The doctrine of pleasure grants the crown the authority to terminate the services of civil servants without notice, and they cannot sue for wrongful termination. Under the Indian Constitution, Article 310 allows civil servants to hold office at the pleasure of the President or Governor, with some limitations and safeguards outlined in Articles 309 and 311. The judiciary plays a crucial role in interpreting these provisions and ensuring compliance with constitutional safeguards against arbitrary dismissals.

1. DOCTRINE OF
PLEASURE

2. INTRODUCTION
• The doctrine of Pleasure means that the Crown has the
power to terminate the services of a civil servant at any
time they want without giving any notice of termination
to the servant.
• The civil servants work at the pleasure of the Crown
which can remove them at any time

3. • 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
• Doctrine is based on the concept of public policy and
whenever the Crown feels that a civil servant should be
removed from his office because keeping him will be
against public policy, the Crown can remove such servant.,

5. HISTORY
The Civil Services were
introduced in India during the
British rule therefore, their laws
and regulations were also
applied in India as per the
needs of the country. After the
independence of India, the civil
services were provided
Constitutional Status.
The laws of England still have a
great influence on Indian laws. The
doctrine of Pleasure is one of these
concepts which has been
introduced in India from the British
rule. Under this doctrine, the civil
servants were regarded as servants
of the crown and these civil
servants served at their pleasure.

6. ARTICLE 310
• Article 310 of the Indian Constitution states that every member of the defence or of
the civil services, whether of the Union or of All-India Service, or a person holding a
post connected with defence or a civil post of the Union holds office as per the
pleasure of the President. In the respective states, every member of the civil services
of the state or a person who holds a civil post of the state holds their position as per
the pleasure of the Governor. India follows a federal system of government, where
the country is run by the Union at the centre and by the State in the respective
states. The head of the Union Executive is the President, thus the members of the
civil services of the Union enjoy the office as long as the President allows so.
Similarly, the head of the State Executive is the Governor, and the members of the
state civil services enjoy their office as long as the Governor allows them.

7. LIMITATIONS
• Even though the doctrine of
pleasure has been taken from
England, it is not followed in the
exact manner as over there. The
doctrine can be subject to limitations
through constitutional provisions. An
Indian public servant can sue the
State for arrears of salary which is
evident from the word “except” used
in Article 310.
• The Supreme Court of India held
that no public servant has the right
to strike, whether morally or legally,
and that if a member of the civil
services felt aggrieved by any act of
the government or any organ of the
government, they could approach
the appropriate court or tribunal and
seek remedy for the same.

8. • But a public servant cannot be
dismissed except as per the rules
mentioned under Article 309 and the
procedure under Article 311(2) and
the Fundamental Rights in the
Constitution of India. The doctrine of
pleasure can also be invoked by a
public servant themselves as
compulsory termination in the
interest of public when they attain 50
years of age or have spent 25 years in
service
• The government does reserve the
right to retire a public servant against
their wish, but the servant can take
voluntary retirement as well. The
government also has a right to
abolish a post of civil service, which,
if exercised in bad faith, is subject to
judicial review.

9. SAFEGUARD
• Article 311 is observed only when a public
servant is to be dismissed, removed or
reduced in rank by way of punishment.
Thus, it becomes difficult to ascertain as to
when a termination or reduction order
would be deehe right to terminate a public
servant is not a personal right of the
President/Governor; the Council of
Ministers has to be consulted with before
such a step can be taken. A point worth
noting here is Article 311 is observed only
when public Servant is being removed
• The Supreme Court stated that to
determine this question, there were two
tests, namely, whether the public servant
possessed the right to hold office, and
whether such office had lead him to
produce evil consequences. If such a
servant had the right to hold that office or
rank, then any reduction or removal would
amount to punishment, and the servant
would be protected under Article 311. Both,
Articles 310 and 311, apply to all
government servants, whether permanent
or temporary, in office or on probation.

10. CONCLUSION
• Therefore, as the Doctrine of pleasure has been adopted from England, there
were modifications made in the Indian context as per the social structure in
India. The Judiciary is the key role for this doctrine because of the power of
judicial review. The main reason for which Articles 310 and 311 has been
incorporated in the constitution is still working today, and the insight of
corruption in future for which such provisions are included.

11. Ananya Gupta
Ba. Llb
First year