What is the doctrine of pleasure?
In England, the normal rule is that a Civil Servant of Crown holds his office during the pleasure of the Crown. This means that his services can be terminated at any time by the Crown, without assigning any reason. Even if there is a contract of employment between the Crown, the Crown is not bound by it. In other words, if a Civil Servant is dismissed from services he cannot claim arrears of salary or damages for premature termination of his service.The doctrine of pleasure is based on the public policy.
See....The Doctrine of Estoppel Under Indian Evidence Act.
In India, Article 310 of the Indian Constitution incorporates the common law doctrine of pleasure. It expressly provides that all persons who are members of the Defence Services or the Civil services of the Union or of all-India Services hold office during the pleasure of the President.Similarly, members of the State Services hold office during the pleasure of the Governor.
What are restrictions on doctrine of pleasure?
According to Article 311 Indian Constitution, there are certain restrictions on the doctrine of pleasure. The Safeguards are provided to the tenure of Supreme Court Judges, High Court Judges, Auditor General of India, Chief Election Commissioner, Chairman and members of the Public Service Commission.
Article 311 of the Indian Constitution provides the following safeguards to Civil Servant against any arbitrary dismissal from their post -
(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
Doctrine of 'Precedent' in India
Post a Comment