Consider the following statements:1. Article 311 of the Indian Constit...
- Article 311 (1) says that no government employee either of an all India service or a state government shall be dismissed or removed by an authority subordinate to the own that appointed him/her.
- Article 311 (2) says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.
- People Protected under Article 311: The members of
- Civil service of the Union,
- All India Service, and
- Civil service of any State,
- People who hold a civil post under the Union or any State.
- The protective safeguards given under Article 311 are applicable only to civil servants, i.e. public officers. They are not available to defence personnel. Hence, statement 1 is not correct.
- Article 309 empowers the Parliament and the State legislature to regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State respectively.
- According to Article 310, except for the provisions provided by the Constitution, a civil servant of the Union works at the pleasure of the President and a civil servant under a State works at the pleasure of the Governor of that State (English doctrine of Pleasure). Hence, statement 2 is not correct.
- But this power of the Government is not absolute.
- Article 311 puts certain restrictions on the absolute power of the President or Governor for dismissal, removal or reduction in rank of an officer.
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Consider the following statements:1. Article 311 of the Indian Constit...
Explanation:
Statement 1: Article 311 of the Indian Constitution provides protection to Civil servants of Union and State along with defence personnel.
Article 311 of the Indian Constitution provides certain safeguards to civil servants in order to ensure their impartiality and protect them from arbitrary actions by the government. It lays down the procedure for imposing penalties on civil servants and protects them from dismissal, removal, or reduction in rank except after an inquiry in which they have been given an opportunity to defend themselves.
However, it is important to note that Article 311 only applies to civil servants and not to defence personnel. Defence personnel, such as members of the armed forces, are governed by their respective service acts and rules. These acts and rules provide for a separate disciplinary process and do not fall under the purview of Article 311.
Therefore, statement 1 is incorrect as Article 311 provides protection to civil servants but not to defence personnel.
Statement 2: The Civil servants of the Union and State work at the pleasure of the President of India.
This statement is also incorrect. Civil servants of the Union and State do not work at the pleasure of the President of India. The President is the constitutional head of the Union and has ceremonial powers. The day-to-day functioning of the civil services is governed by the rules and regulations framed by the government.
Civil servants are appointed through a competitive examination conducted by the Union Public Service Commission (UPSC) or the respective state public service commissions. They are then allocated to various services and are governed by the rules and regulations of their respective services. The President does not have the power to hire or fire civil servants at will.
Therefore, statement 2 is incorrect as civil servants do not work at the pleasure of the President of India.
Conclusion:
Both statements 1 and 2 are incorrect. Article 311 provides protection to civil servants but not to defence personnel, and civil servants do not work at the pleasure of the President of India.
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