Question

What is/are the major feature(s) of the Doctrine of Pleasure in India?

(i) It allows the President or Governor to terminate civil servants’ services without notice, subject to Article 311 restrictions.
(ii) It applies to the tenure of Supreme Court Judges and the Chief Election Commissioner.
(iii) It was modified from the British legal system to suit the Indian social structure.

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

Answer 1

Answer:

C. only (i) and (iii)

Understanding the Doctrine of Pleasure in India

• The Doctrine of Pleasure, derived from English common law, states that a civil servant holds office during the pleasure of the Crown. In India, this translates to the pleasure of the President (at the Union level) or the Governor (at the State level).

• This doctrine is primarily enshrined in Article 310 of the Indian Constitution, which 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, persons holding civil posts under a State hold office during the pleasure of the Governor of the State.

Protection under Article 311:

• While civil servants hold office during the pleasure of the President/Governor, this power is not absolute. It is significantly qualified by Article 311 of the Constitution.

• 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) provides a crucial safeguard: 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 Article 311(2), where an inquiry may not be necessary:

  • 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.

  • 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.

Origin and Adaptation:

• The Doctrine of Pleasure in India is indeed an adaptation from the British legal system. In the UK, it applies to servants of the Crown.

• India adopted this principle but significantly modified it through the constitutional safeguards provided in Article 311, to ensure fairness and prevent arbitrary termination of services, especially for civil servants who are crucial for good governance. This adaptation balances the executive's power with the need for security of tenure for civil servants.

Whom it Does NOT Apply To:

• It is crucial to understand that the Doctrine of Pleasure does not apply to all government officials. Certain high constitutional functionaries are excluded to ensure their independence.

• Positions that are NOT held at the pleasure of the President/Governor include:

  • Judges of the Supreme Court and High Courts.

  • The Chief Election Commissioner (CEC) and other Election Commissioners.

  • The Comptroller and Auditor General (CAG) of India.

  • The Chairperson and Members of the Union Public Service Commission (UPSC) and State Public Service Commissions.

• These officials have a fixed tenure and can only be removed through a more stringent process, often involving an address by Parliament, demonstrating a deliberate constitutional design to ensure their autonomy and impartiality