THE DOCTRINE OF PLEASURE VS. PROTECTION OF CIVIL SERVANTS IN INDIA: A STUDY OF CONSTITUTIONAL SAFEGUARDS

AUTHOR – PRIYAM SRIVASTAVA* & MANASVI AGARWAL**,

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – PRIYAM SRIVASTAVA, THE DOCTRINE OF PLEASURE VS. PROTECTION OF CIVIL SERVANTS IN INDIA: A STUDY OF CONSTITUTIONAL SAFEGUARDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 401-407, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Doctrine of Pleasure, rooted in English constitutional law, was adopted into Indian constitutional jurisprudence through Article 310 of the Constitution, enabling the President or Governor to dismiss civil servants at their discretion. However, India’s constitutional vision diverges from the colonial ethos by embedding protections for civil servants under Article 311, thereby creating a unique framework where executive authority is moderated by procedural safeguards. This research critically examines the doctrinal tension between executive prerogative and civil service security, especially in the context of Article 14’s guarantee against arbitrariness and the evolving principles of natural justice.

Through a chronological analysis of landmark judgments—from Shyamlal and Dhingra to Tulsiram Patel and T.S.R. Subramanian—the paper maps the judiciary’s gradual shift towards interpreting service protections in light of constitutional morality and fairness. It also highlights grey areas such as compulsory retirements, politically motivated transfers, and reversion, which often escape meaningful judicial scrutiny. The paper argues that while the judiciary has played a significant role in bridging doctrinal gaps, structural inconsistencies and lack of codified safeguards continue to undermine administrative independence.

The study concludes with a strong recommendation for legislative intervention through a comprehensive Civil Services Act, reinforcement of tenure stability, and institutional reforms in line with best practices in jurisdictions like the UK and Canada. Ultimately, the research underscores that protecting civil servants from arbitrary executive actions is not merely a matter of service law but a necessary condition for sustaining constitutional governance and public accountability in a democratic polity.

Keywords: Doctrine of Pleasure, Article 310, Article 311, Civil Servants, Constitutional Safeguards, Judicial Review, Administrative Law, Natural Justice, Rule of Law, Public Accountability.