Doctrine Of Pleasure: Origin And Development

Sapna Rajmani, LL.M., Chankya National Law University, Patna

ABSTRACT

The doctrine of pleasure provide power in the hands of crown to terminate the offices of civil servants at any time even without assigning any reason for doing the same. This doctrine originated in England and has its significance in India but with certain limitations. Earlier, the crown enjoyed absolute power over the termination of offices of civil servants but with the passage of time the rule has evolved even in the England. Now, the Crown does not enjoy absolute power over the removal of civil servants and their powers have been limited by the Constitutional mandates. There is requirement of check and balance over the power of President for the removal of civil servants in such a manner that it facilitates natural justice. In similar manner, there should be scrutiny over the work of civil servants to avoid the commission of white-collar crimes like corruption etc. Thus, doctrine of pleasure is based on public policy. This article provides an elaborative discussion over the concept of doctrine of pleasure. Further, there is discussion over the origin of the doctrine and how does it got included under the constitution of India. The article presents the significance of doctrine of pleasure in present’s civil services by doing a comparative analysis of doctrine between England and India.

Keywords: Doctrine of pleasure, Origin, Limitation, Crown, Removal, Civil servants, Constitution.