Question

Consider the following statements with regard to Article 311 of the Constitution of India:

(i) Article 311 imposes restrictions on the arbitrary dismissal of civil servants by requiring a reasonable opportunity for a hearing.
(ii) Article 311 applies to all civil servants, including members of the Defence Forces and secretarial staff of Parliament.
(iii) The restrictions under Article 311 control the exercise of the Doctrine of Pleasure by the President or Governor.

Which of the statements given above is/are correct?

• A. only (i)
• B. only (iii)
• C. only (i) and (iii)
• D. all the above

Answer 1

Answer:

C. only (i) and (iii)

Understanding Article 311 of the Indian Constitution

• Article 311 of the Indian Constitution provides safeguards to civil servants against arbitrary dismissal, removal, or reduction in rank. This article aims to ensure security of tenure for civil servants, promoting impartiality and efficiency in administration.

Safeguards under Article 311:

• Statement (i) is Correct: Article 311 (1) states that 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.

• Article 311 (2) mandates that 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 principles are followed.

Doctrine of Pleasure and Article 311:

• Statement (iii) is Correct: Article 310 of the Constitution embodies the 'Doctrine of Pleasure', stating that every person holding a civil post under the Union or a State holds office during the pleasure of the President or the Governor, respectively.

• However, Article 311 acts as a significant restriction or qualification on this 'Doctrine of Pleasure'. It provides constitutional safeguards, ensuring that the pleasure is not exercised in an arbitrary manner and that civil servants are given due process before any adverse action.

Applicability of Article 311:

• Statement (ii) is Incorrect: Article 311 applies to persons holding a civil post under the Union or a State.

• It does not apply to members of the Defence Forces (Army, Navy, Air Force) and secretarial staff of Parliament (Lok Sabha and Rajya Sabha Secretariats). Their terms and conditions of service are governed by specific laws and rules, not Article 311.

• The term 'civil post' specifically excludes military personnel.

Exceptions to Article 311(2):

• There are three specific exceptions to the requirement of an inquiry and reasonable opportunity under Article 311(2):

  1. Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge.

  2. 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.

  3. 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