Question map
Constitutional safeguards available to Civil Servants are ensured by
Explanation
Constitutional safeguards for civil servants in India are primarily enshrined in Article 311 of the Constitution. This article provides two critical protections: first, a civil servant cannot be dismissed or removed by an authority subordinate to the one that appointed them [1]. Second, no such person can be dismissed, removed, or reduced in rank except after an inquiry in which they have been informed of the charges and given a reasonable opportunity to be heard [3]. These provisions act as a check against arbitrary executive action and ensure the principle of natural justice [2]. While Article 310 establishes the 'Doctrine of Pleasure,' Article 311 serves as a constitutional restriction on that pleasure to protect the security of tenure for civil servants. Article 312 pertains to the creation of All-India Services, and Article 317 deals with the removal of members of Public Service Commissions.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > ASSERTION (A) AND REASON (R) PATTERN > p. 769
- [3] https://dopt.gov.in/sites/default/files/Revised_AIS_Rule_Vol_I_Rule_01.pdf
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 30: THE SERVICES AND PUBLIC SERVICE COMMISSIONS > CHAP. 30] THE SERVICES AND PUBIC SERVICE COMMISSIONS 437 > p. 437