Is Article 309 is mandatory for the Parliament to make laws?
309 certainly have statutory force, just in the same way as rules made in exercise of the powers conferred under any statute. But it is far from saying that sovereign powers to legislate have been conferred on the President or the Governor.
What is the Article 309?
Article 309 of the Constitution of India provides that acts of the appropriate Legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State.
Who is the doctrine of pleasure not applicable to?
This clause is, though, not applicable in the following cases: In the case of members of Defence Services. In the case of members of All India Services. In the case of members of a civil service of the Union or of a State.
What are the exceptions of doctrine of pleasure?
(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President, and every person who is a …
Who can remove the chairman of UPSC?
the President
317, the Chairman or any other member of a Public Service Commission shall only be removed from their office by order of the President on the ground of “misbehaviour” after the Supreme Court, on reference being made to it by the President, has, on inquiry reported that the Chairman or such other member ought to be …
What is the tenure of the members of Public Undertakings Committee?
Committee on Public Undertakings
| Financial Standing Committee | |
|---|---|
| Election criteria | The members are elected every year from amongst its members of respective houses according to the principle of proportional representation. |
| Tenure | 1 Year |
| Jurisdiction |
Who is India’s first attorney general?
M. C. Setalvad
The 15th and current Attorney General is K. K. Venugopal….Attorney-General for India.
| Attorney General for India | |
|---|---|
| Constituting instrument | Article 76 of the Constitution |
| Formation | 28 January 1950 |
| First holder | M. C. Setalvad |
| Deputy | Solicitor General of India Additional Solicitors General of India |
Who enjoys pleasure of president?
The Council of Ministers remains in power at the ‘pleasure’ of the president. Governors of states are also appointed by the president who shall work at the pleasure of the president. Per Article 156, the president is empowered to dismiss a governor who has violated the constitution in his acts.
Which services are excluded from the purview of Article 310?
Services excluded from the purview of Article 310
- Tenure of supreme court judges{Article124}
- Tenure of high court judges{Article148(2)}
- The chief election commissioner{Article324}
- Chairman and member of public- service commission{Article317)
What is doctrine of pleasure under Article 310?
According to Article 310, except for the provisions provided by the Constitution, a civil servant of the Union works at the pleasure of the President and a civil servant under a State works at the pleasure of the Governor of that State.
Can Article 311 be challenged court?
In observing that if there was a breach of a statutory rule made under Article 309 in relation to the conditions of service, the aggrieved Government servant could have recourse to the Court for redress, the Supreme Court was not laying down any general proposition that even in cases where Article 311 does not apply.
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