Scribd
Upload
42 views1 page

D. of Pleasure

The Doctrine of Pleasure, adopted from the British legal system, allows the Crown to terminate civil servants without notice, reflecting public policy. In India, Articles 155 and 310 of the Constitution establish that civil servants hold office at the pleasure of the President or Governor, with certain restrictions outlined in Article 311 to protect against arbitrary dismissal. Landmark cases have clarified that the doctrine is not an absolute power and is subject to constitutional safeguards and public policy considerations.

Uploaded by

nag94ansh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
42 views1 page

D. of Pleasure

The Doctrine of Pleasure, adopted from the British legal system, allows the Crown to terminate civil servants without notice, reflecting public policy. In India, Articles 155 and 310 of the Constitution establish that civil servants hold office at the pleasure of the President or Governor, with certain restrictions outlined in Article 311 to protect against arbitrary dismissal. Landmark cases have clarified that the doctrine is not an absolute power and is subject to constitutional safeguards and public policy considerations.

Uploaded by

nag94ansh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

12/2/24, 10:16 PM drishtijudiciary.com/doctrines/constitution-of-india-doct/doctrine-of-pleasure?

print=2

Doctrine of Pleasure | 09 Feb 2024


Introduction

The doctrine of pleasure been adopted from the British legal system. It has been modified to suit Indian
context as per prevailing social structure in India.

What is the Doctrine of Pleasure?

The doctrine of Pleasure means that the Crown has the power to terminate the services of a civil
servant at any time they want without giving any notice of termination to the servant and thus a civil
servant holds office during the pleasure of the Crown.
This doctrine is based on public policy.

What are the Constitutional Provisions in Relation to Doctrine of Pleasure?

As per Article 155 of the Constitution of India, 1950 (COI), the Governor of a State is appointed by
the President and holds the office during the pleasure of the President.
Article 310 of the COI states that the civil servants (members of the Defence Services, Civil Services,
All-India Services or persons holding military posts or civil posts under the Centre/State) hold office at
the pleasure of the President or the Governor as the case may be.

What are the Restrictions on the Doctrine of Pleasure?

The COI lays down the following restrictions on the exercise of this doctrine:
The pleasure of the President or Governor is controlled by the provisions of the Article 311 of
the COI, so the field covered by Article 311 is excluded from the operation of this doctrine.
The tenure of the Supreme Court Judges, High Court Judges, Comptroller and Auditor General
of India, Chief Election Commissioner are not dependent on the pleasure of the President or
the Governor as the case may be. These posts are excluded from the operation of the doctrine of
pleasure.
This doctrine is subject to Fundamental Rights.
Article 311 of the COI provides the following safeguards to civil servants against any arbitrary
dismissal from their posts:
It imposes restrictions on the removal of a civil servant.
It provides for civil servants being given a reasonable opportunity for a hearing on the
charges against them.

What are the Landmark Case Laws of Doctrine of Pleasure?


State of Bihar v. Abdul Majid (1954):
The Supreme Court held that in relation to the Doctrine of Pleasure, the English Common Law
has not been adopted in its entirety and with all its rigorous implications.
Union of India v. Tulsiram Patel (1985):
The Supreme Court held that the doctrine of pleasure was neither a relic of the feudal age nor
was it based on any special prerogative of the British Crown but was based upon public policy.

https://www.drishtijudiciary.com/doctrines/constitution-of-india-doct/doctrine-of-pleasure?print=2 1/1

You might also like