The status of civil servants in India is founded on a modified version of the English common law doctrine of pleasure.
1. Concept and Origin
In England, all public servants hold office during the pleasure of the Crown (durante bene placito). The Crown can dismiss a servant at any time without assigning reasons, and no contract can restrict this pleasure.
2. Constitutional Status: Article 310
Article 310(1) adopts this principle, declaring that every person who is a member of a defense service, civil service of the Union, or All-India Service holds office during the pleasure of the President, and civil servants of a State hold office during the pleasure of the Governor.
3. Critical Constitutional Limits
Unlike the English system, the Pleasure Doctrine in India is not absolute and is subject to strict constitutional limitations:
- Excluded Positions: Key constitutional officers are excluded from the pleasure doctrine and have tenure protection (they can only be removed by special impeachment-like procedures):
- Judges of the Supreme Court and High Courts.
- The Chief Election Commissioner (CEC).
- The Comptroller and Auditor General (CAG).
- Subject to Article 311: The pleasure of the President/Governor must be exercised in strict compliance with the procedural safeguards guaranteed under Article 311.