Article 187 Of The Indian Constitution

The Indian Constitution renders special powers through its articles and by means of constitutional provisions contained in them.

Article 187 of the Indian Constitution is one such article that revolves around the Secretariat of the State Legislature.

This article tries to take a closer look at Article 187 and the various clauses associated with it. Read on to get a clear understanding of this article of the Indian Constitution for your Civil Services preparation.

What Does Article 187 Of The Indian Constitution Talk About?

“187. Secretariat of State Legislature.—

(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.”

Analysing Article 187 Of The Indian Constitution

Let us now try to take a closer look at the text of the article as quoted in the Indian Constitution. It states right at the beginning  that it is concerned with the Secretariat of the State Legislature. Upon further reading, it becomes clear that the article is divided into three clauses. Let us take up each clause and try to understand them one by one.

Clause (1) Of Article 187 Of The Indian Constitution: Explained

The first clause of the article suggests that every House in the State Legislature will have a segregated secretarial staff. That means, in an usual scenario there will not be a common secretarial staff. 

The clause (1) of Article 187 of the Indian Constitution also says that if in a scenario there will be a requirement of the creation of a common post for both the houses of the state legislature, then nothing mentioned in this clause can be interpreted in such a way that prevents it from happening. 

The aforementioned condition is applicable only when the state legislature will have a Legislative Council.  

Clause (2) Of Article 187 Of The Indian Constitution: Explained

According to the second clause of Article 187 of the Indian Constitution, the State Legislature is given the power and authority to regulate the conditions that are applied to the services of the Secretarial Staff of the House or the Houses of the State Legislature.

This clause states that the State Legislature has the power and authority to do so.

Clause (3) Of Article 187 Of The Indian Constitution: Explained

The third clause of the Article 187 of the Indian Constitution says that the Governor may, after consulting with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules governing the recruitment of individuals appointed to the secretarial staff of the Assembly or the Council.

In addition to that, any rules so made shall have effect subject to any laws made under the said clause (2) until provisions are made by the State Legislature.

Summing Up

We can conclude from Article 187 of the Indian Constitution that the State Legislature has the power and authority to regulate the nature of the  services of the secretarial staff of both the Houses. 

In a way, the Governor also holds the power to regulate the nature of the services of those appointed as the Secretarial Staff in the Houses of State Legislature.   

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