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3 Part 2 Indian J. Integrated Rsch. L. 1 (2023)

handle is hein.journals/injloitd5 and id is 1 raw text is: Indian Journal of Integrated Research in Law A CRITICAL EXAMINATION OF THE DOCTRINE OF PLEASURE AND ITS APPLICABILITY AND SUITABILITY IN THE CONTEMPORARY INDIAN CONTEXT & COMPARATIVE ANALYSIS WITH COMMON LAW COUNTRIES Swati. V, Tamil Nadu Dr. Ambedkar Law University ABSTRACT Emerging from its roots in common law, the Doctrine of Pleasure was incorporated into the Indian Constitution under Part XIV, Article 310, drawing inspiration from English legal principles. However, in the context of public servants within the Defense and Union civil services, the concept of the Crown's goodwill was replaced with the President's pleasure. Similarly, at the state level, civil service officers' tenure was tied to the governor's pleasure. Despite this, the Constitution offers protections for civil servants, explicitly stating in Article 310 that removal is only permissible for reasons linked to misconduct. Furthermore, Article 311 strengthens safeguards for civil servants, outlining a framework for protection against arbitrary dismissal or demotion. This provision ensures that individuals in civil service roles are granted an opportunity to defend themselves against charges, with penalties or removal contingent on evidence presented during investigations. Notably, the safeguarding of civil servants' interests against unwarranted reduction or dismissal is a primary function of Article 311, reinforced by its enforceability within the court system. The historical Doctrine of Pleasure, originating during the British colonial period, maintains its relevance today. Consequently, the focal point of this research paper is to meticulously Analyze the rights bestowed upon Indian civil servants in relation to the Doctrine of Pleasure. This exploration will also involve a comparative examination of civil servants' rights in India vis- a-vis those in common law nations. Page: 1 Volume III Issue IV I ISSN: 2583-0538

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