Who among the following holds office during the pleasure of the President of…

2011

Who among the following holds office during the pleasure of the President of India ?

Answer: D. Governor of a StateConcept — The phrase "holds office during the pleasure of the President" states the doctrine of pleasure: the office carries no security of tenure, so the…

  1. A.

    Chief Election Commissioner

  2. B.

    Comptroller and Auditor General of India

  3. C.

    Chairman of the Union Public Service Commission

  4. D.

    Governor of a State

Attempted by 4 students.

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Correct answer: D

Concept — The phrase "holds office during the pleasure of the President" states the doctrine of pleasure: the office carries no security of tenure, so the appointing authority may bring the tenure to an end at will, without assigning a reason and without any prescribed ground. The Constitution deliberately withholds that pleasure from the offices it wants insulated from the executive; for those it fixes the grounds of removal, and often the procedure as well, in the text itself, so that the will of the executive by itself cannot end the tenure.

Application — Read each office against its own tenure provision in the Constitution:

Office

Constitutional provision on tenure and removal

Governor of a State

Appointed by the President by warrant under his hand and seal (Article 155); Article 156(1) says in terms that the Governor holds office during the pleasure of the President, and the five-year term in Article 156(3) is expressly made subject to that pleasure.

Chief Election Commissioner

Article 324(5): removable only in like manner and on the like grounds as a Judge of the Supreme Court — an order of the President after an address by both Houses of Parliament supported by the prescribed majority, on the ground of proved misbehaviour or incapacity.

Comptroller and Auditor General of India

Article 148(1): appointed by the President, but removable only in like manner and on the like grounds as a Judge of the Supreme Court.

Chairman of the Union Public Service Commission

Article 317(1): removal by the President on the ground of misbehaviour only after the Supreme Court, on a reference by the President, inquires under Article 145 and so reports; Article 317(3) adds a closed list of further grounds — insolvency, paid employment outside the duties of the office, or infirmity of mind or body.

Cross-check — Three of the four offices can be removed only on grounds the Constitution itself specifies, and in two of them only after Parliament or the Supreme Court has acted; the executive can therefore start a removal but cannot complete it on its own will. Only the Governor is left to the pleasure of the President, which is why the Supreme Court in B. P. Singhal v. Union of India (2010) held that a Governor may be removed without assigning any cause, though not arbitrarily, capriciously or for extraneous reasons.

Answer — Governor of a State.

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