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Doctrine of Pleasure in India

Doctrine of Pleasure in India

Introduction

The Doctrine of Pleasure is a constitutional principle that governs the tenure of government servants in India. Originating from British common law, it was incorporated into the Indian Constitution to ensure administrative flexibility. However, unlike its absolute application in the UK, the Indian version includes safeguards to protect civil servants from arbitrary dismissal.

Origin and Meaning

In British law, the doctrine allowed the Crown to dismiss civil servants at any time without reason or notice. This principle was adopted in India but modified to align with democratic values and the rule of law.

Historical Background

In British law, the doctrine allowed the Crown to dismiss civil servants at any time without reason or notice. This principle was adopted in India but modified to align with democratic values and the rule of law. The Latin maxim "durante bene placito" (during good pleasure) encapsulates this concept. In England, the Crown is regarded as the Executive head, and the civil services are part of the Executive. The doctrine of Pleasure means that the Crown has the power to terminate the services of a civil servant at any time they want without giving any notice of termination to the servant. Thus, the civil servants work at the pleasure of the Crown, which can remove them at any time. When the civil servants are removed from their service, they do not have the right to sue the Crown for wrongful termination and they also cannot ask for damages undergone due to wrongful termination. This doctrine is based on the concept of public policy, and whenever the Crown feels that a civil servant should be removed from his office because keeping him will be against public policy, the Crown can remove such a servant.

Constitutional Provisions

Article 310 – Tenure at Pleasure

Article 310 of the Indian Constitution states that civil servants of the Union and States hold office during the pleasure of the President or the Governor, respectively. This means their tenure is not fixed and can be terminated at the discretion of these authorities.

Article 311 – Safeguards for Civil Servants

To prevent misuse of the Doctrine of Pleasure, Article 311 provides protections:

  1. No dismissal by subordinate authority: A civil servant cannot be dismissed by an authority lower than the one that appointed them.

  2. Right to a fair hearing: Before dismissal, a civil servant must be informed of the charges and given a reasonable opportunity to defend themselves.

These provisions ensure that dismissals are not arbitrary and uphold principles of natural justice.

Exceptions to the Doctrine

Certain high constitutional offices are exempt from the Doctrine of Pleasure to maintain their independence:

  • Judges of the Supreme Court and High Courts: Their removal requires a rigorous impeachment process.

  • Comptroller and Auditor General (CAG): Protected under Article 148.

  • Chief Election Commissioner: Secured under Article 324.

These positions cannot be terminated at the discretion of the President or Governor, ensuring their autonomy.

Judicial Interpretations

Indian courts have clarified the application of the Doctrine of Pleasure:

  • State of Bihar v. Abdul Majid (1954): The Supreme Court held that a government servant wrongfully dismissed could claim arrears of salary, indicating that the doctrine is subject to constitutional provisions.

  • Union of India v. Tulsiram Patel (1985): The Court emphasized the balance between administrative efficiency and the rights of civil servants, reinforcing the importance of Article 311 safeguards.

Conclusion

The Doctrine of Pleasure in India provides the government with the flexibility to manage its workforce effectively. However, through constitutional safeguards and judicial oversight, it ensures that civil servants are protected from arbitrary actions, maintaining a balance between authority and individual rights.


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