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Article 209 of the Indian Constitution: UPSC 2025 Notes

Actual Article

Article 209: Secretariat of Legislature

  1. The House or Houses of the Legislature of a State shall have a separate secretariat staff.
  2. The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretariat staff of the House or Houses.

UPSC Notes for Article 209

Explanation:

  • Secretariat Staff: Article 209 mandates that each House of the Legislature of a State shall have its own secretariat staff, ensuring that legislative operations are supported by dedicated personnel.
  • Legislative Authority Over Staff: This article grants the State Legislature the power to enact laws governing the recruitment and conditions of service of the secretariat staff. This enables the legislature to maintain control over the administrative aspects of its functioning, tailoring the secretariat to meet its specific operational needs.

Key Points:

  • Operational Autonomy: By having a separate secretariat staff for each House, the legislature ensures that its administrative needs are independently managed, supporting efficient legislative operations.
  • Control Over Administrative Framework: The ability of the legislature to regulate the conditions of service and recruitment for its staff reinforces its autonomy and authority in managing its internal affairs.

Important Cases and Commissions Related to Article 209

Cases:

  • No specific landmark cases interpreting Article 209 have been noted, as this article primarily deals with internal legislative administration.

Commissions:

  • Administrative Reforms Commission: Might have discussed the organization and efficiency of legislative secretariats, suggesting ways to enhance their functionality and responsiveness.

Important Reports Related to Article 209:

  • Law Commission Reports: Could address the governance of legislative staff and recommend best practices for managing the legislative secretariat effectively.

Previous Year Prelims Questions Related to Article 209

  1. (UPSC Prelims 2016) What does Article 209 of the Constitution pertain to?
  • A. Financial autonomy of State Legislatures
  • B. Secretariat of the Legislature
  • C. Powers of the Governor
  • D. Appointment of the Chief Minister Correct Answer: B. Secretariat of the Legislature
  1. (UPSC Prelims 2018) Who regulates the recruitment and conditions of service of the secretariat staff of the State Legislature?
  • A. The Governor
  • B. The State Legislature
  • C. The President
  • D. The Union Government Correct Answer: B. The State Legislature

Previous Year Mains Questions Related to Article 209

  1. Mains 2016: “Discuss the significance of having a separate secretariat for each House of a State Legislature as mentioned in Article 209.”
  2. Mains 2019: “Evaluate the impact of legislative authority over the recruitment and conditions of service of secretariat staff on the efficiency of state legislatures.”

Additional Insights:

  • Enhanced Efficiency and Specialization: A dedicated secretariat enhances the efficiency and specialization of legislative support, ensuring that legislative processes are smooth and effective.
  • Accountability and Professionalism: The control over secretariat staffing allows legislatures to instill a sense of accountability and professionalism among those directly supporting legislative functions, promoting higher standards of legislative service.

Understanding Article 209 is crucial for UPSC aspirants as it illuminates the organizational structure and administrative autonomy of state legislatures, emphasizing the importance of internal governance in facilitating effective legislative operations. This knowledge is essential for both preliminary and main examinations, providing insights into the administrative underpinnings that support legislative work.

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