DOCTRINE OF PLEASURE
1. Context
Tamil Nadu Chief Minister and DMK president, M.K. Stalin, has urged the Chief Ministers of the States ruled by parties other than the BJP to get resolutions passed in their Assemblies urging the Union government and the President to fix a time limit for Governors to approve the Bills passed by the Legislatures.
2. Doctrine of Pleasure
- The doctrine of Pleasure in the United Kingdom where the British Monarchy enjoys unique powers as all subordinates serve at the monarch's pleasure and are subject to dismissal at any time.
- In India, Article 310 codifies the Doctrine of Pleasure in Constitution which says every person in the defense or civil service of the Union holds office at the pleasure of the President, and every member of the Civil service in the states holds office during the pleasure of the Governor.
- Under Article 164, the Chief Minister is appointed by the Governor; and the other ministers are appointed by the Governor on the CM's advice.
- It adds that Ministers hold office at the pleasure of the Governor.
- In a constitutional scheme in which they are appointed solely on the CM's advice, the pleasure referred to is also taken to mean the right of the Chief Minister to dismiss a Minister and not that of the Governor.
- In short, the Governor of an Indian State cannot remove a Minister on his own.
3. Difference between the doctrine of pleasure followed in England and in India
In England
- In England, the Crown is regarded as the Executive head and the civil services are part of the Executive.
- Thus, the civil servants work at the pleasure of the Crown which can remove them at any time.
- When the civil servants are removed from their service, they do not have the right to sue the Crown for wrongful termination and they also cannot ask for damages undergone due to wrongful termination.
In India
- In India, as the President of India is the Executive Head of the Union, he has been vested with the power to remove a civil servant at any time under this doctrine.
- According to Article 310 of the Indian constitution, 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.
- Thus, the main difference between India and England is that doctrine of pleasure in India can be limited by constitutional provisions. For example, civil servants in India have been provided with some protection under Article 311.
4. Discretionary powers with the Governors
- Reservation of a bill for the President's reconsideration.
- When given administrators' charge, actions can be taken at will.
- Send report to the President for consideration of Constitutional Emergency.
- When he/she calls upon the Chief Minister to seek information regarding administrative and legislative affairs.
5. Constitutional Provisions Regarding the Assent of Bills
- Assent to bills under Article 200 i.e., the assent of the Governor to the bills passed by the state legislature.
- Giving assent to a bill passed by the legislature is a normal constitutional act performed by the Governor.
- The Governor is an appointee of the President, which means the Union government.
- Article 154(1) of the constitution vests in the Governor the executive power of the state, he is required to exercise that power in accordance with the constitution.
- In other words, the Governor can act only on the aid and advice of the Council of Ministers.
- While there is not much deviation from the language used in the Government of India Act of 1935 in the context of the powers of the British era Governors, it is a settled constitutional position that the Governor is only a constitutional head and the executive power of the state is exercised by the Council of Ministers.
When a bill is sent to the governor after it is passed by the state legislature, he/she can:
- Give his assent to the bill, or
- Withhold his assent to the bill, or
- Return the bill (if it is not a money bill) for reconsideration by the state.
- However, if the bill is passed again by the state legislature with or without amendments, the governor has to give his assent to the bill or
- Reserve the bill for the consideration of the President (Article 201). In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state high court.
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For Prelims: Doctrine of Pleasure, Governor, Council of Ministers, Article 310, Article 164, Article, 311, Article 200, Article 154(1), Article 201, Government of India Act 1935.
For Mains: 1. Has the Governor been acting more of an ‘agent of the center’ rather than being the ‘constitutional head of state’? Analyse in the light of recent controversies involving the post of Governor in India. (250 Words)
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Previous year Question
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1. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC 2019)
A. First Administrative Reforms Commission (1966)
B. Rajamannar Committee (1969)
C. Sarkaria Commission (1983)
D. National Commission to Review the Working of the Constitution (2000)
Answer: C
2. Consider the following statements: (UPSC 2018)
1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
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Source: The Hindu
