What is Article 187 of Indian Constitution – Defination & Meaning

Article 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
📅 Part VI – The States
🏷️Active

📚 UPSC Relevant

Article Number

187

part

Part VI – The States

Status

Active

Bare Acts Text

Article 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.
READ ALSO  What is Article 368 of Indian Constitution - Defination & Meaning

Full Definition & Explanation

Article 187 of the Indian Constitution plays a key role in the administrative framework of state legislatures. It ensures that each House of the Legislature, whether it is a Legislative Assembly or a Legislative Council, has its own dedicated secretarial staff. This separate secretarial staff is necessary for the smooth functioning of the legislative process, as they assist in various administrative tasks. The provision allows for the creation of positions that are common to both Houses of the Legislature if a state has a Legislative Council, making it flexible to the needs of the state. The article also empowers the state legislature to regulate the recruitment and service conditions of the secretarial staff through legislation. This implies that the state has the autonomy to decide how to appoint and manage this staff. Until the state legislature enacts such laws, the Governor holds the authority to set rules regarding recruitment and service conditions in consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council. This transitional provision ensures that there is no administrative vacuum before formal laws are in place. The real-world impact of Article 187 can be seen in how state legislatures operate effectively. By having a dedicated secretarial staff, legislative functions can be carried out more efficiently. This provision also allows for accountability and transparency in the recruitment processes of the staff, as state laws can define clear guidelines. The article thus supports the functioning of democracy at the state level by ensuring that legislative bodies are well-supported by skilled personnel.

Historical Context

It ensures that each House of the Legislature, whether it is a Legislative Assembly or a Legislative Council, has its own dedicated secretarial staff. This separate secretarial staff is necessary for the smooth functioning of the legislative process, as they assist in various administrative tasks. The provision allows for the creation of positions that are common to both Houses of the Legislature if a state has a Legislative Council, making it flexible to the needs of the state. The article also empowers the state legislature to regulate the recruitment and service conditions of the secretarial staff through legislation.

Key Features

– Each House of a State Legislature has its own secretarial staff.
– Legislatures can create common posts for both Houses if applicable.
– State laws can regulate recruitment and service conditions for staff.
– The Governor can make rules if the legislature does not act.
– Secretarial staff play a key role in legislative efficiency.

Importance & Impact

– Ensures smooth legislative functioning through dedicated support staff
– Empowers state legislatures to manage their administrative needs
– Facilitates accountability in the recruitment process of staff
– Allows for flexibility in staffing arrangements between Houses
– Strengthens the democratic process at the state level

Sample UPSC Question

Which of the following statements about Article 187 of the Indian Constitution is correct? Consider that: Article 187 of the Indian Constitution plays a key role in the administrative framework of state legislatures in the context of Article 187. A) It mandates a single secretarial staff for both Houses. B) The Governor can set rules for staff recruitment until state laws are made. C) Article 187 applies only to the Legislative Assembly. D) It prohibits the creation of common posts for both Houses.

Answer

The correct option is B. Article 187 allows the Governor to regulate recruitment rules until the state legislature enacts relevant laws. This ensures continuous administrative support. Article 187 of the Indian Constitution plays a key role in the administrative framework of state legislatures.

Key Takeaways

✓ Each House has its own secretarial staff
✓ The Governor can make temporary recruitment rules
✓ Legislatures can regulate their staff through laws
✓ Common posts can exist for both Houses
✓ Secretarial staff are key for legislative efficiency

FAQs

Article 187 of the Indian Constitution plays a key role in the administrative framework of state legislatures. It ensures that each House of the Legislature, whether it is a Legislative Assembly or a Legislative Council, has its own dedicated secretarial staff. This separate secretarial staff is necessary for the smooth functioning of the legislative process, as they assist in various administrative tasks.

Until the state legislature enacts such laws, the Governor holds the authority to set rules regarding recruitment and service conditions in consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council. This transitional provision ensures that there is no administrative vacuum before formal laws are in place. The real-world impact of Article 187 can be seen in how state legislatures operate effectively.

By having a dedicated secretarial staff, legislative functions can be carried out more efficiently. This provision also allows for accountability and transparency in the recruitment processes of the staff, as state laws can define clear guidelines. The article thus supports the functioning of democracy at the state level by ensuring that legislative bodies are well-supported by skilled personnel.

Related Articles

Picture of Pramod Pal Founder and Editor-in-Chief

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
Scroll to Top