A Study Analysis Of The Doctrine Of Pleasure In Light Of Article 310 & Article 311

Harini. S, B.A., L.L.B (Hons.), School of Excellence in Law, TNDALU, Chennai

ABSTRACT:

The study contains the analysis made on the Doctrine of Pleasure in the light of Article 310 and Article 311 of the Indian Constitution of 1950. The description is made initially based on the rule of England which specifies its origin. Article 310 states that any civil servant or any member of the All India Services hold office in the discretion or the pleasure of the President and members of the State services hold office in the discretion or the pleasure of the Governor of the state.

This doctrine of pleasure which is expressed under Article 310, also has certain Exceptions under the Article 311 of the Indian Constitution. The restrictions laid down by the Article 311 has been explained with relevant cases in this paper. This Article 311 also gives safe-guards to the Civil Servants so that no authorities or other people can try to infringe their rights. We can trace back the origin of the Doctrine of Pleasure from the United Kingdom. Similarly, the concept of this doctrine has been provided under the Indian Constitution itself in order to protect the interest of its public servants, along with the public interests. A public servant can only be dismissed subject to those exceptions and also it must be ensured that law is safe and it is not overruled by the public servants themselves. The role of this Doctrine of Pleasure plays a vital part in the field of administrative and executory discretion. The study is based on the sources derived from research papers, relevant articles, legal books, and such other secondary data. The doctrine of pleasure also provides the law to punish Civil Servants if they found guilty. The findings of this study suggests the importance of the Doctrine of Pleasure to protect the interest of the civil servants who protects the interests of the public and defend from those against them.

Keywords: Civil Servants, Discretion, Reasonable opportunity, Suggestions, Termination