Write an essay on Constitutional protection to civil servants

Question: Write an essay on Constitutional protection to civil servants [BJS 1984]

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Answer

The role of civil services is extremely important in India as they help to execute the policies and programs of the Government. Civil servants must have qualities such as honesty, loyalty, fairness, dynamism, impartiality, and so on. For the smooth functioning of civil servants, our constitution of India has accorded certain constitutional protection to Civil Servants in Articles 308 to 323. Following discussed is the essential constitutional protection accorded to civil servants and services:

a. Service Rules

Article 309 talks about the recruitment and conditions of services of persons serving the Union or any State. The provision follows that the conditions of services must conform to the provisions of the Constitution that are mandatory and cannot violate any fundamental rights.

In West Bengal Electricity Board v. Desh Bandhu Ghosh, [1985 3 SCC 116] it was held that the service rules providing for termination of services within 3 months notice on either side was arbitrary and thus violative of Article 14. Similarly in Moti Ram v. N.E. Frontier Railways, [AIR (1964) SC 600] it was held that termination of services of permanent employees by giving them notice for the mentioned period violated Article 311.

b. Doctrine of Pleasure

Article 310 consists of the general principle of Doctrine of Pleasure in regards to the civil servants and the services. The provision has integrated this doctrine and provides that all persons who are members of the Defense Services or the Civil Services of the Union or All India Services hold office during the pleasure of the President. Similarly, members of State Service hold their position during the pleasure of the Governor.

The power of the President or Governor to dismiss civil servants is not a personal right. It should only be exercised with the aid and advice of his Council of the Minister. The Supreme Court of India has justified the Doctrine of Pleasure on the grounds of Public Policy, public interest, and the public good.

Article 311 puts certain restrictions on the absolute power of the President or Governor for dismissal, removal or reduction in rank of an officer. Article 311 reads as follows:

(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

The Constitution of India through Article 311 thus protects and safeguards the rights of civil servants in Government service against arbitrary dismissal, removal and reduction in rank. Such protection enables the civil servants to discharge their functions boldly, efficiently, and effectively.

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Important Mains Questions Series for Judiciary, APO & University Exams

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