Constitutional role, professional functions and ethical standards
- Parliamentary officials in a democracy -

Y Devendro *

Sixth session of the 12th Manipur Legislative Assembly from July 31 till August 12 2024 :: Pix - Lamdamba Oinam

In a parliamentary democracy, the spotlight often rests on elected representatives who deliberate, legislate, and hold the executive accountable on behalf of the people. However, the effective functioning of this democratic machinery depends critically on the often-unseen yet foundational work of parliamentary officials and the legislative secretariat.

These officials, through their procedural expertise, institutional memory, and impartial assistance, ensure that the deliberative processes of the legislature are conducted in accordance with constitutional principles and well-established rules of procedure.

Their role is not only supportive but also constitutive - they safeguard the legislative process itself and thus uphold the dignity and legitimacy of parliamentary institutions.

Constitutional Basis of Legislative Secretariats

The existence and autonomy of the parliamentary secretariat are enshrined in the Constitution. Article 98 of the Constitution of India provides for separate secretarial staff for each House of Parliament - the Lok Sabha and the Rajya Sabha - indicating the need for institutional independence and procedural competence.

At the State level, Article 187 ensures that every State Legislature must similarly have its own independent secretarial staff, including both officers and employees, to enable each House to function effectively.

These articles affirm that the legislature is not to be administratively or functionally subordinate to the executive. The staff of the Secretariat works under the exclusive control of the Presiding Officer, not under any minister, reflecting the doctrine of separation of powers. This constitutional foundation is vital for preserving the autonomy, neutrality, and integrity of legislative proceedings.

The Growing Demand for Competence and Professionalism

In the past, the role of the parliamentary secretariat was limited to routine clerical and record-keeping functions. However, with the evolution of legislative governance, the growth of complex policy matters, the proliferation of committee systems, and the digitisation of legislative work, the secretariat must now function as a multi-skilled, knowledge-driven, and technology-enabled institution.

Parliamentary officials are expected to handle legislative drafting, procedural advice, research and analysis, coordination of committee work, and digital documentation with accuracy and efficiency. Increasingly, they are also called upon to support interactions with civil society, media, and international parliamentary delegations.

Hence, professional competence, continuous learning, and adaptability are no longer optional - they are essential preconditions for fulfilling institutional responsibilities.

Core Functions and Duties of Parliamentary Officials

The responsibilities of parliamentary officials extend across the entire legislative cycle, from the initiation of business to its conclusion.

Their core functions include:

- Advising the Presiding Officer on rules, precedents, and practices to ensure that proceedings are conducted within the bounds of parliamentary procedure;
- Scrutinising Questions, Resolutions, Motions, and Bills to determine admissibility and procedural compliance;
- Preparing the daily agenda of the House (Order — -- — Papers), managing Committee Reports, and arranging the legislative calendar in line with constitutional and statutory obligations;
- Maintaining accurate records, such as verbatim proceedings, indexes of debates, and committee minutes, which together constitute the institutional memory of the House; and
- Ensuring that all legislative and procedural actions meet constitutional, legal, and rule-based standards.

These officials act as non-partisan facilitators, providing factual guidance to members only when requested, and never offering unsolicited opinions. Their commitment to equality of treatment for all members, regardless of party or status, is central to the credibility of the institution.

Standards of Conduct and Ethical Norms

Parliamentary officials serve as the silent yet indispensable pillars of legislative functioning. Their role demands not only technical proficiency and procedural knowledge but also a deep internalisation of the ethical values that underpin parliamentary democracy. It is essential to cultivate in them a culture rooted in constitutional fidelity, professional neutrality, and a commitment to institutional dignity.

The following norms - drawing from both traditional values and evolving professional expectations - offer a comprehensive framework for ethical and effective Secretariat conduct. Some of the guiding values and operational standards expected of parliamentary officials include:

(i) Respect for the institutions of Parliament and State Legislatures, and for the representatives of the people;
(ii) Unfailing commitment to the service of members irrespective of their party affiliations;
(iii) Dedication, courtesy, self-control, patience, coolness, and tolerance in dealing with members and others;
(iv) Precision and accuracy, and the habit of placing before the Speaker full facts and rendering impartial advice;
(v) Promptness in taking decisions and in the disposal of work - a work culture that does not allow postponement of any item for tomorrow;
(vi) Presence of mind, and the quality of being a listener with a smile;
(vii) A non-partisan, objective approach - a parliamentary official must learn to be in the midst of it all and yet detached from political partisanship; and
(viii) An ability to find solutions that are not only theoretically correct but also practically feasible.

In addition, modern professional expectations call for:

(ix) Non-partisanship and confidentiality, ensuring trust and impartiality in sensitive matters;
(x) Courtesy, patience, and prompt responsiveness, especially when addressing urgent queries or emotionally charged situations;
(xi) Accuracy, discretion, and professionalism in all documentation and public-facing materials; and
(xii) A culture of proactive service, where initiative, responsiveness, and problem-solving are encouraged within established procedural norms.

These values must be internalised, institutionalised, and consistently reinforced through structured training, mentoring, and ethical leadership. They form the moral foundation upon which institutional integrity, parliamentary excellence, and public confidence are built.

The Role of the Secretary and Senior Officials

At the apex of the legislative secretariat stands the Secretary-General in Parliament, and in the State Legislative Assemblies, the head of the Secretariat - designated variously as Secretary, Principal Secretary, or by other equivalent titles - serves as the chief procedural and administrative authority of the House and its Secretariat.These individuals are not merely administrative heads; they are the chief custodians of parliamentary procedure.

In institutions like the Manipur Legislative Assembly, the Secretary is responsible for advising the Speaker on constitutional and procedural matters, overseeing the administrative machinery of the House, and ensuring that all communications and transactions within the House conform to established protocols.

The Secretary's role requires encyclopaedic knowledge of the rules, sound judgment, and complete discretion. Being answerable only to the Speaker, the Secretary occupies a unique position of trust and responsibility. His or her actions cannot be challenged either on the floor of the House or outside it. The efficiency, decorum, and fairness of the House often depend on the Secretary's skill and experience.

Guidance to Members and Procedural Literacy

An important aspect of the secretariat's role is to empower members to perform their legislative functions effectively. Parliamentary procedure is complex, and newly elected members often require guidance to navigate the rules. However, officials must be careful to provide only factual and rule-based information when requested and must never appear to offer political or strategic advice.

This critical line was well-articulated by Dr. Subhash C. Kashyap before the Committee of Privileges of the Lok Sabha in 2005: "If a member has a fundamental right to speak whatever he/ she wants to, then I am of the opinion that it is the duty of the Secretariat to guide him/her as to how he/she could raise the matter under the rules."

This insight affirms that freedom of speech in the legislature is governed by procedural discipline, and it is the Secretariat that guards the boundary between liberty and disorder. Institutional Evolution and Capacity Building Over the decades, efforts have been made to modernise and professionalise the parliamentary secretariat.

Institutions like the Parliamentary Research and Training Institute for Democracies (PRIDE), formerly known as the Bureau of Parliamentary Studies and Training (BPST), in New Delhi offer structured training programmes for new recruits, mid-career officers, and even members of legislative bodies.

The Lok Sabha and Rajya Sabha Secretariats have developed specialised cadres for translation, research, library services, and committee co-ordination. Many State Legislatures, including Manipur, have adopted best practices through inter-legislative exchange programmes and e-governance initiatives. However, significant gaps remain.

The following areas demand focused attention:

-Cadre modernisation to match current governance needs;
-Procedural literacy and rule familiarisation across all tiers of staff
-Integrated legislative research services for committees and members; and
-Digital documentation and AI-assisted debate processing to streamline operations.

Without such reforms, secretariats risk becoming bureaucratic relics in a rapidly changing political and technological environment.

Symbolism and the Significance of Parliamentary Officials

While the Speaker symbolises the dignity, freedom, and impartiality of the House, it is the officials of the legislative secretariat who operationalise and safeguard that symbolism through their daily conduct.

These officials are the custodians of procedural order, institutional memory, and democratic continuity. They ensure that the rules of the House are upheld, the Speaker is supported with accurate information and timely advice, and that proceedings are conducted with dignity and neutrality.

This interdependence between the symbolic and the structural was poignantly captured by Prime Minister Jawaharlal Nehru, who observed on 8 March 1948, on the occasion of the unveiling of the portrait of Speaker Patel: "The Speaker represents the House. He represents the dignity of the House, the freedom of the House and because the House represents the nation, in a peculiar way, the Speaker becomes the symbol of the nation's freedom and liberty.”

Yet, for the Speaker to fulfil this vital constitutional role, the secretariat must function with precision, impartiality, and institutional integrity. The symbolic strength of the legislature as a pillar of democracy is inseparable from the silent, consistent, and principled work of its secretariat.

Without their behind-the-scenes discipline and Constitutional adherence, the visible authority of the Chair and the orderly conduct of legislative business would be severely compromised. Therefore, in safe-guarding the operational independence and credibility of the House, Parliamentary officials uphold the foundational values of India's Parliamentary democracy.

In conclusion, Parliamentary officials are not passive record-keepers -they are active architects of legislative order. They provide the scaffolding upon which the visible structure of democratic governance is built.

In times of legislative disruption or political instability, their role becomes even more vital, for it is their consistency and constitutional grounding that keep the legislature functioning. A weak or under-resourced legislative secretariat weakens the entire parliamentary system.

Conversely, a well-trained, respected, and autonomous secretariat strengthens legislative performance, enhances public trust, and fortifies democratic resilience. In this light, investing in the capacity, autonomy, and professionalism of parliamentary officials is not merely desirable-it is a national democratic imperative.