Doctrine of Pleasure
The Doctrine of Pleasure says that certain authorities hold office till he or she enjoys the confidence of the President or the Governor is not absolute and unrestricted and cannot be at the authority's sweet will, whim and fancy.
This Doctrine has its origin in the Common Law of England. The Latin maxim durante bene pacito which means 'during pleasure' lead to the formation of this doctrine.
Exceptions to the Doctrine
Position in England
Position in India
- Doctrine of Pleasure in India is controlled by the President and Governor according to the provisions of Article 310 of Constitution of India that deals with the Tenure of office of persons serving the Union or a State.
- Certain tenures such as Judges of Supreme Court of India, Judges of High Court, Auditor-General of India, Chief Election Commissioner, Chairman and Member of Public Service Commission are expressly excluded from this Doctrine.
- The Doctrine is subject to Fundamental Rights
Related Cases / Recent Cases / Case Law
- Kameshwar Prasad v State of Bihar, AIR 1962 SC 116: Certain provisions are struck down so that demonstrations are allowed as per Article 19(a) and (b) of the Constitution.