Question map
Under which one among the following Articles of the Constitution of India, a member of a Civil Service, whether of the Union or of a State, seeks protection from unlawful dismissal from service? (a) Article 309 (b) Article 311 (c) Article 315 (d) Article 320
Explanation
Article 311 of the Constitution of India provides essential procedural safeguards to members of the civil services of the Union or a State against arbitrary or unlawful dismissal, removal, or reduction in rank [2]. Specifically, Article 311(1) mandates that a civil servant cannot be dismissed or removed by an authority subordinate to the one that appointed them [1]. Article 311(2) further ensures that no such penalty can be imposed except after an inquiry in which the person has been informed of the charges and given a reasonable opportunity of being heard [3]. While Article 310 establishes the 'doctrine of pleasure,' Article 311 acts as a constitutional restriction on that pleasure to ensure job security and fairness. In contrast, Article 309 deals with recruitment and service conditions, Article 315 with Public Service Commissions, and Article 320 with their functions.
Sources
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 74: Public Services > Table 74.1 Articles Related to Public Services at a Glance > p. 550
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > ASSERTION (A) AND REASON (R) PATTERN > p. 769
- [3] https://doptcirculars.nic.in/OM/ViewOMNew.aspx?id=295