Total Count

Subscribe Us

What is Article 310 of Indian constitution

 

What is Article 310 of Indian constitution 

Article 310 of the Indian Constitution

Title: Tenure of office of persons serving the Union or a State


📘 Explanation:

Article 310 establishes the doctrine of “pleasure” in the Indian Constitution.

It states that:

All members of the civil services of the Union or a State hold office during the pleasure of the President or the Governor respectively.


🔍 Key Meaning:

  • Civil servants do not have a guaranteed tenure.

  • They serve at the will (pleasure) of the authority that appointed them:

    • For Union services → at the pleasure of the President

    • For State services → at the pleasure of the Governor


⚖️ Exceptions to the Doctrine of Pleasure:

Article 311 protects civil servants against arbitrary dismissal.
That means:
Even though Article 310 gives “pleasure-based service,” procedural safeguards under Article 311 must still be followed.


📊 Summary Table: Article 310

Feature Details
Article 310
Doctrine "Tenure at the pleasure of the President/Governor"
Applies To Civil services of the Union and States
Union Employees Hold office at the pleasure of the President
State Employees Hold office at the pleasure of the Governor
Protection Clause? Yes, under Article 311 (mandatory procedure before dismissal/removal)

🧠 Examples:

Scenario Outcome
An IAS officer is removed without any reason or inquiry ❌ Violates Article 311 – rules must be followed
A temporary appointment terminated as per rules ✅ Allowed under Article 310 (no fixed tenure)
Army officer’s service ended during war due to military necessity ✅ Article 310 applies fully to Armed Forces

🚫 Special Cases Where Article 310 Fully Applies (No Article 311 Protection):

Service Type Remarks
Armed Forces Full application of “pleasure doctrine”
Intelligence/Bureaucracy services Like RAW, IB – exempt from Article 311
All India Services (e.g. IAS) Partially protected – Article 311 applies

Conclusion:

  • Article 310 gives flexibility to the government to manage its employees.

  • However, this power is not absolute due to safeguards under Article 311.


Here is a clear and exam-focused 📊 Comparison Chart of Articles 308 to 310 of the Indian Constitution — covering services under the Union and States:


🧾 Chart: Articles 308 to 310 – Government Services Framework

Article Title Main Focus Who It Applies To Key Provisions
308 Interpretation Defines the scope of Part XIV of the Constitution All States (originally excluded J&K) Sets the context for Articles 309 to 323
309 Recruitment and conditions of service Empowers Parliament/State Legislature to make laws for public servants Central & State Government employees Until law is made, President/Governor can frame rules
310 Tenure of office ("Pleasure Doctrine") Civil servants hold office at the pleasure of President/Governor Central & State civil servants Subject to Article 311 protections (except Armed Forces, Intelligence Services, etc.)

🔍 Quick Snapshot

Feature Article 308 Article 309 Article 310
Part of Constitution XIV – Services XIV – Services XIV – Services
Purpose Defines applicability Rule-making for recruitment & service Doctrine of Pleasure for job tenure
Authority Involved Parliament, State Legislature, Exec. President, Governor
Scope Applies to Part XIV All govt. service matters All civil service tenures
Limitation None Subject to legislation/rules Subject to Article 311 (procedural safeguards)

🧠 Example Flow:

  1. Article 308 → Explains who the provisions apply to

  2. Article 309 → Creates rules/laws for hiring & service conditions

  3. Article 310 → States that employees serve "at the pleasure" of govt., but

  4. Article 311 (next) → Adds protection against arbitrary dismissal