Answer By law4u team
Constitution Of India Article 187: Secretariat of State Legislature
(1) The House or each House of the Legislature of a State shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature.
(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.
(3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause.
Brief Detail
Article 187 ensures that each State Legislature has its own secretarial staff. It allows the Legislature to regulate recruitment and conditions of service for the staff through law. If not done, the Governor can make temporary rules until the Legislature provides for it.
Question & Answers
What does Article 187 provide for regarding the secretarial staff of the State Legislature?
Article 187 mandates that the State Legislature shall have a separate secretarial staff for each House. In States with a Legislative Council, common posts may be created for both Houses.
Can the Legislature regulate the recruitment of secretarial staff?
Yes, the Legislature of a State can regulate the recruitment and service conditions for the secretarial staff by law.
What happens if the State Legislature does not make provisions for secretarial staff?
If the Legislature does not make provisions, the Governor, after consulting with the Speaker or Chairman of the respective House, can make temporary rules governing recruitment and service conditions, which will remain effective until the Legislature enacts its law.
Example
For example, if a new Legislative Assembly is formed, it will need to establish a secretariat. If the Legislature has not passed any law on this matter, the Governor can appoint temporary rules for recruitment and conditions of service for the staff until the State Legislature enacts its own law.
Summary
Article 187 ensures that each House of the State Legislature is supported by a dedicated secretarial staff. It also allows for the regulation of recruitment and conditions of service, either by law from the Legislature or, in the interim, by the Governor.
