Article 187

Article 187 of the Constitution of India provides for the administrative framework essential for the functioning of the State Legislature. It establishes provisions concerning the Secretariat of the State Legislature, which is responsible for managing the internal administrative and procedural work of the legislative bodies. The Article ensures that every State Legislature possesses adequate and independent staff for its functioning, thereby reinforcing the principle of legislative autonomy within India’s federal system.

Constitutional Background and Purpose

The smooth functioning of any legislature depends not only on its elected members but also on the efficiency and independence of its supporting administrative machinery. Article 187 was included by the framers of the Constitution to guarantee this support structure at the state level. It reflects the same principle followed at the Union level under Article 98, which provides for the secretarial staff of Parliament.
In states with bicameral legislatures, the Article mandates the establishment of distinct or combined secretarial staff to serve the Legislative Assembly and the Legislative Council. This ensures that both Houses are administratively equipped to conduct their legislative, procedural, and committee-related responsibilities effectively.

Provisions of Article 187

1. Separate Secretarial Staff for Each House (Clause 1)Clause (1) of Article 187 stipulates that each House of the State Legislature must have its own separate secretarial staff. This separation ensures administrative independence and efficiency in handling the specific procedural needs of each House.
However, the Constitution also provides flexibility for states having a bicameral legislature. In such cases, provision may be made for creating certain common posts for both Houses where appropriate. This allows efficient utilisation of resources without compromising the independence of either House.
2. Legislative Power over Recruitment and Service Conditions (Clause 2)Clause (2) empowers the State Legislature to make laws regarding the recruitment and conditions of service of its secretarial staff. This authority enables the Legislature to manage its own human resources, free from executive interference. It allows the legislative body to establish service rules, organisational hierarchies, and administrative procedures suited to its specific needs.
This clause embodies the principle of legislative self-governance, affirming that the Legislature is the best judge of its own administrative requirements.
3. Governor’s Interim Powers (Clause 3)Clause (3) provides an interim arrangement for the functioning of the Legislature until the State enacts its own law under Clause (2). Under this clause, the Governor is empowered to make rules regarding the recruitment and service conditions of the secretarial staff.
However, this power is not absolute. Before framing such rules, the Governor is required to consult the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, where applicable. This consultation ensures that the executive does not unilaterally determine the internal administrative structure of the Legislature.
Any rules made by the Governor remain subject to modification or repeal by a law passed by the State Legislature, thus maintaining legislative supremacy in the long term.

Significance and Key Features

Ensuring Legislative AutonomyArticle 187 is a key provision for maintaining the institutional independence of the State Legislature. By allowing the Legislature to control its own staffing and service conditions, it protects legislative offices from executive control and political influence.
Administrative Efficiency and ContinuityThe establishment of a separate secretariat for each House ensures that procedural and administrative tasks are conducted professionally and continuously, irrespective of changes in government. This professional continuity supports the legislative process by maintaining institutional memory and procedural consistency.
Checks and BalancesThe Governor’s limited interim powers, coupled with mandatory consultation with legislative presiding officers, exemplify the constitutional balance between the executive and the Legislature. It prevents administrative vacuum while ensuring that executive involvement remains temporary and conditional.
Federal and Democratic CharacterBy granting each state Legislature control over its administrative affairs, Article 187 strengthens the federal structure of India. It mirrors the democratic principle that each elected body must possess operational independence to carry out its constitutional functions effectively.

Comparison with Related Articles

• Article 168: Establishes the Legislature for each State, comprising either one or two Houses. Article 187 supports this by providing the administrative mechanism necessary for those Houses to function.
• Article 169: Provides for the creation or abolition of the Legislative Council in a State. Article 187, in turn, ensures that once such a body is created, it has adequate secretarial support.
• Article 98: Relates to the Secretariat of Parliament at the Union level and serves as the constitutional counterpart of Article 187 for the States.

Together, these provisions create a comprehensive legislative framework ensuring the proper functioning and administrative independence of both national and state legislatures.

Related Judicial and Constitutional Perspectives

While no major Supreme Court judgments have directly interpreted Article 187, judicial observations in cases concerning legislative privileges and internal autonomy have reinforced the underlying principle of separation of powers. Courts have consistently held that the Legislature must be free from executive interference in its internal administration, subject only to constitutional and legal boundaries.
Judicial interpretation of related articles, particularly those concerning legislative powers and privileges, underscores that the autonomy of legislative institutions is a vital part of the Constitution’s basic structure.

Practical Implications and Administrative Relevance

Operational Independence of LegislaturesArticle 187 enables the State Legislatures to manage their administrative and human resource functions independently. This independence allows the legislative secretariat to provide non-partisan support to members, committees, and presiding officers.
Professional Legislative SupportThe presence of a dedicated secretariat ensures that expert procedural advice, research assistance, and logistical support are available to members of the Legislature. This contributes to informed law-making and efficient legislative functioning.
Interplay with the ExecutiveWhile the Governor’s interim authority ensures administrative continuity during transitional phases, the long-term control vests with the Legislature. This arrangement fosters a healthy relationship between the executive and the Legislature, defined by mutual respect and constitutional boundaries.
Uniformity and AdaptabilityThough Article 187 provides a common constitutional basis, the actual structure, designations, and service rules of legislative secretariats vary across states, allowing flexibility to adapt to regional and administrative contexts.

Broader Constitutional Importance

Article 187 is fundamental to the concept of legislative sovereignty within the Indian constitutional framework. It not only provides for administrative support to the legislative process but also embodies the spirit of institutional balance among the three organs of the State — Legislature, Executive, and Judiciary.