Question

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

1. The doctrine applies to Governors but not to Supreme Court Judges.

2. The doctrine is unrestricted for all civil servants under Article 310.
   

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

Answer 1

Answer:

A. 1 only

Understanding the Doctrine of Pleasure

• The Doctrine of Pleasure, derived from English common law, asserts that public servants hold their office at the pleasure of the Crown (in India, the President or Governor). This implies that their services can be terminated at any time without assigning any reason.
• In India, this doctrine is primarily enshrined in Article 310(1) of the Constitution. It 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, and 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.

Limitations and Exceptions to the Doctrine

• The doctrine is not unrestricted for all civil servants, as it is significantly qualified by Article 311 of the Constitution.
• Article 311 provides safeguards to civil servants against arbitrary dismissal, removal, or reduction in rank. It mandates an inquiry and a reasonable opportunity to be heard before such action is taken, except in certain specified circumstances (e.g., conviction in a criminal case, national security). This provision ensures security of tenure to civil servants.
• The doctrine applies to Governors. As per Article 156(1), the Governor holds office during the pleasure of the President. The President can remove a Governor at any time without stating any reason.
• The doctrine does not apply to Supreme Court Judges. Their removal process is explicitly outlined in Article 124(4) and 124(5), which requires a motion passed by both Houses of Parliament on grounds of proved misbehaviour or incapacity. This is an impeachment-like process, ensuring their independence from executive pleasure.
• Similarly, the Doctrine of Pleasure does not apply to several other constitutional functionaries to ensure their independence:
  • High Court Judges: Removed in the same manner as a Supreme Court Judge (Article 217(1) Proviso, read with Article 218).
  • Comptroller and Auditor General (CAG): Can be removed only in like manner and on like grounds as a Judge of the Supreme Court (Article 148(1) Proviso).
  • Chief Election Commissioner (CEC): Cannot be removed from office except in like manner and on like grounds as a Judge of the Supreme Court (Article 324(5)).
  • Members of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs): They can only be removed by the President under specific conditions like misbehaviour or insolvency, after an inquiry by the Supreme Court (Article 317).
• However, the Doctrine does apply to the Attorney General of India (Article 76(4)) and the Advocate General of a State (Article 165(3)), who hold office during the pleasure of the President and Governor, respectively.