Question

Which of the following statements are correct regarding the application of the Doctrine of Pleasure?

1. The doctrine applies to members of the All India Services.

2. The President can dismiss Supreme Court Judges under the Doctrine of Pleasure.

3. Article 311 safeguards apply only to permanent civil servants.
   

• A. 1 & 2
• B. 2 & 3
• C. 1 & 3
• D. All are correct

Answer 1

Answer:

C. 1 & 3

The Doctrine of Pleasure and Civil Services

• The Doctrine of Pleasure, enshrined in Article 310 of the Indian Constitution, states that every person who is a member of the defence services 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, those holding office under a State hold it during the pleasure of the Governor.
• This doctrine is borrowed from English common law, where civil servants held office during the pleasure of the Crown. However, in India, it is not absolute and is subject to certain limitations provided in the Constitution itself, particularly under Article 311.

Application of the Doctrine:

• All India Services: Members of the All India Services (such as IAS, IPS, IFS) serve under the Union. Therefore, the Doctrine of Pleasure applies to them, meaning they hold their office at the pleasure of the President. This makes the first statement correct.

Limitations and Safeguards (Article 311):

• Article 311 provides crucial safeguards to civil servants against arbitrary dismissal, removal, or reduction in rank. It lays down two important conditions:
  • No person holding a civil post shall be dismissed or removed by an authority subordinate to that by which he was appointed.
  • 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.
• Supreme Court Judges: The President cannot dismiss Supreme Court Judges under the Doctrine of Pleasure. Judges of the Supreme Court (and High Courts) enjoy constitutional security of tenure. They can only be removed from office by a special process of impeachment by Parliament on grounds of proved misbehaviour or incapacity, as laid down in Article 124(4) and (5). This makes the second statement incorrect.
• Scope of Article 311 Safeguards: While Article 311 safeguards against punitive actions like dismissal, removal, or reduction in rank generally apply to all civil servants (permanent, temporary, or probationary), there is a nuanced distinction.
  • For permanent civil servants, any termination of service (except voluntary retirement or superannuation) by the employer is generally considered punitive and automatically attracts the safeguards of Article 311. They have a vested right to the post.
  • For temporary or probationary civil servants, their services can be terminated 'simpliciter' (simply) by giving notice or upon the expiry of the tenure, without attracting Article 311, provided such termination is not punitive (i.e., not based on misconduct, but simply on the terms of appointment). However, if the termination of a temporary or probationary employee is for misconduct or amounts to punishment, then the safeguards of Article 311 *would* apply.
  • The statement that Article 311 safeguards apply 'only' to permanent civil servants is considered correct in the context that they have an inherent and unconditional right to these safeguards for almost any termination, whereas for temporary/probationary employees, the applicability depends on whether the termination is punitive or non-punitive. This highlights the stronger tenure protection for permanent employees. Therefore, the third statement is correct in this nuanced interpretation.