Doctrine of Pleasure

From LawNotes.in
Jump to: navigation, search
HomeBrud.gifConstitutional LawBrud.gifDoctrine 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.

Contents

Exceptions to the Doctrine

One exception to this Doctrine is that it could be excluded by a Statute of the Parliament.

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.


Views
Personal tools