Sanjiv Khanna, J.

1. The aforesaid writ petitions were heard on different dates, but as similar legal issues and questions arise for consideration, they are being disposed of by this common judgment. The factual aspects of the two cases have been separately discussed and examined below.

2. The two main contentions raised in the writ petitions pertain to interpretation of Article 98 of the Constitution and whether or not Rajya Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1957 and in particular whether Sub-Rule 2 to Rules 4 and 5 suffer from vires of excessive delegation and accordingly whether or not the Rajya Sabha (Method of Recruitment and Qualification for Appointment) Order 1974 and other orders passed by the Chairman, Rajya Sabha are void. Similarly, in the case of V P Goel the challenge is made to Lok Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1955 and in particular challenge is made to Rules 3, 8 and 9 on the ground of excessive delegation.

3. Article 98 of the Constitution reads as under:

98. Secretariat of Parliament.--(1) Each House of Parliament shall have a separate secretarial staff:

Provided that nothing in this clause shall be con