Question

Assertion (A): The Doctrine of Pleasure allows the President or Governor to terminate the services of civil servants at their discretion.

Reason (R): Article 311 imposes restrictions on the Doctrine of Pleasure to prevent arbitrary dismissals.

• A. Both A and R are true, and R is the correct explanation of A.
• B. A is true, but R is false.
• C. A is false, but R is true.
• D. Both A and R are false.

Answer 1

Answer:

A. Both A and R are true, and R is the correct explanation of A.

Doctrine of Pleasure and its Limitations

The Doctrine of Pleasure

• The Doctrine of Pleasure, in the context of Indian administrative law, signifies the power of the executive, specifically the President or the Governor, to dismiss a civil servant without assigning any reason.
• Historically, this doctrine was applied broadly, allowing for dismissals at the pleasure of the Crown in England, which was inherited by India.

Assertion (A) and its Rationale

• The assertion states that this doctrine allows the President or Governor to terminate the services of civil servants at their discretion. This is a fundamental aspect of the doctrine.

Reason (R) and its Significance

• However, the Indian Constitution, through Article 311, significantly curtails the absolute application of the Doctrine of Pleasure.
• Article 311 mandates specific procedural safeguards before a civil servant can be dismissed, removed, or reduced in rank. These safeguards are designed to protect government employees from arbitrary or capricious actions by the executive.
• Key protections under Article 311 include:
  • The right to be given a reasonable opportunity to be heard in an inquiry into the charges against him/her.
  • The rule does not apply in cases where a person is dismissed, removed, or reduced in rank on the ground of conduct which has led to their conviction on a criminal charge, or where the President/Governor is satisfied that in the interest of the security of the State, it is not expedient to hold such an inquiry.
• Therefore, the reason (R) correctly points out that Article 311 imposes crucial restrictions on the Doctrine of Pleasure, ensuring that dismissals are not arbitrary.

Interrelation of Assertion and Reason

• The assertion (A) correctly states the general principle of the Doctrine of Pleasure. The reason (R) correctly explains the significant constitutional limitations that prevent its arbitrary application, thus clarifying why the assertion, while true in principle, is not absolute in practice.
• Both statements are true, and the Reason (R) provides the necessary context and explanation for the limitations on the Assertion (A).

Relevance in Competitive Exams

• Understanding the nuances of Article 311 and its relationship with the Doctrine of Pleasure is vital for exams like UPSC Civil Services, State PSCs, etc., as questions often test the interpretation of constitutional provisions and their practical implications.