DOCTRINE OF PLEASURE
- Article 310 of the Indian Constitution encompasses the "doctrine of pleasure," which stipulates that all civil servants in India serve at the discretion of the President or the Governor, as applicable.
- This implies that the President or Governor possesses the authority to dismiss any civil servant from their position without the obligation to provide a specific reason.
- The doctrine of pleasure has its origins in the colonial era of British rule and was integrated into the Indian Constitution to enable the government to remove civil servants who demonstrate incompetence, corruption, or disloyalty. Nevertheless, it has faced criticism for granting the government excessive influence over civil servants and rendering them susceptible to political interference.
- Article 310 also includes exceptions to the doctrine of pleasure. For instance, civil servants cannot be terminated without being granted a reasonable opportunity to defend themselves. Furthermore, civil servants who are removed from their posts are entitled to certain benefits, such as pensions and gratuities.
- The doctrine of pleasure holds a significant role in the Indian governance system as it empowers the government to manage its bureaucracy. Nevertheless, it is imperative to ensure that this doctrine is not abused and that civil servants are safeguarded against arbitrary dismissals.
Article 311 of the Indian Constitution provides certain protections to government employees or civil servants. It ensures that they cannot be dismissed, removed, or reduced in rank by an authority subordinate to the one that appointed them. This article primarily safeguards civil servants from arbitrary or politically motivated actions that could adversely affect their employment.
Article 311 outlines the following key provisions:
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No dismissal, removal, or reduction in rank: A civil servant cannot be dismissed, removed, or reduced in rank by an authority lower in rank than the one that appointed them.
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Opportunity for a hearing: Before any such action is taken against a civil servant, they must be given a reasonable opportunity to defend themselves. This includes being informed of the charges against them and being provided with a chance to respond.
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Right to representation: The civil servant has the right to be represented by a legal practitioner or any other person of their choice during the inquiry or disciplinary proceedings.
While Article 311 provides important protections for civil servants, it's also subject to certain exceptions and conditions. For example, if a civil servant is appointed to a temporary position, holds a probationary position, or has been convicted of a criminal offense, the protections of Article 311 may not apply in the same manner.
Overall, Article 311 is designed to ensure that civil servants are treated fairly and in accordance with established procedures when facing disciplinary actions, thereby upholding the principles of natural justice and due process in public employment.
4. Article 310 vs Article 311
Here's a comparison table between Article 310 and Article 311 of the Indian Constitution:
| Aspect | Article 310 | Article 311 |
|---|---|---|
| Application | Pertains to the doctrine of pleasure and the | Provides protections to government employees or |
| terms and conditions of service for government | civil servants against arbitrary dismissal, | |
| employees, including civil servants. | removal, or reduction in rank. | |
| Protection Against | Article 310 does not provide specific | Article 311 safeguards government employees |
| Dismissal or Removal | protections against dismissal or removal. | from arbitrary dismissal, removal, or reduction |
| in rank by superior authority. | ||
| Opportunity for a | Article 310 does not explicitly mention the | Article 311 mandates that a civil servant must |
| Hearing | requirement for a hearing. | be given a reasonable opportunity to defend |
| themselves before any adverse action is taken. | ||
| Right to Representation | Article 310 does not address the right to | Article 311 allows the civil servant the right |
| representation during inquiry or disciplinary | to be represented by a legal practitioner or | |
| proceedings. | any person of their choice during the process. | |
| Exceptions and | Article 310 focuses on the general terms and | Article 311 is subject to exceptions and |
| Conditions | conditions of service for government employees. | conditions, such as not applying in cases of |
| certain types of appointments or criminal | ||
| convictions. |
5.What is Strategic Forces Command (SFC) unit?
The Strategic Forces Command (SFC) is a specialized unit of the Indian Armed Forces responsible for the management and employment of the country's strategic nuclear forces. The primary mission of the SFC is to safeguard and control India's land-based and sea-based nuclear ballistic missiles. It plays a crucial role in India's nuclear deterrence strategy.
Key functions and responsibilities of the Strategic Forces Command include:
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Nuclear Deterrence: The SFC is tasked with maintaining a credible and effective nuclear deterrence posture. It ensures that India's nuclear weapons remain secure and ready for use in the event of a nuclear threat.
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Custodianship: The SFC is responsible for the safe custody and control of India's nuclear weapons, as well as the associated delivery systems, such as ballistic missiles.
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Command and Control: The SFC manages the command and control infrastructure required to coordinate and execute nuclear operations. This involves communication, early warning systems, and secure command centers.
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Operational Planning: The SFC is involved in the development of operational plans for the use of nuclear weapons in various scenarios.
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Training and Drills: It conducts training and drills to ensure that personnel are prepared to execute their duties in a nuclear warfare scenario.
The SFC is an important component of India's nuclear strategy, which is based on a no-first-use (NFU) policy, meaning that India commits to not using nuclear weapons first in any conflict but reserves the right to respond with nuclear force if subjected to a nuclear attack.
The SFC operates under the authority of the Nuclear Command Authority (NCA), which is the apex body responsible for the command and control of India's nuclear assets. The NCA is chaired by the Prime Minister of India, who is the ultimate authority in making decisions regarding the use of nuclear weapons.
6. What is the Doctrine of Pleasure?
- The "doctrine of pleasure" is a legal principle that grants a government or a higher authority the discretionary power to hire, fire, or take actions related to civil servants or public officials at its own discretion.
- In essence, it means that civil servants or government employees serve at the pleasure of the authority that appointed them, and that authority can remove or dismiss them from their positions at any time without the need to provide a specific reason or cause for their action.
- This doctrine is often associated with the employment of civil servants in some countries, where government officials, such as heads of state, have the authority to hire and fire public servants as they see fit. The doctrine of pleasure is rooted in historical and legal traditions and is prevalent in various administrative and constitutional systems.
7. Way forward
“There shall be a President of India”, says Article 52 of the Constitution, and explains, in the next Article, his role and position: “The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.”
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For Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc. For Mains: General Studies II: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these. |
Source: Indianexpress
