Question

Choose the correct statement(s) regarding the Doctrine of Pleasure:

1. The Doctrine of Pleasure is derived from the British legal system but has been adapted to the Indian context.

2. Article 310 of the Constitution of India applies the Doctrine of Pleasure to all civil servants, including members of the All India Services and Defence Services.

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

Answer 1

Answer:

A. 1 only

Doctrine of Pleasure

• The Doctrine of Pleasure is a constitutional principle that states that government servants hold their office during the pleasure of the Crown (in the UK) or, in the Indian context, the President or the Governor.

• It implies that a civil servant can be dismissed from service at any time by the government without assigning any reason.

Origin and Adaptation in India (Statement 1)

• The Doctrine of Pleasure is derived from the British legal system, specifically from the English common law principle that a civil servant serves at the pleasure of the Crown.

• In India, this doctrine has been adapted to the constitutional framework. While the core idea remains, it is significantly qualified by specific provisions of the Indian Constitution, primarily Articles 310 and 311, to protect civil servants from arbitrary removal.

Article 310 and its Scope (Statement 2 Analysis)

• Article 310 of the Constitution of India explicitly states that every person who is a member of a defence service or of a civil service of the Union or of an All-India Service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President. Similarly, for state services, they hold office during the pleasure of the Governor.

• However, the statement that it applies to all civil servants, including members of the All India Services and Defence Services, needs clarification.

• While it applies to members of the All India Services and other civil services, its application to Defence Services is different. Members of the defence services are primarily governed by specific acts of Parliament (e.g., Army Act, Navy Act, Air Force Act), which detail their terms and conditions of service, including dismissal procedures. Therefore, the doctrine does not apply to them in the same unfettered manner as it might otherwise imply for civil posts.

• Furthermore, certain constitutional functionaries like Supreme Court and High Court judges, the Chief Election Commissioner, the Comptroller and Auditor General of India, and members of the Union Public Service Commission (UPSC) or State Public Service Commissions (SPSC) are excluded from the doctrine's arbitrary application. They enjoy security of tenure and can only be removed through a special parliamentary procedure (impeachment) or other specific constitutional mechanisms, not simply at the pleasure of the President or Governor.

Safeguards and Limitations (Article 311)

• The most significant limitation on the Doctrine of Pleasure in India is provided by Article 311 of the Constitution. This article provides two safeguards to civil servants against arbitrary dismissal, removal, or reduction in rank:

  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.

  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.

• There are certain exceptions to the inquiry requirement under Article 311(2), such as conviction for a criminal offence, where an inquiry is deemed impractical, or if the President/Governor is satisfied that it's not expedient to hold an inquiry in the interest of the security of the State.