Part XIV: Services under the Union and the States

Article 310: Tenure of Office

Original Article:

(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor, any contract under which a person is appointed under this Constitution to hold such a post may, if deemed necessary, provide for compensation if required to vacate that post.

Explanation:

Article 310 establishes the "doctrine of pleasure," where public servants hold office at the discretion of the President or Governor, as applicable. This doctrine is balanced with provisions for fairness through compensation in specific cases.

Key Provisions:

Doctrine of Pleasure

Public servants in defence and civil services hold their office at the pleasure of the President or Governor, ensuring administrative flexibility.

Compensation Clause

Contracts may include compensation provisions if an appointee is required to vacate their post prematurely for reasons unrelated to misconduct.

Historical Significance:

The doctrine of pleasure has roots in colonial administrative practices and has been adapted in the Indian context to balance authority with fairness in public service appointments.

Real-Life Example:

In cases where special advisors are appointed for government projects, their contracts often include compensation clauses, reflecting the application of Article 310.