Article 187 of Constitution of India – Secretariat of State Legislature
Article 187 of Constitution of India deals with Secretariat of State Legislature
Original Text of Article 187 of Constitution of India
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.
Questions related to Article 187 of Constitution of India
Article 187 provides for a separate secretarial staff for the State Legislature, ensuring that both the Legislative Assembly and Legislative Council (if present) have independent administrative support, as per the Constitution of India.
The State Legislature may by law regulate recruitment and service conditions. Until such laws are made, the Governor may make rules, according to Article 187 of the Indian Constitution.
It ensures that the Legislature functions independently from the Executive, promoting the principle of separation of powers under the Articles of Indian Constitution.
Yes, Indian Kanoon features cases and commentaries where the autonomy of legislative secretariats and Governor’s rule-making power under Article 187 have been interpreted.
While each House can have its own staff, there can also be joint services or arrangements if agreed upon. This is operationalized through rules or laws made under Article 187, supported by interpretations on Indian Kanoon.
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