Actual Article
Article 187: Secretariat of State Legislature
- Each House of the Legislature of a State shall have a separate secretariat staff:
- (a) The Speaker of the Legislative Assembly and the Chairman of the Legislative Council (where such a Council exists) shall have the authority to regulate the recruitment and the conditions of service of the staff of the respective Houses, subject to the provisions of any law made by the Legislature of the State.
- (b) Until provision is made by the Legislature of the State, 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 the said staff.
UPSC Notes for Article 187
Explanation:
- Separate Secretariat Staff:
- Article 187 ensures that each House of a state’s legislature has its own separate secretariat staff. This is crucial for maintaining the operational independence and effectiveness of each House.
- Regulation of Secretariat Staff:
- The Speaker of the Legislative Assembly and the Chairman of the Legislative Council are empowered to regulate the recruitment and conditions of service of the secretariat staff, ensuring that staffing needs are met adequately. This arrangement permits customization of staff roles and responsibilities to fit the unique operational demands of each legislative body.
- Interim Powers of the Governor:
- Until the state legislature enacts its own laws regarding this matter, the Governor, after consulting the Speaker or Chairman, may make rules concerning the recruitment and conditions of service. This provision ensures that there is no gap in administrative functionality while waiting for the legislature to act.
Key Points:
- Administrative Autonomy: The article fosters administrative autonomy by allowing each House to control its own secretarial services, crucial for independent legislative functioning.
- Governance Flexibility: Provides flexibility and continuity in governance by allowing the Governor to step in and establish necessary rules temporarily, ensuring the smooth operation of the legislative bodies.
Important Cases and Commissions Related to Article 187
Cases:
- No specific landmark cases interpreting Article 187 have been noted, as it primarily involves procedural and administrative aspects of the legislative bodies that typically do not lead to judicial review.
Commissions:
- Administrative Reforms Commission: Recommendations may touch upon enhancing efficiency and autonomy in legislative administration, aligning with the principles set out in Article 187, although specific references to this article might not be direct.
Previous Year Prelims Questions Related to Article 187
- (UPSC Prelims 2016) Who has the authority to regulate the recruitment and conditions of service of the secretariat staff of the Legislative Assembly?
- A. The Chief Minister
- B. The Governor
- C. The Speaker of the Legislative Assembly
- D. The President of India Correct Answer: C. The Speaker of the Legislative Assembly
- (UPSC Prelims 2018) Until the state legislature makes its own laws, who can make rules regarding the secretariat staff of the state legislature?
- A. The Chief Justice of the High Court
- B. The Governor
- C. The Chief Minister
- D. The Union Minister of Law and Justice Correct Answer: B. The Governor
Previous Year Mains Questions Related to Article 187
- Mains 2016: “Discuss the significance of having separate secretariat staff for each House of the State Legislature as outlined in Article 187. How does it affect the efficiency and autonomy of legislative operations?”
- Mains 2019: “Evaluate the role of the Speaker and the Chairman in regulating the secretariat staff of their respective Houses as per Article 187. What implications does this have for legislative governance?”
Additional Insights:
- Efficiency and Specialization: Having separate secretariat staff for each House allows for specialized support tailored to the distinct operational needs and functions of the Legislative Assembly and Council.
- Legislative Independence: This article supports the independence of legislative operations by ensuring that each House can function without administrative dependencies on the other, fostering a more effective legislative environment.