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Secretary-General of Rajya Sabha has Administrative role only - Supreme Court

18 Jan 2026 GS 2 Polity
Secretary-General of Rajya Sabha has Administrative role only - Supreme Court Click to view full image

Context

  • A notice of motion was submitted by Rajya Sabha MPs seeking the removal of a judge.

  • The Secretary-General of the Rajya Sabha prepared a draft decision stating that the notice was inadmissible.

  • Based on this draft, the Rajya Sabha Deputy Chairman rejected the motion.

  • The matter reached the Supreme Court of India, which examined the constitutional propriety of the Secretariat’s role.

Supreme Court’s observations

  • The Secretary-General of the Rajya Sabha has only an administrative role.

  • This role does not extend to quasi-adjudicatory or decision-making functions, especially on matters involving:

    • Admissibility of motions

    • Constitutional procedures such as removal of judges

  • The Court stated that it would be “just and proper if the Secretariat exercises restraint” in such sensitive constitutional matters.

Authority competent to decide admissibility

  • The Supreme Court clarified that:

    • The decision on admission of a removal motion against a judge must rest with:

      • The Speaker of the Lok Sabha, or

      • The Chairman of the Rajya Sabha, as the case may be

  • The Secretariat should not pre-judge or predetermine the outcome by preparing substantive draft decisions.

Issues with the Secretary-General’s draft decision

The draft prepared by the Secretary-General had concluded that the MPs’ notice was inadmissible on grounds that:

  • “Improper terms” were used in the notice

  • “Authenticated documents” were not furnished

  • Incorrect facts were stated

  • A wrong legal provision was cited

The Court held that such assessments amount to quasi-adjudication, which is beyond the Secretariat’s mandate.

Bench and judicial reasoning

  • Judgment delivered by a Bench comprising:

    • Justice Dipankar Datta

    • Justice S.C. Sharma

  • The Court emphasised:

    • Separation of roles within constitutional institutions

    • Need to preserve the authority of constitutional office-holders over administrative bodies

Broader constitutional principles involved

  • Separation of powers:

    • Administrative bodies cannot usurp functions of constitutional authorities.

  • Institutional propriety:

    • Parliamentary secretariats function as support systems, not decision-makers.

  • Checks and balances:

    • Judicial removal is a grave constitutional process and must strictly follow procedure.

Relevance to removal of judges

  • Removal of judges is governed by:

    • Articles 124(4) and 217 of the Constitution

    • Judges (Inquiry) Act, 1968

  • Admission of a motion is a constitutional discretion, not an administrative formality.

  • The ruling reinforces that procedural gatekeeping must remain with presiding officers of Parliament.

The Secretary-General of the Rajya Sabha is the administrative head, appointed by the Chairman (Vice-President) under Article 98 of the Indian Constitution, which provides for separate secretariats for each house, ensuring independence from the executive.

The role holds the rank of Cabinet Secretary, assisting the Chairman and Deputy Chairman in managing the House and its committees, acting as a key functionary with significant administrative and advisory duties.

Key Constitutional Aspects:

  • Article 98: Mandates separate secretariats for Parliament, establishing the foundation for the Secretary-General's independent role.

Role & Responsibilities:

  • Administrative Head: Manages the entire Rajya Sabha Secretariat and its staff.

  • Principal Advisor: Advises the Chairman and Deputy Chairman on parliamentary procedures, administration, and policy.

  • Officer of the House: A crucial functionary, third only to the Chairman and Deputy Chairman in importance.

  • Ensures Independence: Upholds the principle of separation of powers by keeping the secretariat independent of the executive.

Prelims practice MCQs

Q. With reference to the Secretary-General of the Rajya Sabha, consider the following statements:

  1. The Secretary-General performs only an administrative role.

  2. The Secretary-General is empowered to take quasi-judicial decisions on the admissibility of removal motions against judges.

  3. The Supreme Court has advised restraint by the Secretariat in matters involving admission of motions for removal of judges.

Which of the statements given above are correct?

(a) 1 and 3 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

Correct answer: (a)

Explanation:

  • Statement 1 is correct: The Supreme Court clarified that the Secretary-General of the Rajya Sabha has only an administrative role.

  • Statement 2 is incorrect: The Court held that the Secretary-General cannot assume quasi-adjudicatory functions, such as deciding admissibility.

  • Statement 3 is correct: The Court expressly advised the Secretariat to exercise restraint in such matters.



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