What's New

Q. What do you understand by the “Doctrine Of Pleasure”? Discuss the relevance of this doctrine in the context of civil services in India.

The Doctrine of Pleasure was borrowed in India from England. In England, a servant of the Crown used to hold office during the pleasure of the Crown i.e., the services of a civil servant could be terminated at any time, at will, without assigning any reason. That, the Crown is not bound by any contract between it and a civil servant and therefore, the civil servant can neither enforce in a court of law any of the conditions of his service.

Article 310 of the Indian Constitution incorporates the doctrine of pleasure. It expressly provides that all persons who are members of the Defense Services or the Civil Services of the Union or of All- India Services hold office during the pleasure of the President. Similarly, members of the State Services hold office during the pleasure of the Governor.

Although, it seems that this doctrine is not appropriate for a democratic setup like India, yet it holds relevance in the context of civil services in India in the following ways:

• Prevents abuse of power: It ensures that the immunity given to civil servants under various provisions (Articles 309 and 311), is not abused by them.
• Basis of ‘public policy’, ‘public interest’ and ‘public good’: The Supreme Court of India has justified the pleasure doctrine on the basis of ‘public policy’, ‘public interest’ and ‘public good’ insofar as inefficient, dishonest or corrupt persons, or those who have become a security risk, should not continue in service.
• Discourages immoral behavior: It enables the government to punish any of its servants for misconduct committed not only in the course of official duties but even for that committed in private life.
• Efficient administration: It would ensure that deadwood is weeded out from the system. Also, this concept inculcates a sense of duty in civil servants to work and run the administration effectively for the betterment of the country.
• Expedites disciplinary proceedings: Doctrine of pleasure enshrined in our Constitution was to cut down some procedural formalities to expedite disciplinary proceedings against civil servants.

While the doctrine of pleasure has been adopted from the British legal system, it has been modified to suit Indian context as per prevailing social structure in India. For example, safeguards in the Constitution, being subject to fundamental rights, applicability of judicial review etc. make it appropriate for India by toning down their probability of arbitrariness.