Article 311 of the Indian Constitution

Source- This post on Article 311 of the Indian Constitution has been created based on the article “Five policemen sacked in J&K in drug, terror cases” published in “The Hindu” on 5 August 2024.

Why in News?

The Jammu and Kashmir Lieutenant-Governor recently invoked Article 311 of the Constitution and terminated the services of six government employees.

About Article 311 of the Indian Constitution

1.  Article 311 outlines the procedures and safeguards to be followed before a government employee can be dismissed, removed, or reduced in rank.

2. It acts as a shield against arbitrary actions by the government and upholds the principles of natural justice.

Key Provisions

i) Opportunity to Defend: No government employee can be dismissed, removed, or reduced in rank except after an inquiry in which they have been informed of the charges against them and given a reasonable opportunity to defend themselves.

ii) Authority for Action: A civil servant can only be removed from their services by the authority who appointed them or by someone with the same authority or rank as the appointing authority.

iii) Grounds for Dismissal:

a) An employee’s performance or conduct must be found unsatisfactory or detrimental to the efficient functioning of the government.

b) An employee involved in corruption, bribery, fraud, or any other offense involving moral turpitude can be dismissed.

Procedure for Disciplinary Action

i) The competent authority must clearly state the allegations and grounds for disciplinary action.

ii) The employee must be given a reasonable opportunity to respond to the charges and present their defense.

iii) An impartial inquiry should be conducted by a competent authority, allowing the employee to present their case and cross-examine witnesses or evidence.

iv) A report should be prepared after the inquiry, taking into account all evidence and submissions made during the inquiry.

v) The competent authority should make a reasoned decision based on the inquiry report and communicate it to the employee. The decision must be reasonable, fair, and in accordance with the principles of natural justice.

 Exceptions to Article 311

i) Security of the State: If the employee’s activities are deemed prejudicial to the security of the State, the President or the Governor can dispense with the inquiry and take immediate action.

ii) Efficiency in Public Service: If the President or the Governor believes it is in the interest of security or efficiency of public service, they can dispense with the inquiry and take appropriate action.

iii) Probationary Employees: Probationary employees, who have not yet acquired the right to hold a permanent position, can be dismissed or removed without an inquiry.

iv) Judicial Review:  Article 311 provides for judicial review of decisions made under its provisions. Remedies may include reinstatement, back wages, or any other relief deemed appropriate by the court.

UPSC Syllabus: Polity and nation