43–44
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1. In One Sentence

Article 98 guarantees a separate, independent secretarial staff for each House of Parliament, with recruitment and conditions of service regulated by parliamentary law or presidential rules.

2. What It Means in Everyday Language

Article 98 ensures the institutional independence of the legislative branch from executive bureaucracy. It commands that each House of Parliament must maintain a separate secretarial staff, headed respectively by the Secretary-General of the Lok Sabha and the Secretary-General of the Rajya Sabha.

The Proviso to clause (1) permits the creation of posts common to both Houses, such as shared security, library, translation, or estate management services.

Under clause (2), Parliament may enact laws to regulate recruitment and service conditions. Under clause (3), until such legislation is made, the President makes rules governing recruitment and service conditions after mandatory consultation with the Speaker or the Chairman, protecting parliamentary staff from general civil service control.

3. Practical Illustrative Example

Everyday Scenario:

The Lok Sabha Secretariat issues recruitment notifications for parliamentary reporters and research staff.

Core takeaway: Under Article 98, parliamentary staff operate under an autonomous legislative secretariat independent of the central ministries.
Illustrative Notice: Disciplinary authority and administrative control rest with the presiding officers of each House, not with the Union Public Service Commission or executive departments.

4. Important Limits, Qualifications & Exceptions

Article 98 maintains the separation of powers by granting autonomy to parliamentary administration.

  • Separation of staff: Each House maintains an independent secretarial establishment.
  • Common posts allowed: Joint administrative services permitted for efficiency.
  • Consultative rule-making: President makes service rules only after consulting the Speaker or Chairman.
  • Protects the legislature from administrative interference by executive ministries.

5. Operative Constitutional 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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 98, printed pages 43–44 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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