Article 311

Current Context : Recently, J&K Lt Governor dismissed three employees under Article 311(2)(c) for alleged terror links.

ABOUT  Article 311

Constitutional Position:

• Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
  • Falls under Part X – Services Under the Union and the States, Chapter I.
  • Applies to:
    • All India Services (e.g., IAS, IPS, IFS)
    • Civil services of the Union/State (Group A, B, C, D posts).
  • Key Provisions:
    • Clause (1): No member of a civil service can be dismissed or removed by a subordinate authority; must be by the appointing authority.
    • Clause (2): “Right to an informed inquiry”:
      • Service member must receive written charges and a reasonable opportunity to be heard before dismissal, removal, or reduction in rank.
      • Applies to both Union and State civil servants.
    • Exceptions (Clause 2(a)–(c)):
      • (a) No inquiry if convicted of a criminal offence.
      • (b) No inquiry if authority certifies that holding an inquiry is not reasonably practicable (must record reasons in writing).
      • (c) No inquiry if President/Governor is satisfied that, in the interest of state security, it is not expedient to hold one.
    • Value Addition
      • Remember Article 311 relates to safeguarding civil services.
      • Clause 2(c) is used when state security is at stake (no inquiry).
      • Distinguish between appointment authority (Clause 1) and inquiry provisions (Clause 2).