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Doctrine of Pleasure (Article 310 and 311)

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Doctrine of Pleasure (Article 310 and 311)

Madhushri Sharma


Madhushri Sharma "Doctrine of Pleasure (Article 310 and 311)" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5, August 2018, pp.1444-1448, URL: https://www.ijtsrd.com/papers/ijtsrd17140.pdf

The study contains the concept of provisions of Doctrine of pleasure Article 310 and 311 of Indian Constitution. Researcher has described with context to rule of England. Article 310 states that member of the Defence Services or the Civil Servants of the Union or of All-India Services hold office during the pleasure of the President and member of the State Services hold office during the pleasure of the Governor. But the rule is qualified with word “except or “expressly provided by the constitution”. Article 311 provides some restrictions to the doctrine of pleasure. Researcher has also mentioned some relevant cases regarding doctrine of pleasure. Article 311 also gives safeguard to civil servants for protecting their rights so that nobody can do injustice with them. The ‘Pleasure Doctrine’ is a principle of the common law, the origins of which may be tracked back to the development of the concept in the United Kingdom. Similar provisions have been included in the Constitution of India to protect the interest of civil servants along with the protection of national security and public interest. The power to dismiss a Government servant at pleasure is subject to only those exceptions which are specified in the Constitution itself. It must be ensured that civil servants can’t make mockery of law if they are guilty and it is precisely for that reason, that the continued use of Doctrine of Pleasure is required in India. The study has used secondary data from research papers, monographs, theses, popular articles, and newspapers. Doctrine of pleasure does not allowed anybody to make scoff of the law if civil servant is guilty then he will be punished for the same.

Constitutional Provisions, Recommendations, Disciplinary Action, Safeguards, Enquiry Proceedings, Reasonable Opportunity, subordinate authority, Termination.

Volume-2 | Issue-5, August 2018
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

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