The Constitution of India
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.
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.