Part VI - The States • Article

Article 187 Simplified: Secretariat of State Legislature

Ensures that each house of the State Legislature has its own separate secretarial staff (with joint posts allowed). The Legislature has the power to regulate their recruitment and service conditions, while the Governor can make interim rules until a law is passed.

Official Text

(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.

Simple Meaning

Explain Like Ten

The Assembly and Council have their own workers (like clerks and secretaries) who work only for them, not for the government ministers, to keep them independent.

Student Mode

Ensures administrative autonomy for the State Legislature by mandating a separate secretarial staff for each house, authorizing the legislature to regulate recruitment and service conditions by law.

Example

The Bihar Vidhan Sabha and Vidhan Parishad have independent administrative secretariats, allowing the legislative branch to recruit its own clerks, stenographers, and security staff independently of the state civil services.

Key Takeaway

State legislative secretariats operate with administrative independence from the government executive to support the separation of powers.

FAQs

Does the State Legislature have a separate secretariat?

Yes. Each house of the State Legislature must have its own separate secretarial staff, although common posts can be created in bicameral legislatures.

Who regulates the recruitment and service conditions of the legislative staff?

The State Legislature by law. Until they do so, the Governor can make rules in consultation with the Speaker or Chairman.

Why is a separate secretariat vital for the State Legislature?

It maintains the separation of powers by preventing the executive branch (state government) from controlling the legislature's staff, ensuring impartial operations.

Quiz

Who has the final authority to regulate recruitment and service conditions of the legislature's secretarial staff?

Answer: The State Legislature by law

Until the State Legislature passes a law, who makes rules for the secretarial staff after consulting the Speaker or Chairman?

Answer: The Governor

In a bicameral state, can the Assembly and Council share common posts?

Answer: Yes, as per the proviso to Article 187(1)