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Report No. 58

Principle of pleasure contained under the Constitution

8.13. The 'tenure during pleasure' principle continues under our Constitution, but with an important qualification,-to be noted presently. There are two forms of tenure, of persons holding public offices, namely, (1) tenure during pleasure, and (2) tenure during good behaviour. Tenure during good behaviour applies to persons holding high judicial offices like the Judges of the Supreme Court and the Judges of the High Courts and also to the Comptroller and Auditor General of India and the Chief Election Commissioner of India. The difference between the two forms of tenure is that a person holding tenure during good behaviour cannot be removed from office except for misconduct, and the procedure for such removal has been laid down in clauses (4) and (5) of Article 124 of the Constitution; whilst a person holding tenure during pleasure can be removed without any reason being assigned for his removal.

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