Consider the following statements : The ‘pleasure’ doctrine with regar

Consider the following statements :
The ‘pleasure’ doctrine with regard to service of the civil servants under the Constitution of India is

  • 1. absolute
  • 2. subject to Article 309
  • 3. subject to Article 311

Which of the above statements is/are correct?

1 only
2 only
1 and 2
3
This question was previously asked in
UPSC Combined Section Officer – 2019-20
The pleasure doctrine, stated in Article 310 of the Constitution, signifies that civil servants hold office during the pleasure of the President or Governor, as the case may be. However, this power is not absolute and is subject to certain constitutional limitations, most significantly those provided under Article 311, which lays down procedural safeguards against arbitrary dismissal, removal, or reduction in rank.
– Statement 1 is incorrect; the pleasure doctrine under the Indian Constitution is not absolute.
– Statement 3 is correct; Article 310 is expressly made subject to the provisions of Article 311, which provides civil servants with safeguards like the right to an inquiry and a reasonable opportunity of showing cause before being dismissed, removed, or reduced in rank.
– Statement 2 is incorrect; while Article 309 relates to rules governing conditions of service, the pleasure doctrine’s limitations stem primarily from Article 311, which overrides rules made under Article 309 if they conflict with the protections under 311.
Article 310(1) states: “Except as expressly provided by this Constitution, 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, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.” Article 310(2) mentions contractual appointments being an exception. Article 311 provides the procedural restrictions on the exercise of this pleasure.