Q. With respect to the Indian Constitution, which of the following statements regarding the ‘Doctrine of Pleasure’ is/are correct?
1. Every person who is a member of the civil service of a state holds office during the pleasure of the Governor of the state.
2. Members of the defense services in India are excluded from the purview of the doctrine of pleasure.
Select the correct answer using the codes given below:
Exp) Option a is correct answer.
The doctrine of Pleasure is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time.
Statement 1 is correct: In Indian context, Article 310 of the Constitution says every member of the civil service in the States holds office during the pleasure of the Governor. Hence the statement is correct.
Statement 2 is incorrect: Article 310 (1) of Constitution of India states that “Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President. Hence the members of defense services are not out of purview of the Doctrine of Pleasure.
| Important Tips The following are expressly excluded by the Constitution from the Doctrine of Pleasure. They are: 1. Supreme Court Judges (Article 124) 2. Auditor General (Article 148) 3. High Court Judges (Article 217, 218) 4. A member of Public Service Commission (Article 317) 5. The Chief Election Commissioner. |
