{"id":306451,"date":"2024-08-05T19:06:59","date_gmt":"2024-08-05T13:36:59","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=306451"},"modified":"2024-08-05T19:06:59","modified_gmt":"2024-08-05T13:36:59","slug":"article-311-of-the-indian-constitution","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/article-311-of-the-indian-constitution\/","title":{"rendered":"Article 311 of the Indian Constitution"},"content":{"rendered":"

Source- This post on Article 311 of the Indian Constitution<\/strong> has been created based on the article \u201cFive policemen sacked in J&K in drug, terror cases<\/strong><\/a>\u201d published in “The Hindu”<\/strong> on 5 August 2024.<\/p>\n

Why in News?<\/h2>\n

The Jammu and Kashmir Lieutenant-Governor recently invoked Article 311 of the Constitution and terminated the services of six government employees.<\/p>\n

About Article 311 of the Indian Constitution<\/h2>\n

1.\u00a0 Article 311 outlines the procedures and safeguards to be followed before a government employee can be dismissed, removed, or reduced in rank.<\/p>\n

2. It acts as a shield against arbitrary actions by the government and upholds the principles of natural justice.<\/p>\n

Key Provisions<\/h2>\n

i) Opportunity to Defend:<\/strong> 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.<\/p>\n

ii) Authority for Action:<\/strong> 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.<\/p>\n

iii) Grounds for Dismissal: <\/strong><\/p>\n

a) An employee\u2019s performance or conduct must be found unsatisfactory or detrimental to the efficient functioning of the government.<\/p>\n

b) An employee involved in corruption, bribery, fraud, or any other offense involving moral turpitude can be dismissed.<\/p>\n

Procedure for Disciplinary Action<\/h2>\n

i) The competent authority must clearly state the allegations and grounds for disciplinary action.<\/p>\n

ii) The employee must be given a reasonable opportunity to respond to the charges and present their defense.<\/p>\n

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

iv) A report should be prepared after the inquiry, taking into account all evidence and submissions made during the inquiry.<\/p>\n

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.<\/p>\n

\u00a0Exceptions to Article 311<\/h2>\n

i) Security of the State:<\/strong> 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.<\/p>\n

ii) Efficiency in Public Service:<\/strong> 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.<\/p>\n

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

iv) Judicial Review: \u00a0<\/strong>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.<\/p>\n

UPSC Syllabus: Polity and nation<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Source- This post on Article 311 of the Indian Constitution has been created based on the article \u201cFive policemen sacked in J&K in drug, terror cases\u201d 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… Continue reading Article 311 of the Indian Constitution<\/span><\/a><\/p>\n","protected":false},"author":10366,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1566,1760],"tags":[11872,10498],"class_list":["post-306451","post","type-post","status-publish","format-standard","hentry","category-daily-factly-articles","category-polity-and-nation","tag-9pm-daily-factly","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/306451","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10366"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=306451"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/306451\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=306451"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=306451"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=306451"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}