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 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.

4. Article 98 of the Constitution provides that there shall be a Secretariat staff attached to each House of Parliament to assist the Speaker of the Lok Sabha and the Chairman of Rajya Sabha who are the heads of the two houses of the Parliament. Under the proviso, posts common for both Houses of Parliament are permissible. Article 98(2) postulates that the Parliament by enacting law can regulate recruitment and conditions of service of the persons appointed to the Secretariat staff of each House of Parliament. Till any legislation is enacted by the Parliament, under Clause 3 of Article 98 the President may after consultation with Speaker of the House of the People or the Chairman of the House of Council of States, as the case may be, can make rules regulating the recruitment and conditions of service of persons appointed to the Secretariat of the two Houses. Any Rule so made shall have the effect, subject to the provisions of any enactment made under Clause 2 of Article 98 by the Parliament. Article 98(2) does not mandate that the Parliament must enact legislation within a time frame. Whether, when and what legislation should be enacted is left to the Parliament. Rules made under Article 98(3) cannot be declared as invalid as the Parliament has not legislated.

5. The object and purpose of Article 98 is to ensure that the officers working in the Secretariat enjoy independence and work without interference, or pressure from any quarter except the Constitutional mandate and sanction. Article 98 of the Constitution has been enacted with the object that the Secretariat attached to the Central Legislature should have staff, which is not under the control and influence of the Executive. The effective control should be with the heads of the Lok Sabha and Rajya Sabha.

6. This is clear and apparent if we examine the specific clauses of the Rules, which are subject matter of challenge. The said clauses read as under:

LOK SABHA SECRETARIAT

(RECRUITMENT AND CONDITIONS OF SERVICE)

RULES, 1955

1. xxxxx

2. xxxxx

= 3. Strength and Composition of the Secretariat.--(1) There