Correct option is C
The correct answer is (c) Article 311 of the Constitution of India. The statutory powers of the Inspector General of Police under Section 7 of the Police Act, 1861 are subject to Article 311, which provides protection to civil servants, including police officers, against arbitrary dismissal, removal, or reduction in rank.
Explanation:
1. Article 311 of the Constitution of India: This Article provides safeguards to civil servants, including police officers, ensuring that they cannot be dismissed, removed, or reduced in rank without a proper inquiry and the opportunity to defend themselves.
2. Section 7, Police Act, 1861: This Section empowers the Inspector General of Police and other superior officers to exercise disciplinary control over the police force. However, these powers are subject to the provisions of Article 311.
3. Statutory and Constitutional Relationship: The statutory powers must align with the Constitutional protections provided under Article 311, ensuring fairness and due process in disciplinary actions.
4. Protection Against Arbitrary Actions: Article 311 is designed to prevent arbitrary actions and to uphold the principles of natural justice within the administrative framework.
Information Booster:
1. Article 311(1): States that no person who is a member of a civil service or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
2. Article 311(2): Provides that no such person shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
3. Disciplinary Proceedings: Any disciplinary actions taken by the Inspector General of Police must adhere to the procedures laid out in Article 311.
4. Judicial Review: Actions taken under Section 7 of the Police Act, 1861 can be subject to judicial review to ensure compliance with Article 311.
Additional Information:
· Article 309: Provides for the recruitment and conditions of service of persons serving the Union or a State, but it does not specifically address the protections provided under Article 311.
· Article 226: Grants the power to High Courts to issue certain writs for the enforcement of fundamental rights and for any other purpose, including judicial review of administrative actions.
· Article 311: As explained, it provides specific protections to civil servants against arbitrary dismissal, removal, or reduction in rank.
· Article 390: Does not exist in the Indian Constitution and is therefore not relevant to the statutory powers of the Inspector General of Police.
