Question

Choose the correct statement(s) regarding the Doctrine of Pleasure in India.

1. The Doctrine of Pleasure is enshrined in Article 310 of the Constitution of India.

2. Article 311 provides safeguards against arbitrary dismissal of civil servants.
   

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

C. Both 1 and 2

Doctrine of Pleasure in India

• The concept of the Doctrine of Pleasure in India is derived from the English common law principle, which states that a civil servant holds office during the pleasure of the Crown.
• In India, this doctrine is enshrined in Article 310 of the Constitution.
• According to Article 310 (1), every person who is a member of a defense service or of a civil service of the Union or an all-India service, or holds any post connected with defense or any civil post under the Union, holds office during the pleasure of the President.
• Similarly, every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.
• This means that the services of a government employee can be terminated by the President (for Union services) or the Governor (for State services) at any time without assigning any reason. However, this power is not absolute.

Safeguards under Article 311

• Article 311 of the Indian Constitution provides crucial safeguards to civil servants against arbitrary dismissal, removal, or reduction in rank, acting as a significant limitation on the Doctrine of Pleasure embodied in Article 310.
• There are two main safeguards provided by Article 311:
  • Article 311 (1): No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. This ensures that the dismissing authority is at least of the same rank or higher than the appointing authority.
  • Article 311 (2): No such person shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. This ensures natural justice and due process before disciplinary action is taken.

Exceptions to Article 311(2)

• Article 311 (2) also specifies certain exceptions where the inquiry and opportunity to be heard are not required:
  • Where a person is dismissed, removed, or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge.
  • Where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry.
  • Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.
• It is important to note that even in cases of exception, the affected civil servant can still approach administrative tribunals or courts for redressal if the action is deemed arbitrary or mala fide.