Separate secretariats for the two houses of Parliament are mandated under Article 98. It is founded on the idea that the secretariat should be separate from the executive branch.
The Secretary-General is the equivalent of a Cabinet Secretary in terms of rank. They have rights such as freedom from arrest and protection from criminal prosecution, and any interference with their rights would be considered contempt of court. They are tasked with a variety of parliamentary and administrative duties that need a thorough understanding of parliamentary rules, practise, and precedents. This is a skill that the majority of civil servants lack.
- Strong legislative institutions necessitate the presence of well-trained personnel.
- To be an effective entity for conducting meaningful examination and holding the administration responsible, Parliament must have technical and human resource capability.
- A wide range of law-making entities exist, including Panchayats, Block Panchayats, Zila Parishads, and Municipal Corporations.
Why Civil servants are not the right choice
- Civil servants bring with them a lot of baggage and clout from their previous jobs.
- Officials tasked with exercising one type of power may not expect to be able to exercise the others as well.
- Civil servants do not have the technical and Human resource capability as they are generalists
- Qualified and well-trained personnel are required to ensure effective and robust legislative institutions.
- The increase of government operations and the emergence of contemporary government necessitate a corresponding development and rigorous legislative process.
- It is critical to establish an unified all-India service cadre – an Indian Legislative Service. Article 312 of the Constitution allows the Rajya Sabha to enact a resolution to this effect.
- Despite the size of these legislative bodies, they do not have a national public recruiting and training agency.
- The Clerk of the House of Commons has always been chosen from the legislative staff pool developed to serve Parliament in the United Kingdom. It is past time for India to adapt and implement democratic institutional practises of this nature.
- In India, there are hundreds of legislative bodies ranging from panchayats, block panchayats, zila parishads, municipal corporations, state legislatures, and the Union Parliament.
As a result, a common service can develop a combined and experienced legislative staff cadre capable of serving in local bodies as well as the Union Parliament. The Rajya Sabha can enact a resolution to this effect under Article 312. In the United Kingdom, for example, the Clerk of the House of Commons is always chosen from the legislative staff pool established to serve the Parliament.
How to structure
- Give an intro about Indian Legislative Service
- Explain the basic features of it
- Discuss the need for its creation and explain how it strengthens democracy from Parliament to local body levels
- Mention challenges faced
- Suggest further measures