Article 311 of Indian Constitution

Current Context : The Jammu and Kashmir Lieutenant-Governor recently invoked Article 311 of the Constitution and terminated the services of six government employees.

ABOUT ARTICLE 311

Article 311 of the Indian Constitution provides protections for civil servants against arbitrary dismissal. Specifically, it ensures that:

• No civil servant can be dismissed or removed by an authority subordinate to the one that appointed them.
• No civil servant can be dismissed, removed, or reduced in rank without an inquiry where they are informed of the charges against them and given a reasonable opportunity to be heard in respect of those charges.

EXCEPTIONS:

• Clause (2)(a): If a person is convicted on a criminal charge.
• Clause (2)(b): If the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such an inquiry.
• Clause (2)(c): If the President or the Governor is satisfied that in the interest of the security of the state, it is not expedient to hold such an inquiry.

The invocation of Article 311 by the Lieutenant-Governor of Jammu and Kashmir to terminate the services of six government employees highlights the use of this provision in matters concerning state security.