Article 187 of the Costitution of India with Case law
Here is a detailed explanation of Article 187 of the Constitution of India along with key case laws:
🇮🇳 Article 187 – Secretariat of State Legislature
🔹 Text of Article 187:
(1) The House or each House of the Legislature of a State shall have a separate secretarial staff:
The Legislature of the State may by law regulate the recruitment and conditions of service of persons appointed to the secretarial staff of the House or Houses of the Legislature.
(2) Until such law is made by the Legislature of the State under clause (1), the Governor may make rules for the same.
🧾 Explanation:
Article 187 ensures that each House of a State Legislature (i.e., Legislative Assembly and Legislative Council, if both exist) is provided with its own secretarial staff to aid in its functioning.
✅ Key Provisions:
| Clause | Key Provision |
|---|---|
| (1) | Legislature may create laws for recruitment and service conditions of the Legislature's secretariat staff. |
| (2) | Until such laws are made, the Governor can make rules regarding the same. |
🏛️ Purpose of Article 187:
Ensures functional independence of the legislative bodies.
Strengthens administrative support to State legislatures.
Reflects the separation of powers by allowing legislature to manage its own internal affairs.
⚖️ Important Case Laws Involving Article 187:
🔹 K.K. Bhalla v. State of M.P. (2006)
Citation: AIR 2006 SC 898
Facts: Petition related to appointment in Legislative Secretariat questioned the legality of recruitment rules framed by the Governor.
Held:
Until the State Legislature frames a law, the Governor’s rules under Article 187(2) are valid and binding.
Once the law is made, the Governor's rules automatically lapse or get superseded.
🔹 Purushothaman Nambudiri v. State of Kerala (1962)
Citation: AIR 1962 SC 694
Relevance: Though focused on legislative procedure, the case discusses the autonomy and internal functioning of the Legislature, emphasizing the importance of institutional support like the Secretariat.
🔹 K.C. Chandy v. R. Balakrishna Pillai (1986) – Kerala HC
Relevance: Court noted that the Legislative Secretariat is distinct from the Executive, and its control lies with the Speaker/Chairman (not with the Chief Minister or Governor in day-to-day affairs).
📌 Summary Table:
| Feature | Details |
|---|---|
| Article | 187 |
| Applies to | State Legislative Assembly & Council (if any) |
| Secretariat Provided For | Each House has separate secretarial staff |
| Recruitment Rules By | State Legislature (by law); Governor (temporarily under clause 2) |
| Objective | Legislative independence in administrative functioning |
| Judicial View | Governor's rules are valid till legislature enacts law |
🧠 Conclusion:
Article 187 safeguards the institutional and functional independence of State legislatures by empowering them to manage their own staff and services, free from the executive’s direct control. This reflects the federal and separation of power principles enshrined in the Constitution.
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