The Constitution of India
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.
Why this exists
The framers wanted Parliament to be administratively independent from the executive government, so its own staff—not government departments—would manage its internal functioning, records, and procedures. This protects the separation of powers by ensuring the legislature controls its own house-keeping rather than depending on the bureaucracy of the executive.
Common misconceptions
- Myth: Parliament staff are regular government (executive) employees.
Fact: They are part of a separate parliamentary secretariat, distinct from the civil service under the executive government, precisely to preserve legislative independence. - Myth: The two Houses can never share staff.
Fact: The proviso to clause (1) explicitly allows common posts serving both Houses.