Articles 186 and 187 of the Constitution of India: State Legislature Salaries and Secretariat
Articles 186 and 187 form part of the constitutional framework governing State Legislatures. Article 186 deals with the salaries and allowances of the Speaker, Deputy Speaker, Chairman and Deputy Chairman. Article 187 provides for the secretarial staff of the House or Houses of a State Legislature.
Article 186 - Salaries and allowances of presiding officers
Meaning: Article 186 concerns the remuneration of the presiding officers of a State Legislature: the Speaker and Deputy Speaker of the Legislative Assembly and, where a Legislative Council exists, its Chairman and Deputy Chairman.
There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.
What Article 186 provides
The State Legislature may determine these salaries and allowances by law. The constitutional text also contains a transitional reference to the Second Schedule until the State Legislature makes such provision by law. The actual monetary amount is therefore not fixed by Article 186 itself and should be checked under the law applicable in the particular State.
Article 187 - Secretariat of State Legislature
Meaning: Article 187 establishes the constitutional basis for the secretarial staff serving a State Legislative Assembly and, in a bicameral State, the Legislative Council.
Clause (1): The House or each House of the Legislature of a State shall have a separate secretarial staff. In a State having a Legislative Council, this does not prevent creation of posts common to both Houses.
Clause (2): The Legislature of a State may by law regulate recruitment and the conditions of service of persons appointed to the secretarial staff of the House or Houses.
Clause (3): Until the State Legislature makes a law under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as applicable, make rules regulating recruitment and conditions of service. Those rules remain subject to any law subsequently made under clause (2).
How Articles 186 and 187 operate
Article 186 addresses the financial entitlements of the principal presiding officers of State Legislatures. Article 187 deals with the administrative staffing necessary for the Legislature to function. Together, the provisions distinguish between remuneration of constitutional office-holders and the recruitment and service framework of legislative secretariat personnel.
Official constitutional sources
The current constitutional text should be verified from official Government of India sources, particularly the Legislative Department, Ministry of Law and Justice, and India Code.
Constitution of India - Legislative Department
India Code - Government of India
Frequently asked questions
Who fixes the salary of the Speaker and Deputy Speaker of a State Legislative Assembly?
Under Article 186, their salaries and allowances may be fixed by the Legislature of the State by law.
Does Article 187 require a separate secretarial staff?
Yes. Clause (1) provides that the House or each House shall have a separate secretarial staff, while expressly permitting common posts for both Houses in a bicameral State Legislature.
Who regulates recruitment to the State Legislature secretariat?
The State Legislature may regulate recruitment and conditions of service by law under Article 187(2). Until such a law is made, Article 187(3) authorises the Governor, after the constitutionally required consultation, to make rules.