Theos-Talk Archives (July 2009 Message tt00067)

In TS, General Council is supposed to be the most powerful decision making body, just as Congress is in the US government. But as most General Council members are also members of ES, whose head is TS President, and as these General Council members perhaps think that it is their duty to obey "without cavil and delay" orders of the Outer Head, they don't challenge President's decisions. This is the impression members are getting. 
So, when you have an ES, you make constitution of TS ineffective because there remain no checks and balances in TS.
If a General Council member, who is pledged member of ES, challenges the President, he breaks the convention of obeying commands of the Outer Head. And if he does not question decisions of the President, he is doing injustice to his post as elected representative of TS members. 
That is why ES and TS constitutions are not compatible with each other, unless heads of two are different. Even when heads are different, there should not form a lobby, if the spirit of constitution is to be protected. 
When there is no ES, TS constitution has highest checks and balances.
Best
Anand Gholap