Autonomy and Freedom

A big din is being heard about Autonomy and freedom of Institutions. It is necessary therefore, to have an objective understanding of the concept devoid of any confusion or purposive interpretations.

Autonomy refers to independence and self-governance.

Like any living being, Human being has the ultimate autonomy and therefore has complete independence and free-will to do what one wants. However, as humans form into groups (tribes or countries) they encumber themselves in a social contract to concede individual independence and self-governance to the group; and the group then acquires Autonomy (independence and self-governance) with regard to other groups.

Groups then create systems and institutions of leading the autonomy of the group for the pursuit of common goals by establishing accepted codes (constitution) and structures (government).

Constitution therefore binds the group and glues the government to the group. Through the systems defined in the constitution, the government draws its autonomy. Government is thus given the independence to wield the capacities as a legislature to be able to implant and pursue official goals, setup execution machinery and protect the social contract between the Government and the people through judicial structures.

Government in turn creates and/or allows to be created sub-systems and structures for the delivery of the will of the people. Thus private and public institutions in various forms and structures – natural persons; juristic persons or public corporations, incorporated companies, societies (association of persons), partnerships or proprietorships come into existence. A corporation may be created in one of two ways. It may be either established by statute or incorporated under a Law such as the Companies Act, 1956 or the Societies Registration Act, 1860.

These institutions enjoy varying degrees of autonomy – as the government wishes to allow them – but all autonomy is delegation of authority by the government. Autonomy cannot exceed the levels of “Reasonable independence and self-governance” as may be necessary for the effective and efficient delivery of common goals of the nation. Such autonomy does not lead institutions to an irredentist or secessionist state. Irrespective of the extent of autonomy, no institution can be extra-constitutional and there shall always be some “Reasonable Restraints” on the unbridled freedom or independence of individuals and institutions in the larger interest of the social contract which binds the citizens together.

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