Analytical Study of the Doctrine of Pleasure and Constitutional Safeguards to the Civil Servants: Role of High Courts and Supreme Court

Authors

  • Dr. Umesh Shrikrishnarao Aswar Assistant Professor Law, Government Law College, 'A' Road, Churchgate, Mumbai-400020.

Abstract

The concepts of the police state and welfare state are contrary to each other. In former the role of the state is limited and has confined towards collection of taxes maintenance of law & order and protection of the country from external aggression. Under the concept of the welfare state democratic Governments are expected to take care of the welfare of individual from his birth up to the death. Naturally in order to perform the different kinds of functions vital for the growth and development of individual state carries the army of the administrators and has conferred upon them vast powers. Thus on one hand concept of the incentive form of Government through welfare state has came into existence at the same time there is need to control the Government authorities preventing them from becoming the power drunkard creatures by adopting the concept of responsible Government. Both of these concepts/ purposes have been served in Indian context with the help of doctrine of pleasure. Significance of the role of higher judiciary in maintenance of the balance among above-mentioned concepts /purposes is vital.

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Published

2020-12-15