Question

Doctrine of pleasure with reference to civil servants is mentioned under

• A. Art. 311 of the Indian Constitution
• B. Art. 308 of the Indian Constitution
• C. Art. 301 of the Indian Constitution
• D. Art. 310 of the Indian Constitution

Hint:

Remember that Articles 310 and 311 are a pair. \textbf{Article 310} gives the \textbf{power} (Doctrine of Pleasure), while \textbf{Article 311} provides the \textbf{protection} (safeguards against arbitrary dismissal). The question asks where the doctrine is "mentioned", which is Article 310.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The 'Doctrine of Pleasure' is a concept derived from English common law, which states that a civil servant holds office during the pleasure of the Crown. This principle is incorporated into the Indian Constitution, but with certain modifications and safeguards.
Step 2: Detailed Explanation:
- Article 310: This article explicitly incorporates the Doctrine of Pleasure. It states that members of the Defence Services, the Civil Services of the Union, and the All-India Services hold office "during the pleasure of the President". Similarly, members of the Civil Services of a State hold office "during the pleasure of the Governor" of the State. This means their services can be terminated at any time by the respective authorities.
- Article 311: This article acts as a safeguard and provides restrictions on the Doctrine of Pleasure. It does not contain the doctrine itself. It stipulates that (1) a civil servant cannot be dismissed or removed by an authority subordinate to the one that appointed them, and (2) they cannot be dismissed, removed, or reduced in rank without a proper inquiry and being given a reasonable opportunity to be heard.
- Article 308: This is an interpretation clause for Part XIV of the Constitution.
- Article 301: This article deals with the freedom of trade, commerce, and intercourse throughout India.
Step 3: Final Answer:
The Doctrine of Pleasure itself is laid down in Article 310 of the Constitution.