Part VI: The States

Chapter IV: Officers of the State Legislature

Article 187: Secretariat of State Legislature

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(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.

Explanations

Article 187 provides the framework for independent secretarial staff within State Legislatures, emphasizing administrative autonomy and stability within legislative procedures.

Key Provisions

• Clause (1): Separate Secretarial Staff for Legislative Houses
  • Ensures dedicated support for each House within bicameral legislatures.
• Clause (2): Legislative Authority Over Recruitment and Service Conditions
  • The Legislature may regulate recruitment and conditions for secretarial staff.
• Clause (3): Governor's Interim Role
  • In the absence of legislation, the Governor can make rules, with consultation, until formal laws are enacted.

Real-Life Example

• In Jharkhand, the Governor initially established rules for the Assembly’s secretarial staff, which were later updated through State legislation.

Historical Context and Importance

Inspired by British parliamentary models, Article 187 underscores separation of powers, promoting independence and accountability within State Legislatures.

References

• Constitution of India, Article 187
• Commentaries on Federal Legislative Autonomy

Legislative History

Article 187, introduced as Article 163A in the Draft Constitution, was adopted on July 30, 1949, emphasizing legislative independence.