Misc

Question 1

What is the doctrine of pleasure?

Answer 1

: Common law doctrine is based on public policy, public interest and public good. At the pleasure of the government, employment of particular persons can be terminated at its will without any reasons. Tenure is subject to the limitations or qualifications mentioned in Art 311 of the Constitution.
Restrictions: Constitutional posts, fair hearing, removal cannot be by subordinate

Question 2

Exceptions to fair hearing limitation

Answer 2

Article 311(a) + (b) + c

Conviction Criminal
Inquiry is impractical for reasons recorded in writing
Inquiry not to be held, as determined by President or Governor, in the interest of security of state.

Question 3

B.P. Singhal v. Union of India

Answer 3

Governor cannot be removed on the basis of change

Question 4

What is rule of law?

Answer 4

Supremacy of law over arbitrary decisions of the government.

Question 5

3 meanings given to rule of law by Dicey

Answer 5

1. Supremacy of the Law: Even admin is under the law. No man may be punished without due process
2. Equality before law: every citizen must be subject to one and the same body of
   law which is the ordinary law of the land administered by the ordinary courts of the land. Dicey criticised
   the principle of Droit Administratiff as in the French legal system which provided for separate tribunals
   for settlement of disputes between the government and individuals. He saw this as a negation of the
   principle of the rule of law as it took away the jurisdiction of the courts and subject government officials to a law different from that which the general public was subjected too Also, it allowed the
   administration to adjudicate upon matters which was primarily a function of the judiciary.
3. Predominance of legal spirit: Consti is not an embodiment but a result of the law. Courts are supreme in laying down the law.