Parliamentary Secretariat

Parliamentary Secretariat

• Under our constitution, the two houses of Parliament are given the authority to draught their own rules of procedure and have separate secretarial staffs. The visible aspect of a vibrant legislature is Members of Parliament (MPs) actively debating key national issues that affect the country. However, the backbone of Parliament is an autonomous secretariat that works in the background to support legislative functions.

Historical Context

• Two members of Parliament, Maheshwar Nath Kaul and Sham Lal Shakdher, worked tirelessly to establish an effective parliamentary administration for independent India's national assembly.
• Before Independence, Vithalbhai Patel, the first president of the Central Assembly, ensured that the secretariat of the legislature was accountable to the presiding officer, not the administration.
• Kaul joined the Legislative Assembly Department in 1937 which was known as the Legislative Assembly Department. Kaul rose through the ranks to become the secretary of the constituent assembly.
• Speaker G V Mavalankar has directed that the House convene at 8.15 a.m. to begin. It meant that a team of secretariat employees would have to arrive hours ahead of schedule to open, clean, and prepare the Parliamentary precincts for the day.
• Another group would be in charge of setting the agenda for the day, responding to questions, and preparing parliamentary papers. Each document would also be duplicated for each member of Parliament.

Secretariat of the Lok Sabha

• The Lok Sabha Secretariat, which is an independent entity of the Lok Sabha, is advised by the Speaker of the Lok Sabha.
• The Secretary-General, Lok Sabha (whose pay scale, position, and status are equivalent to those of the highest-ranking official in the Government of India, i.e. Cabinet Secretary), Additional Secretary, Joint Secretary, and other Secretariat officers and staff at various levels assist the Speaker of the Lok Sabha in carrying out his constitutional and statutory responsibilities.
• The Secretary-General serves until the age of 60, at which point he or she retires.
• He or she is solely responsible to the Speaker, and his or her actions cannot be debated or criticised in or out of the Lok Sabha.
• In the Speaker's absence, he convenes a session of Parliament and authenticates bills on behalf of the President of India.

Secretariat of the Rajya Sabha

• The Rajya Sabha Secretariat was established in accordance with Article 98 of the Constitution.
• The Rajya Sabha Secretariat is overseen and controlled by the Rajya Sabha Chairman.
• The following functions are performed: providing secretarial assistance and support to the Council of States (Rajya Sabha)
• Providing Rajya Sabha Members with Amenities
• Serving on a variety of Parliamentary Committees
• Creating research and reference materials, as well as publishing various publications
• Recruiting personnel for the Sabha Secretariat and dealing with personnel issues
• Creating and publishing a record of daily operations.

Problems and Disputes

• In 2015, the Hyderabad High Court overturned a Telangana government order appointing Parliamentary Secretaries.
• Last year, the Calcutta High Court overturned a law passed by the West Bengal Assembly that provided for the appointment of Parliamentary Secretaries. In Goa in 2009 and Himachal Pradesh in 2005, such appointments were declared illegal.
• Parliamentary Secretaries had the same rank and standing as government ministers, according to the judges. According to the Calcutta High Court, the appointment of MLAs as Parliamentary Secretaries was an attempt by state governments to circumvent the constitutional limit on the number of ministers.
• Despite the fact that Parliamentary Secretaries do not have the pay and benefits of Ministers, they make up to 30% of the House in Delhi.