Union and The States Art. 308 To 323

Services under the
union and the states

Art. 308 to 323
 Regulation of recruitment and conditions
of services of person serving the union
and the states.
 Tenure of the office of members of these
services
 Constitutional safeguards to the civil
servants
 Creation of All India services.
 Establishment of the service commission.
 Art. 309 subject to certain restriction
 Rules or Act must not contravene the
fundamental right .
 Art. 39(d) relating to equal pay for equal
work for both men and women.
 Subject to Art. 310
 Art. 311 contains procedural safe guards for
civil servants imposes a limitation on the
power conferred by Art. 309.
Doctrine of pleasure
 Doctrine of pleasure is drawn form Latin
word durante bene placito .which
means during pleasure.
 The doctrine of Pleasure is a common
law rule.
 This doctrine has its origin in England.
 The Doctrine of Pleasure is a special
prerogative of the British Crown.
 In England, a servant of the Crown
holds office during the pleasure of the
Crown and he can be dismissed from the
service of Crown at pleasure
 The tenure of office of a civil servant can
be terminated at any time without
assigning any cause.
 Even if there exists any special contract
between the Crown and the civil servant
concerned, the Crown is not bound by it.
 The civil servant is liable to be dismissed
without notice and they cannot claim
damages for wrongful dismissal or
immature termination of service.
 Doctrine of Pleasure under the Indian
Constitution is also based on the same policy
considerations as it existed under the common
law in England.
 This Doctrine of Pleasure is embodied in India
in Article 310(1).It reads as follows:
 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,
 and every person who is a member of a civil
service of a State or holds any civil post under a
State holds office during the pleasure of the
Governor of the State.
 The following are expressly excluded by
the Constitution from the rule of Pleasure.
They are:
• Supreme Court Judges, Article 124
• Auditor General, Article 148
• High Court Judges, Article 217,218
• A member of Public Service Commission, Art 317
• The Chief Election Commissioner.
 Though doctrine of pleasure is subject to the
provisions of Article 311 which provides for procedural
safeguards for civil servants.
Article 311 of the Constitution of India states that:
1. No person who is a member of a civil service of the
Union or an all-India service or a civil service of a State
or holds a civil post under the Union or a State shall be
dismissed or removed by an authority subordinate to
that by which he was appointed.
2. No such person as aforesaid shall be dismissed or

removed or reduced in rank except after an inquiry in
which he has been informed of the charges against
him and given a reasonable opportunity of being heard
in respect of those charges: Provided further that this
clause shall not apply—
a) where a person is dismissed or removed
or reduced in rank on the ground of
conduct which has led to his conviction on
a criminal charge; or
b) where the authority empowered to dismiss
or remove a person or to reduce him in
rank is satisfied that for some reason, to
be recorded by that authority in writing, it
is not reasonably practicable to hold such
inquiry; or
c) where the President or the Governor, as
the case may be, is satisfied that in the
interest of the security of the State it is not
expedient to hold such inquiry.
 Persons Entitled To Safeguard:
Constitutional safeguards provided under Article 311 are not
available to all the government servants.
The constitution bench of the Supreme Court in S.L. Agarwal
(Dr.) v. General Manager, Hindustan Steel Limited, generally
considered as to who are the persons entitled to the protection
of Article 311. The Court identified the following persons:
(1) Persons who are members of:
(a) A civil service of the union; or
(b) An All India Service; or
(c) A civil service of a State; or
(2) Hold a civil post under the Union or State.
Article 311(1) deals with persons employed in the civil side of

administration in contradistinction to defence.
Supreme Court in State of Assam v. Kanak Chandra Dutta
laid down that civil post in Clause (1) means a post not
connected with the defence services and outside the regular
civil services.

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Union and The States Art. 308 To 323

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Services under the

union and the states

2. No such person as aforesaid shall be dismissed or

Article 311(1) deals with persons employed in the civil side of

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