सं Samvidhan

The Constitution of India

Article 187

Secretariat of State Legislature

Why this exists

This provision ensures that state legislatures, like Parliament, have administrative independence from the executive government. By giving each House (or Houses) its own secretariat, the Constitution protects the legislature's ability to manage its own records, staff, and daily functioning without depending on the state's bureaucracy, which is controlled by the executive. This separation supports the broader principle of separation of powers between the legislature and the executive at the state level, mirroring Article 98 which does the same for Parliament.

Common misconceptions
  • Myth: The Governor permanently controls the hiring rules for legislative staff.
    Fact: The Governor's rule-making power under clause (3) is only a stopgap. Once the State Legislature passes its own law under clause (2), that law takes over and the Governor's rules apply only to the extent they don't conflict with it.
  • Myth: States with both an Assembly and a Council must always keep totally separate staff for each House.
    Fact: Clause (1)'s proviso allows some posts to be common to both Houses in bicameral states, so full separation isn't mandatory.