Supremacy of Organ in a Body: A Constitutional Myth in a Democratic Republic

  • Aringada Chacko Philip
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  • Aringada Chacko Philip

    Faculty at Dr. Ambedkar Law University and Advocate at Supreme Court of India, India.

Abstract

The concept of independence of the judiciary has baffled many. The present research paper is a genuine effort to simplify the philosophy of organic independence in a meaningful manner. To make it more palpable, an analogous explanation has been resorted to. It travels through the analogy to enter into the complex analysis of the constitutional philosophy, so that the concepts are made more clear and vivid. The instant research paper further explains in details, the difference between the conceptual understanding of the independence of organ and the separation of powers. In the backdrop of the sovereign functions and the delegated powers, the separation of powers is explained to meet the constitutional mandate. Many confusing questions which baffled the minds of the legal fraternity has been answered in the simplest manner through the above research paper. It is an established truth that, in a constitutional democracy, not only the judiciary, but every functionary is independent and autonomous in its own sphere of authority. But every such exercise of powers shall be accountable to the people through a proper constitutional mechanism. In case that accountability is lost and the organic independence becomes absolute, there is always a threat of tyranny and that could jeopardise the rule of law in a constitutional democracy. As the people of the nation is the sovereign, they have the very absolute right to determine, what are the depth, extent and ambit of such powers and independence an organ of the nation shall exercise. Hence, though the functional independence is not watertight compartments, they are neither absolute nor unaccountable. Every organ is subject to democratic controls and without which there is a strong possibility of injustice perpetuating.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 1478 - 1485

DOI: https://doij.org/10.10000/IJLMH.11620

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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