(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.

Debate Summary

Draft Article 163A (Article 187) was debated on 30th July 1949. It created a Secretariat for the State Legislature.

 

The Draft Article was not included in the Draft Constitution, 1948. The Chairman of the Drafting Committee proposed the insertion of the following as Draft Article 163A:

'163-A. (1) The House or each House of the Legislature of a State shall have a secretarial staff of State Legislatures 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 House 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 House of the Legislature of the State.

(3) Until provision is made by the Legislature of the State under clause (2) of this article, 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.'

 

He pointed out that this replicated the provisions of Draft Article 79A (Article 98) which created a Secretariat for the Parliament.

 

One member proposed the insertion of a proviso clause (2) to allow the Governor to pass a rule which would require consultation with the Public Service Commission in order to appoint a person to the Secretariat who is not already attached to the State Legislature. He argued that the purpose of the Commission was to ensure that fairness was observed in making appointments, and therefore all appointments must be made on its recommendation. This was rejected without any debate.

 

Draft Article 163A was adopted on 30th July 1949.