Article 310 of the Indian Constitution deals with the tenure of office for individuals serving under the Union or a State. It lays down the principle of holding office “during the pleasure” of the President or the Governor, subject to the provisions of the Constitution. This article significantly impacts the employment security of government servants, outlining the circumstances under which their service can be terminated.
Original Text
(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of the Union civil service 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.
(2) Notwithstanding that a person holds office under the Union or a State during the pleasure of the President or, as the case may be, of the Governor of the State, any law providing for the dismissal or removal of a person referred to in clause (1), or the compulsory retirement of such a person, on the ground of misconduct, after an inquiry held by him in accordance with the requirements of such law or under the provisions of article 311, shall not be deemed to be inconsistent with the provisions of this article.
Detailed Explanation
Article 310 establishes the principle of “doctrine of pleasure” in the context of government service in India. Clause (1) stipulates that individuals belonging to the defense services, Union civil services, All-India services, or those holding posts connected with defense or any civil post under the Union serve at the President’s pleasure. Similarly, members of a State’s civil service and those holding civil posts under a State serve at the Governor’s pleasure. This essentially means that the President or the Governor can terminate the service of these individuals at any time, without any specific reason (though this power is subject to constitutional limitations).
Clause (2) qualifies the “doctrine of pleasure”. It clarifies that laws providing for dismissal, removal, or compulsory retirement due to misconduct, after an inquiry, are not inconsistent with Article 310. This includes actions taken according to established procedures or under Article 311, which provides protections to civil servants. Essentially, while the government servant holds office at the pleasure of the President/Governor, this pleasure is not absolute and is subject to the safeguards outlined in the Constitution, particularly Article 311.
Detailed Notes
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Doctrine of Pleasure:
- The core principle is that government servants hold office at the pleasure of the President (Union) or Governor (State).
- This is a key aspect of the relationship between the executive and the civil services.
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Scope of the Doctrine:
- Applies to:
- Members of the Defence Services
- Union Civil Services
- All-India Services
- Those holding posts connected with Defence or any Civil Post under the Union
- Members of State Civil Services
- Those holding any civil post under a State
- Implies that their services can be terminated at any time.
- Applies to:
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Limitations and Exceptions:
- The “pleasure” is not absolute.
- Subject to the provisions of the Constitution, specifically Article 311.
- Article 311 provides safeguards against arbitrary dismissal or removal.
- These include being given a reasonable opportunity of being heard.
- Provisions for inquiry before removal or dismissal.
- Parliament or State legislatures can legislate on the terms and conditions of service, which can further limit the exercise of the “pleasure” doctrine.
- Judicial review is available, and courts can intervene if the doctrine is exercised arbitrarily or in violation of constitutional provisions.
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Clause (2) - Safeguards Regarding Dismissal and Removal:
- Laws regarding dismissal, removal, or compulsory retirement for misconduct are permissible.
- Such laws must prescribe a process of inquiry.
- Such inquiries should adhere to the provisions of Article 311.
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Importance of Article 311:
- Article 311 is crucial as it provides constitutional protection against arbitrary action by the executive.
- Article 311 provides safeguards like informing the government servant of the charges against them, giving them an opportunity to be heard, and carrying out a proper inquiry.
Additional Comments
- The “doctrine of pleasure” is a legacy of British rule, but its scope and application are now subject to constitutional safeguards.
- The intent of this article is to ensure administrative efficiency and accountability.
- It balances the need for executive control over civil servants with the protection of their rights.
- The judiciary plays a crucial role in interpreting and enforcing the limitations on the doctrine of pleasure.
- The relationship between the President/Governor and civil servants is a critical element of the Indian constitutional framework.
Summary
Article 310 establishes the principle of holding office during the pleasure of the President or Governor for government servants, encompassing defence, Union, and State services, and related posts. This doctrine allows for the termination of employment at the discretion of the executive. However, it is not absolute and is constrained by constitutional provisions, particularly Article 311, which protects civil servants from arbitrary dismissal or removal through established procedures and safeguards. The law can provide for dismissal or compulsory retirement due to misconduct after an appropriate inquiry.