Question

what is called doctrine of pleasure? ​

Answer 1

Answer:

holding in enquiry in the allegations made against the Civil servant.

Answer 2

Answer:

The doctrine of pleasure is also followed in India. Since the President of India is the Executive Head of the Union and he enjoys the same position as the Crown enjoys in England, the President has been vested with the power to remove a civil servant at any time under this doctrine.

While this doctrine has been adopted in India it has not been blindly copied in the same manner as it is followed in England and there are some modifications which exist in India’s adoption of this doctrine from that of England. In India, Article 310 of the Indian Constitution embodies the provision for this doctrine.

According to Article 310, except for the provisions provided by the Constitution, a civil servant of the Union works at the pleasure of the President and a civil servant under a State works at the pleasure of the Governor of that State. This implies that the operation of the Doctrine of Pleasure can be limited by constitutional provisions. Under the constitution, the following are excluded from the operation of this doctrine:

Judges of the Supreme Court;

Judges of the High Courts;

Chief Election Commissioner; and

Comptroller and Auditor General of India.

Thus, this doctrine is not absolute and is subject to Constitutional provisions. The civil servants can also be excluded from the operation of this doctrine because they have been provided with some protection under Article 311 and thus this doctrine’s application can be limited to civil servants as well.

The Civil servants have not only been provided with Constitutional status under Article 308 but they have also been granted some protection under Article 311. By providing the civil servants with these protections, the confidence of the public in the civil services is maintained and the civil servants are also provided with the assurance that they can honestly carry out their duties without any fear of unjust or unlawful removal from their office under this doctrine.