Article 187 of CoI : Article 187: Secretariat of State Legislature.

Explanation using Example

Example 1:

Scenario: Recruitment of Secretarial Staff in a State with a Legislative Council

Context: The state of Maharashtra has both a Legislative Assembly and a Legislative Council. The state legislature has not yet passed a law regulating the recruitment and conditions of service for the secretarial staff.

Application of Article 187:

1. Separate Secretarial Staff: The Legislative Assembly and the Legislative Council each have their own secretarial staff to handle their respective administrative tasks.
2. Common Posts: Despite having separate staffs, certain posts such as the Chief Librarian or IT Support may be common to both Houses.
3. Governor's Role: Since the state legislature has not yet made provisions under clause (2), the Governor of Maharashtra, after consulting with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, creates rules for recruiting and managing the secretarial staff. These rules will remain in effect until the state legislature enacts a law on the matter.

Example 2:

Scenario: Regulation of Service Conditions for Secretarial Staff in a State without a Legislative Council

Context: The state of Kerala has only a Legislative Assembly and no Legislative Council. The state legislature has passed a law regulating the recruitment and conditions of service for the secretarial staff.

Application of Article 187:

1. Separate Secretarial Staff: The Legislative Assembly has its own dedicated secretarial staff to manage its administrative functions.
2. State Legislature's Law: The Kerala state legislature has enacted a law that specifies the recruitment process, qualifications, pay scales, and other service conditions for the secretarial staff of the Legislative Assembly.
3. Governor's Role: Since the state legislature has already made provisions under clause (2), the Governor does not need to create any rules regarding the recruitment and service conditions of the secretarial staff. The law passed by the state legislature is fully in effect and governs these aspects.

Example 3:

Scenario: Temporary Rules by Governor in a Newly Formed State

Context: A new state, Telangana, has been formed and has both a Legislative Assembly and a Legislative Council. The state legislature has not yet had the opportunity to pass a law regulating the recruitment and conditions of service for the secretarial staff.

Application of Article 187:

1. Separate Secretarial Staff: Both the Legislative Assembly and the Legislative Council of Telangana have their own secretarial staff.
2. Governor's Temporary Rules: Since the state legislature has not yet made provisions under clause (2), the Governor of Telangana, after consulting with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, issues temporary rules for recruiting and managing the secretarial staff. These rules will be in place until the state legislature enacts a law on the matter.
3. Future Legislation: The state legislature of Telangana is expected to eventually pass a law that will regulate the recruitment and conditions of service for the secretarial staff, at which point the Governor's temporary rules will be superseded by the new law.