AS

Abhishek Singh

Question Q1GS2GS2

Discuss the safeguards available to civil servants against the doctrine of pleasure under Article 310 of the Indian Constitution.

Open scan (p.5)

Main Body

Safeguards available to Civil Servants against doctrine of pleasure under Article 310 of Indian Constitution. Sardar Vallabh Bhai Patel called civil service as 'Steel frame of India'. Doctrine of Pleasure: Under Article 310, holding of office by Civil servants of Centre & State are at the pleasure of President & Governor respectively. Safeguards available to Civil Servants: Article 311 place three requisitions to the doctrine of pleasure: (1) A civil servant cannot be dismissed from service by an authority subordinate to who appointed them. (2) A civil servant can not be removed or demoted in rank until an enquiry on the same has happened. (2nd safeguard not available if)

The civil servant will be informed of charges against him & will be given opportunity to be heard. (2nd safeguard not available if) Conviction under holding Security of Criminal charges is not patricular: Supreme Court's directive about 2nd clause: ⟶ opportunity to establish his innocence ⟶ Cross-examining the witnesses by accused ⟶ Copy of enquiry report to accused be given. Concerns: ⟶ Excessive protection to civil servant ⟶ Takes too much time in judicial process ⟶ Justice delayed is justice denied Pursuant to above Concerns 2nd amendment act removed the opportunity of being heard at punishment stage. This opportunity is available at inquiry stage. Article 311 protects honest civil servants which is necessary for them to function without fear and

229 words1 paragraphs

Conclusion

Article 311 protects honest civil servants which is necessary for them to function without fear.

15 words

Topper

Abhishek Singh

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Executive

Civil Service Protections

Writing Stats

244

Total words

1

Paragraphs