Tempering The Enforcement With Law: A Model Of Diarchic Leadership For Ensuring Legalist Superintendence In Law Enforcement Agencies
Mr. Reghu M, IRS Batch 2015, Kerala Law Academy, University of Kerala, Thiruvananthapuram
Abstract
Rule of law necessitates its due and precise enforcement without any excesses. This paper conceptually analyses the existing and prevalent system of law enforcement and the fallacies therein, including the post facto nature of remedies to violations. The structure of various law enforcement authorities is also considered including direct democratic leadership. The jurisprudence that has arisen with respect to policing reforms is specifically considered to analyse the direction in which a transformational systemic change can be envisioned. The fallacies in the post facto remedies offered through conventional fora like courts, ombudsmen, etc. are analysed to conceive an independent authority within the leadership itself for prevention of violations and excesses. It is proposed to suggest a juridical check to reduce the possibility and extent of misapplication and abuse of power by law enforcement agencies. The suggested remedy is to replace the monarchic politico-civil leadership with a diarchic leadership consisting of an executive officer and an independent judicial officer. The partial juridical superintendence of the law enforcement agency is expected to ensure the legal basis of operations as well as bettering the performance of the agency at large. Reliance is placed on the niche that the judiciary has carved up for itself in upholding the Rule of law, through a cadre of committed judicial servants. It is proposed to co-opt judicial servants into the management of law enforcement agencies. The possibility of conflicts within the diarchic executive is also considered and discussed, along with the possible limitations of the same. The Roman diarchic executive is modelled as an example for designing balanced leadership for law enforcement. The constructive friction that might arise out of diarchic executive is desirable to ensure balanced management and minimal violations of rule of law.
