doctrine of pleasure.pptx

This paper looks at the Doctrine of Waiver, it’s definition and its historical growth over the period of time. It looks at the landmark judgment’s which have made some relevant points while looking at the doctrine. Some of the salient features of the doctrine has been laid down.

A right is frequently described as an interest or a claim that gives the holder the ability to control how others behave, i.e., to force them to perform or refrain from performing an action. It is critical to consider how frequently these rights are waived.

A person has specific legal rights that are granted to him by the constitution, a law, or a contract. A right is an interest or a claim that gives the holder the ability to direct the behaviour of others, i.e., to compel someone to do or refrain from doing something. Whether these rights can be waived raises an important question.

According to Black’s Law Dictionary, doctrine of waiver is the deliberate or willing renunciation of a recognized right. Waiver occurs when a person knowingly and consciously chooses not to exercise a right that they would otherwise have or knowingly gives that right away. When a person waives a right, they are no longer able to exercise it and are not permitted to question the legality of the law for which it was waived.

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.,

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Ananya Gupta Ba. Llb First year