Article 98 of CoI : Article 98: Secretariat of Parliament.

Explanation using Example

Example 1:

Scenario: Recruitment of Secretarial Staff for Lok Sabha

Situation: The Lok Sabha (House of the People) needs to hire new secretarial staff to manage its increasing workload.

Application of Article 98:

1. Separate Secretarial Staff: The Lok Sabha has its own secretarial staff distinct from the Rajya Sabha (Council of States).
2. Common Posts: However, if there is a need for a specific role that can serve both Houses, such as a specialized legal advisor, a common post can be created.
3. Regulation by Law: Parliament passes a law outlining the recruitment process and conditions of service for the new secretarial staff.
4. Interim Rules by President: Until the new law is enacted, the President, after consulting with the Speaker of the Lok Sabha, issues temporary rules for recruitment and service conditions.

Outcome: The Lok Sabha successfully recruits new secretarial staff following the guidelines set by the President, and later, the recruitment process is governed by the new law passed by Parliament.

Example 2:

Scenario: Common Post Creation for IT Support

Situation: Both the Lok Sabha and Rajya Sabha require advanced IT support to manage digital records and communications.

Application of Article 98:

1. Separate Secretarial Staff: Each House has its own IT support team.
2. Common Posts: Recognizing the need for a unified IT strategy, Parliament decides to create a common post for a Chief IT Officer who will oversee IT operations for both Houses.
3. Regulation by Law: Parliament enacts a law detailing the recruitment process and service conditions for the Chief IT Officer and other common IT support roles.
4. Interim Rules by President: Before the law is passed, the President, in consultation with the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha, establishes temporary rules for these common IT roles.

Outcome: The Chief IT Officer is appointed under the interim rules, and later, the position and its conditions are formalized through the new law passed by Parliament.