Under which one among the following Articles of the Constitution of In

Under which one among the following Articles of the Constitution of India, a member of a Civil Service, whether of the Union or of a State, seeks protection from unlawful dismissal from service ?

Article 309

Article 311

Article 315

Article 320

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UPSC CAPF – 2024

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The correct option is B, Article 311.

Article 311 of the Constitution of India provides constitutional safeguards to civil servants (members of the Union or State civil service or all-India service) against arbitrary dismissal, removal, or reduction in rank. It states that no such person shall be dismissed or removed by an authority subordinate to that by which he was appointed. It also provides for an inquiry where the person is informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges, before being dismissed, removed, or reduced in rank. This is the source of protection from unlawful dismissal or removal from service for civil servants.
Article 309 empowers Parliament and State Legislatures to regulate the recruitment, and conditions of service of persons appointed to public services and posts.
Article 315 provides for the establishment of a Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs).
Article 320 outlines the functions of the Public Service Commissions, including conducting examinations for appointments, consulting on appointments, promotions, transfers, and disciplinary matters.

Article 311 is a crucial provision ensuring security of tenure for civil servants, protecting them from political pressure or arbitrary action by the executive. However, there are certain exceptions to the requirement of inquiry under Article 311(2), such as when a person is dismissed on the ground of conduct which has led to his conviction on a criminal charge, or where the authority is satisfied that it is not reasonably practicable to hold such inquiry, or where the President or the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.

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