Under which one among the following Articles of the Constitution of India, a member of a Civil Service, whether of the Union or of a State, seeks protection from unlawful dismissal from service?

Correct — B, Article 311. Article 311(1) says that no member of a civil service of the Union, an all-India service or a civil service of a State may be dismissed or removed by an authority subordinate to the one that appointed him. Article 311(2) adds the bigger protection: no such person may be dismissed, removed or reduced in rank except after an inquiry in which he has been told the charges and given a reasonable opportunity of being heard on them. Three situations are carved out by the second proviso — conviction on a criminal charge, a written finding by the disciplinary authority that holding an inquiry is not reasonably practicable, and satisfaction of the President or Governor that an inquiry is not expedient in the interest of the security of the State. That inquiry requirement is the safeguard the question is describing.

• (a)Article 309 — Article 309 lets Parliament or a State legislature regulate recruitment and conditions of service, with rules made by the President or Governor until a law is passed. It is about how service rules are framed, not about protection at the point of dismissal.
• (c)Article 315 — Article 315 simply creates the Public Service Commissions — one for the Union, one for each State, with provision for joint commissions. It confers no protection on an individual officer.
• (d)Article 320 — Article 320 lists the functions of the Public Service Commissions, which include being consulted on disciplinary matters. Consultation with the Commission is advisory and is a separate step from the constitutional protection in Article 311.

Articles 308 to 323 form Part XIV of the Constitution, on services under the Union and the States. Article 310 states the doctrine of pleasure — a civil servant holds office during the pleasure of the President or the Governor — and Article 311 is the express constitutional limit on that pleasure. The two must be read together: Article 310 gives the power, Article 311 attaches the procedure without which the power cannot be exercised.

The four options are all real and all sit in the same Part, which is what makes the item work. Sorting them by what each one is for is faster than memorising numbers. Article 309 frames the rules, Article 310 states the pleasure doctrine, Article 311 restrains it, and Articles 315 to 323 set up and govern the Public Service Commissions. A useful hook is that 311 is the only one of the four that speaks about an individual officer facing an adverse order.

• Article 311(1) bars dismissal or removal by an authority subordinate to the appointing authority.
• Article 311(2) requires an inquiry with notice of charges and a reasonable opportunity to be heard.
• The second proviso to Article 311(2) excludes conviction on a criminal charge, impracticability of inquiry recorded in writing, and security of the State.
• Article 310 states the doctrine of pleasure, which Article 311 qualifies.
• The protection covers members of an all-India service, a Union civil service and a State civil service alike.

• Confusing Article 309, which frames service rules, with Article 311, which protects the officer.
• Assuming the protection is absolute; the second proviso lists three situations where no inquiry is needed.
• Reading Article 320's consultation requirement as the source of the protection.

A one-line Article-number recall, and the examiner picks the three neighbours in the same Part as distractors.

• practice — not a real PYQ

  The doctrine of pleasure, under which a civil servant holds office during the pleasure of the President, is stated in

  • (a)Article 308
  • (b)Article 309
  • (c)Article 310
  • (d)Article 312

  Answer(c) Article 310 — Article 311 then places procedural limits on that pleasure.

• practice — not a real PYQ

  Which one of the following is NOT among the situations in which the inquiry required by Article 311(2) may be dispensed with?

  • (a)The person has been convicted on a criminal charge
  • (b)The disciplinary authority records in writing that an inquiry is not reasonably practicable
  • (c)The President is satisfied that an inquiry is not expedient in the interest of the security of the State
  • (d)The Public Service Commission advises that an inquiry is unnecessary

  Answer(d) Advice of the Public Service Commission — the second proviso to Article 311(2) lists only the other three.