Doctrine of Pleasure
Context:
- Arif Mohammed Khan, the governor of Kerala, and the state government disagree strongly on a number of subjects.
- The most recent scandal started when he asked numerous vice chancellors to quit after the Supreme Court invalidated the nomination of the vice chancellor of a technical institution.
- The Governor has also asked K. N. Balagopal to be removed from his Cabinet as a result of the State’s Finance Minister’s remarks, claiming that it is no longer a joy to have him on the Council of Ministers.
What is the issue?
- The Supreme Court ruled that Dr. M.S. Rajasree’s nomination as vice chancellor of the APJ Abdul Kalam Technological University in Thiruvananthapuram violated the rules set forth by the University Grants Commission (UGC).
- The specific flaw was that only one applicant was chosen by the search committee, and the Chancellor was advised to appoint that person.
- In accordance with UGC guidelines, a panel of three to five names should be suggested so that the Chancellor has a variety of possibilities.
About the Doctrine:
- Under the English common law’s “pleasure doctrine,” the monarch has the right to terminate any employee’s employment at any moment.
- According to Article 310 of the Indian Constitution, each member of the Union’s defence or civil service serves at the pleasure of the President, and each employee of a state’s civil service serves at the discretion of the Governor.
- However, removal of a civil servant is subject to limitations set forth in Article 311. It stipulates that government employees should have a fair chance to have their charges against them heard.
- According to Article 164, the Governor appoints the Chief Minister, and the Governor consults the CM before appointing the other Ministers.
- It also states that Ministers serve at the Governor’s pleasure.
- The term “pleasure” is also understood to refer to the Chief Minister’s authority to choose the Minister, not the Governor.
Source The Hindu
