Question

Which of the following statements are correct regarding the restrictions on the Doctrine of Pleasure?

1. Article 311 provides civil servants a reasonable opportunity for a hearing before dismissal.

2. The tenure of High Court Judges is protected from the Doctrine of Pleasure.

3. The Doctrine of Pleasure applies to the Comptroller and Auditor General of India.
   

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

Answer 1

Answer:

A. 1 & 2

Doctrine of Pleasure in India

• The Doctrine of Pleasure originates from English common law, where a civil servant holds office during the 'pleasure of the Crown.' In India, this doctrine is enshrined in Article 310 of the Constitution.
• Under Article 310, 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, a person serving under a State holds office during the pleasure of the Governor.
• This doctrine implies that the services of government employees can be terminated at any time without assigning any reason. However, the Indian Constitution imposes significant restrictions on this doctrine to protect the tenure and conditions of service of government employees and certain constitutional functionaries.

Restrictions on the Doctrine of Pleasure

Article 311: Protection to Civil Servants

• Article 311 acts as a crucial safeguard against the arbitrary exercise of the Doctrine of Pleasure concerning civil servants. It provides for two important procedural safeguards:
• Article 311(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.
• Article 311(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. If a penalty is proposed, he must also be given a reasonable opportunity of making representation on the penalty.
• This implies that before dismissal, removal, or reduction in rank, a civil servant is entitled to a formal inquiry process, notice of charges, and an opportunity to defend themselves.
• Exceptions to Article 311(2): There are specific circumstances where the inquiry requirement can be dispensed with, such as:
• Where a person is dismissed, 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.

Tenure of High Court Judges

• The tenure of High Court Judges (and Supreme Court Judges) is protected from the Doctrine of Pleasure. They do not hold office at the pleasure of the President or Governor.
• A High Court Judge can only be removed from their office by an order of the President, passed after an address by both Houses of Parliament has been presented to the President in the same session.
• The grounds for removal are proved misbehaviour or incapacity. This procedure is similar to the impeachment process, requiring a special majority in both Houses of Parliament (Article 217 and Article 124(4) which applies to High Court Judges via Article 218).
• This ensures the independence of the judiciary, protecting judges from executive influence.

Comptroller and Auditor General of India (CAG)

• The Comptroller and Auditor General (CAG) of India also holds a constitutional post that is not subject to the Doctrine of Pleasure.
• The CAG is appointed by the President, but their tenure is secure. They can only be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court (Article 148(1) and 148(2)).
• This means the CAG can only be removed by an order of the President passed after an address by both Houses of Parliament, on grounds of proved misbehaviour or incapacity, supported by a special majority.
• This constitutional protection ensures the independence of the CAG, enabling them to effectively audit the accounts of the Union and the States without fear of arbitrary removal.