Part XIV & XIVA - Services and Tribunals • Article

Article 310 Simplified: Tenure of office of persons serving the Union or a State

Article 310 (Tenure of office of persons serving the Union or a State) regulates the recruitment, tenure, and constitutional protections of civil servants. It protects government officers (like IAS or IPS) from arbitrary dismissal or demotion by ensuring they cannot be fired without a proper inquiry and a fair hearing.

Official Text

(1) Except as expressly provided by this Constitution, 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. (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor *** of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor ***, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.

Simple Meaning

Explain Like Ten

This rule says that government employees serve at the pleasure of the President (for national jobs) or the Governor (for state jobs). It means they can technically be dismissed by them, but they are protected by other rules so they cannot be fired unfairly.

Student Mode

Article 310 adopts the English common law doctrine of tenure at the pleasure of the Crown ('Pleasure Doctrine') with modifications. Civil and defense posts under the Union are held during the pleasure of the President, and civil posts under a State are held during the pleasure of the Governor. This executive power is limited by 'express provisions' of the Constitution, notably Article 311 (safeguards) and provisions regarding Judges, CAG, and CEC. Clause (2) permits compensatory contracts for specialized non-cadre appointments if the post is abolished early without misconduct.

Example

For a real constitutional problem about tenure of office of persons serving the union or a state, Article 310 gives the starting rule and connects it to the wider system of public service rules.

Key Takeaway

Article 310 anchors tenure of office of persons serving the union or a state within India's constitutional system.

FAQs

What is the 'Doctrine of Pleasure' in the Indian Constitution?

It is the rule under Article 310 that public servants hold office during the pleasure of the President or Governor. While it ensures political control over civil services, it is strictly bound by constitutional safeguards under Article 311 in India.

Are there any exceptions to the pleasure doctrine under Article 310?

Yes. Judges of the Supreme Court and High Courts, the Comptroller and Auditor-General (CAG), and the Chief Election Commissioner (CEC) do not hold office at the pleasure of the President; they can only be removed via impeachment.

Quiz

According to Article 310, civil servants under the Union hold office during the pleasure of:

Answer: The President

Under Article 310(2), compensation can be paid to a contract appointee with special qualifications if:

Answer: The post is abolished before the contract expires (without misconduct)