Examveda

The operative part of Article 310(1) of the Constitution is:

A. Subject to the provisions of this Constitution

B. Except as expressly provided by this Constitution

C. Notwithstanding anything provided by this Constitution

D. Subject to the provision of Article 311

Answer: Option B


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  1. Spandan Choudhary
    Spandan Choudhary:
    9 months ago

    The operative part of Article 310(1) of the Constitution is B. Except as expressly provided by this Constitution.
    Explanation: Article 310(1) essentially states that every person holding a civil service position under the Union or a State holds office "during the pleasure of the President", except where explicitly stated otherwise in the Constitution. The phrase "except as expressly provided by this Constitution" is the key part of the clause, as it defines the limitations to the "pleasure" principle.




    Why other options are incorrect:

    • A. Subject to the provisions of this Constitution: While technically correct, this option is not as precise as "except as expressly provided." "Subject to the provisions" is a broader statement that could encompass various aspects of the Constitution. The operative part of Article 310(1) specifically highlights the exceptions explicitly mentioned elsewhere in the Constitution. [1]
    • C. Notwithstanding anything provided by this Constitution: This phrase implies that the following clause would take precedence over any other constitutional provisions. However, Article 310(1) is clearly designed to be read in conjunction with other constitutional provisions, particularly those regarding the removal or dismissal of civil servants, which are laid out in Article 311. Therefore, "notwithstanding anything provided by this Constitution" would contradict the intended purpose of Article 310(1).
    • D. Subject to the provision of Article 311: Article 311 deals with the specific procedures for dismissing, removing, or reducing in rank civil servants. It acts as a safeguard for these public servants. While Article 311 is related to Article 310, it doesn't define the operative part of the latter. Article 311 clarifies the conditions under which dismissals, removals, or reductions in rank can occur, but it doesn't modify the core principle established in Article 310(1) regarding the "pleasure" doctrine.

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