Question

Which of the following statements is/are correct about the Doctrine of Pleasure?

i. The Doctrine of Pleasure allows the President or Governor to terminate a civil servant’s service without any notice.

ii. The Doctrine of Pleasure is based on the British Crown’s prerogative and has been adopted without modifications in India.

iii. Article 311 imposes restrictions on the arbitrary dismissal of civil servants.

iv. The tenure of the Chief Election Commissioner is subject to the pleasure of the President.

v. The Supreme Court in State of Bihar vs. Abdul Majid (1954) held that the English Common Law was adopted in its entirety for the Doctrine of Pleasure.

• A. Only i and iii
• B. Only iii
• C. Only i, iii, and iv
• D. Only ii and v

Answer 1

Answer:

A. Only i and iii

Doctrine of Pleasure in Indian Polity

• The Doctrine of Pleasure is a principle derived from English Common Law, which grants the Crown the right to dismiss its servants at will.
• In India, this doctrine is applicable to civil servants holding office during the pleasure of the President or the Governor, as the case may be.
• Statement (i) is correct: This doctrine, in its original form, allows for the termination of a civil servant’s service without the requirement of a formal inquiry or notice.
• Statement (ii) is incorrect: While the doctrine has its roots in British Crown's prerogative, it has been significantly modified and incorporated into the Indian Constitution, particularly with the safeguards provided under Article 311. It is not adopted without modifications.
• Statement (iii) is correct: Article 311 of the Indian Constitution imposes crucial restrictions on the arbitrary dismissal, removal, or reduction in rank of persons employed in civil capacities under the Union or a State. It mandates that such actions can only be taken after an inquiry, giving the civil servant a reasonable opportunity to be heard.
• Statement (iv) is incorrect: The Chief Election Commissioner (CEC) and other Election Commissioners hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. Their removal from office is through a process similar to that of a Supreme Court Judge, requiring a resolution passed by a majority of total membership of each House of Parliament and by a majority of not less than two-thirds of the members of that House present and voting, on the grounds of proven misbehaviour or incapacity. They are not removable by the pleasure of the President.
• Statement (v) is incorrect: The Supreme Court in State of Bihar vs. Abdul Majid (1954) clarified that the Doctrine of Pleasure, as applied in India, is subject to the provisions of the Constitution, particularly Article 311. The Court held that the doctrine is not absolute and cannot be invoked to violate constitutional guarantees. The English Common Law was not adopted in its entirety.

Key Takeaways for Competitive Exams:

• Understand the exceptions to the Doctrine of Pleasure, primarily Article 311, which protects civil servants.
• Differentiate between positions held during the pleasure of the President/Governor and those with fixed tenures and specific removal procedures (e.g., CEC, Judges).
• Recognize that the Indian application of the Doctrine of Pleasure is a qualified doctrine, not an absolute one.