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Article 311: Dismissal Without Inquiry – Understanding the Constitutional Exception

Recently, the Jammu & Kashmir Lieutenant Governor invoked Article 311(2)(c) to dismiss three government employees over alleged terror links—without a formal inquiry. This controversial yet constitutionally permitted provision is intended to safeguard national security while maintaining a balance with civil service protections.


What is Article 311?

  • Part of the Constitution safeguarding civil servants against arbitrary dismissal.

  • Applicable to:

    • All India Services (e.g., IAS, IPS)

    • Civil services under the Union or States


Article 311(2): Right to Inquiry — With Exceptions

Normally, an inquiry must precede any dismissal, removal, or demotion.However, no inquiry is needed in these exceptional cases:

(a) Conviction on a criminal charge(b) Inquiry deemed not practicable by the authority (with reasons in writing)(c) President or Governor satisfied that inquiry is against the interest of state security

In the J&K case, Clause (c) was invoked, bypassing inquiry for national security concerns.

Judicial Oversight

  • Article 311 is justiciable – actions under it can be challenged in court.

  • The Supreme Court has upheld the use of 311(2)(c) only under exceptional, well-recorded circumstances.


UPSC Relevance

  • GS Paper 2: Indian Constitution – Safeguards to Civil Servants, Principles of Natural Justice

  • GS Paper 3: Internal Security – Terrorism, State Response

  • Essay/Ethics: Balancing security with individual rights


📘 Prelims Practice Question:

Q. With reference to Article 311 of the Indian Constitution, consider the following statements:

  1. It provides safeguards to civil servants against arbitrary dismissal.

  2. It applies to both government and private employees.

  3. Dismissal without inquiry is allowed in matters of national security.

Which of the statements given above is/are correct?

A. 1 and 2 only

B. 2 and 3 only

C. 1 and 3 only

D. 1, 2 and 3


✅ Answer: C. 1 and 3 only

Explanation:

  • Statement 1 is correct: Article 311 provides safeguards to civil servants.

  • Statement 2 is incorrect: It does not apply to private employees.

  • Statement 3 is correct: Clause 2(c) allows dismissal without inquiry in security-related matters.


✍️ Mains Practice Question (GS Paper 2):

Discuss the constitutional safeguards provided to civil servants under Article 311. Should the state be allowed to bypass inquiry in the interest of national security? Critically examine.

 
 
 

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