Prakruti Rao, School of Law, CHRIST (Deemed to be University)
ABSTRACT
The traditional tripartite model of the State, consisting of the Executive, Legislature and the Judiciary, functions in the protection of constitutional ideals. In the twenty first century, the status of democratic integrity of nations has taken a centre stage. With the view of efficient and accountable democratic governance, focus is shifting away from the this trinitarian division of government.
The need for institutions working autonomously of the three branches has been steadily increasing with the distinctive requirements of modern democracies. The institutions catering to these needs are popularly known as ‘Fourth Branch Institutions.’ These are independent bodies which are vested with the requisite powers to discharge various functions. In keeping with constitutional ideals of Separation of Powers, Rule of Law, public accountability and fairness of governance, Fourth Branch Institutions aim to act in a manner which is insulated from political or external considerations.
The study aims to understand how Fourth Branch Institutions have developed within the constitutional framework in India. Adaptability, accountability, and efficiency in democratic governance necessitate a study into their inception and growth.
Furthermore, the paper questions whether India needs stronger Fourth Branch Institutions, and studies the possible challenges in the functioning of these institutions. In the context of the Indian Constitution, the study analyses the potential for growth of these institutions, and thereby aims to highlight the challenges that have been posed in their growth until now. These ‘tailormade’ institutions are meant to safeguard constitutional ideals and prevent executive aggrandization.
There are various modes of erosion on democracy in the twenty first century, which require independent regulatory and specialised bodies. Institutions such as the Election Commission, the Reserve Bank of India, the Central Vigilance Commission, etc work as experts in the field, and are protected from external pressures in order to ensure stability and accountability in governance. The paper analyses the structure of various types of institutions in India, and compares them with similar structures in other jurisdictions. Additionally, institutions in India are faced with unique challenges from other branches of government, and the patterns of these challenges are sought to be analysed in the paper. The foundation for the paper is laid by scholarship which argues for the adoption of these specialized institutions, while being cautious about constitutional safeguards such as Separation of Powers.
Keywords: Fourth Branch Institutions, democratic governance, independent regulatory bodies, Separation of Powers, Rule of Law
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