In this Post, You know about Article 98 Of Indian Constitution In English. If you do not know about what is Article 98, then this post you will give you complete information about that Indian Constitution Article.
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Article 98 Of Indian Constitution In English
Article 98 – Secretariat of Parliament.
(1) Each House of Parliament shall have a separate secretariat 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 Conduct of Business.
Article 98 In English
98 Article – Secretariat of Parliament.
(1) Each House of Parliament shall have a separate Secretariat staff: Provided that nothing in this clause shall be construed as preventing the creation of offices common to both Houses of Parliament.
(2) Parliament may by law regulate the recruitment of secretarial staff of either House of Parliament and the conditions of service of persons appointed.
(3) Unless a 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 State, as the case may be, make rules regulating 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 conduct of business subject to the provisions of any law made under the said section.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 98 Of Indian Constitution?
In Article 98 you see “Secretariat of Parliament” that means (1) Each House of Parliament shall have a separate secretariat staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament. more above.
Article 98 Debate Summary
The draft Article 79A (Article 98, Constitution of India 1950) was debated on 30 July 1949. It determined the office of the Secretariat of Parliament. It was not a part of the original draft Constitution, 1948. Instead, it was introduced as an amendment by the Drafting Committee.
The chairman of the drafting committee said that the impetus to include this provision arose from a conference organized by speakers from different provinces. Codifying this provision in the Constitution would ensure that the office of the Secretariat is not controlled by the Executive, instead, it would be appointed and regulated by the Parliament itself.
One member believed that this draft article would protect the independence of the Secretariat’s office. He mentioned his experiences as mayor and how the secretariats of mayors were under complete control of the executive.
This led to several issues including denial of adequate resources for the functioning of his office. This draft article will deal with these problems at the Parliament level. The draft article itself argued for stipulating conditions relating to appointment, promotion and conditions of service. The member said that such matters should not be left for the decision of the Parliament.
He went a step further and demanded that the ‘Union Public Service Commission’ be made in charge of the Secretariat and not the Parliament. This will ensure fairness in the appointment and operation of the office. The Assembly did not accept these proposals. It adopted the draft article on 30 July 1949.
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