Consider the following statements:
1. Article 310 is derived from British constitutional practice.
2. It grants absolute power to remove civil servants without inquiry.
3. Article 311 limits the scope of Article 310.
Which of the above is/are correct?
Show answer & explanation
Correct answer: B
Explanation
The correct answer is option 2 i.e. 1 and 3 only.
Article 310 embodies the 'Doctrine of Pleasure,' sourced from British law, stating civil servants serve at the President/Governor's pleasure. However, this power is not absolute. Article 311 acts as a safeguard, limiting Article 310 by mandating that no civil servant be dismissed by an authority subordinate to their appointing one and ensuring a reasonable opportunity to be heard (inquiry) before removal, except in specific extraordinary circumstances.