Question

Doctrine of 'Pleasure' applies to

• A. Legislative
• B. Civil servants
• C. Judges
• D. Cabinet Ministers

Hint:

Remember that the Doctrine of Pleasure (Article 310) in India is always read with the safeguards for civil servants provided in Article 311. This makes the Indian doctrine different from the absolute doctrine in England.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question is about the "Doctrine of Pleasure," a concept derived from English common law, which has been incorporated into the Constitution of India. It signifies that a person holds office at the pleasure of the Crown (or, in India, the President or Governor).

Step 2: Key Legal Provision:
Article 310(1) of the Constitution of India 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, members of state services hold office during the pleasure of the Governor.

Step 3: Detailed Explanation:
The Doctrine of Pleasure applies primarily to civil servants. This means their service can be terminated at any time by the President or Governor, without any cause being assigned. However, this doctrine in India is not absolute and is subject to the procedural safeguards provided in Article 311 of the Constitution (e.g., inquiry and opportunity to be heard before dismissal).
- (A) Legislators are elected representatives and do not hold office at pleasure.
- (C) Judges of the Supreme Court and High Courts have security of tenure and can only be removed through a process of impeachment, not at pleasure.
- (D) Cabinet Ministers, while they hold office during the pleasure of the President (Article 75(2)), their tenure is practically dependent on commanding a majority in the legislature. The primary application of the doctrine in service law is with respect to civil servants.

Step 4: Final Answer:
The Doctrine of 'Pleasure' as a principle of service law applies to civil servants.