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Doctrine of Pleasure

Raj Kumar Makkad ,
  28 May 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Doctrine of Pleasure - What is the scope of "doctrine of pleasure"?
Citation :
B.P Singhal v. Union of India (Decided on 07.05.2010) MANU/SC/0350/2010

Held, Doctrine of Pleasure means that the holder of an office under pleasure can be removed at any time, without notice, without assigning cause, and without there being a need for any cause. But where rule of law prevails, there is nothing like unfettered discretion or unaccountable action. Constitution of India provides that some offices will be held during the pleasure of the President, without any express limitations or restrictions, it should however necessarily be read as being subject to the "fundamentals of constitutionalism". Doctrine of pleasure, however, is not a licence to act with unfettered discretion to act arbitrarily, whimsically, or capriciously. The withdrawal of pleasure cannot be at the sweet will, whim and fancy of the Authority, but can only be for valid reasons.

 

 
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Published in Constitutional Law
Views : 6963




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