Context: As a fallout of comments made by the State’s Finance Minister, the Governor of Kerala has also sought his dismissal from his Cabinet, declaring that he has withdrawn the pleasure of having him in the Council of Ministers.

The doctrine

• The pleasure doctrine is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time.

• In India, Article 310 of the Constitution says every person in the defence or civil service of the Union holds office during the pleasure of the President, and every member of the civil service in the States holds office during the pleasure of the Governor.

• However, Article 311 imposes restrictions on the removal of a civil servant.

• It provides for civil servants being given a reasonable opportunity for a hearing on the charges against them.

• Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are appointed by the Governor on the CM’s advice.

• It adds that Ministers hold office during the pleasure of the Governor.

• In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the Chief Minister to dismiss a Minister, and not that of the Governor.

Under the constitution, the following are excluded from the operation of this doctrine

• Judges of the Supreme Court;

• Judges of the High Courts;

• Chief Election Commissioner; and

• Comptroller and Auditor General of India.