When a judge in India says we are a ‘constitutional authority’ and therefore should be above the laws, what philosophy did he really says about?
As a Roman and with highest regard to noble Rakchhas (the protector, Socratese, Plato), this statement is 100% correct. Constitution of a nation state is a true description of national character, character of organization or rashtra dharma. This (constitution or construction) should in all times correctly and accurately state the sum total of human character in that environment and is a picture of self-governed state of human nature in the organization of state, wihout need of external controls and agreement.
A judge calling him as constitutional authority means, a demonstration of national character which is self-governed and because it being self governed, not bound by laws or any other weaponery. When constitution or character of organization is defined, any one with those quality is naturally exempt from obligation of laws and state control.
Correct knowledge of national character is important. It may not be what is described in obscure document, but what is well known and is source of inspiration. India is an organization or state, and it has a certain constitution. Let us know how constitution is implemented and role model or constitutional authority of that organization. For example, police is an organization in India. It is customary dishonest and corrupt. So the true consitution of police is dishonesty, giving protection to criminals and illegal works; and therefore, awareness of these desirable characters in individuals is constitutional duty or committment in police force that makes this organization. In Delhi, one person kidnapped a school boy from Gurgaon for ransom and later killed; because kidnapper wanted to be hired by Delhi Police and readying him to pay bribes from earnings of ransom. This example shows true and correct understanding by public about the constitution or organizational character of Police. The police manual would not have the same real, inspirational (above said) characters described in it, and none knows what it is. Gill, Rathore and so many other top cops in almost every state of India are constitutional authority or model of organizational character or constitution of state of Indian policing.
Constitution of India is something like the actual constitution of police organization and described in book. The real constitution of India is not a statement to be interpreted by a constitutional bench or some unknown, non descript faceless authority but it is a matter of self awareness in public as to why they are called Indian and what Indian Constitution or national character is inside all of us, its men, women, children and elderly.
I believe while the judge is right in saying that consitutional authority is above all the laws; and laws and authority are cruel means of controlling those who got deviated or alien to natinal character or constition of Indian State or RashtraDharma. But the defect lies in correctness and accuracy of the constitution of India. Is a typical Indian inpired by values of the Indian constitution? Do we really find environment suitable for a self governed human nature or called character? If and when the national character or constitution of nation state is not what truely it should be, how do we find a constitutional authority?
….. in the next when I get time, and find comments from readers.. I will give my view of Political authority. And similarly, legal and so on.