Safeguards Available To Civil Servants: Analyzing Constitutional Safeguards

Safeguards Available To Civil Servants: Analyzing Constitutional Safeguards As Enshrined In Article 311 Of The Constitution Of India

Harsha Yadav, L.L.M., Amity Law School

Dr Shova Devi, Associate Professor, Amity Law School

1. Introduction

Article 311 of the Constitution of India does not alter and affect the doctrine of pleasure exercised by the President or the Governor or any person authorized on the behalf of the President or the Governor enshrined in Article 310 of the Constitution of India but only provides for limitations on it. Article 311 only subjects the exercise of that pleasure to two 1 conditions laid down in this Article. Article 311 protects the civil servant holding civil 2 post by providing safeguards and protects him from arbitrary arrest. Articles 309 to 323 of the Constitution make elaborate provisions for the Central and Sate services. The bureaucracy thus helps the political executive in the governance of the country. The Constitution gives a civil servant a sense of security and fair play so that he may work and function efficiently and give his best to the country. However, the supreme authority of the government to terminate or downgrade an employee remains undiminished, despite the incorporation of protective measures that define the conditions under which this authority can be exercised. The realm of service jurisprudence in India is intricately intricate, as it interweaves various elements such as statutes, regulations, guidelines, established norms, judicial verdicts, and fundamental principles of Administrative Law, Constitutional Law, Fundamental Rights, and principles of fairness. The judiciary has drawn balance between the twin needs of the civil service, viz., (1) The necessity to uphold order within the ranks of civil servants. (2) The requirement to guarantee that the powers of disciplinary authorities are utilized appropriately and equitably.