Sr Beatrice is appointed as the local superior of a five-member community. Within six months the provincial superior receives a lot of complaints about the members from the local superior. At the same time, complaints about the superior have also been pouring in. After making a visit to the community, the provincial superior transfers three sisters and appoints new members, whom she considers more suitable. But the problem does not subside; it gets worse. The provincial eventually recognizes the dominating nature of Sr Beatrice and her gross incapacity as a team leader according to the nature of their institute. The question here is: Can Sr Beatrice be removed from the office?
To answer this question, we need to consider the rights and obligations of a religious superior. The present Codes have abolished the term “dominative power” used in the old Code. It simply states (in CIC cc. 596§1; 617 and CCEO c. 441§1) that superiors have “that authority over the members” as defined in the Code of Canon Law and the Constitutions. Other canons (CIC cc. 618-619 and CCEO c. 421) deal with the office of the religious superior, the source of its authority and responsibilities and rights of superiors of religious institutes. Both Codes recognise power and authority in the light of service.
While Canon 618 affirms the authority of superiors to decide and prescribe what must be done, it states that superiors receive their authority from God. This authority is to be exercised in a spirit of service and humility. They are to be docile to the will of God, consider their members as children of God, promote voluntary obedience by their reverence for the human person, listen willingly to the members, be open to their insights and opinions and foster their cooperation and collaboration for the good of the institute and of the Church. Superiors have personal responsibility towards each member. They need not fulfil this obligation personally all the time. They can delegate and work cooperatively with others.
Canon 619 describes superiors’ primary obligation to build fraternal communities in Christ through their three‑fold functions of teaching, sanctifying and governing. They exercise these three functions by breaking the Word of God and by sound spiritual and religious life, by centring the life of the community in God and drawing it to prayer, by personal example of virtue and religious discipline, by animating the community and by providing proper leadership, showing care and concern to the members by correcting, consoling, comforting and encouraging them as required.
In the Oriental Code, Canon 421 articulates the grave obligation of superiors to take care of the members and to oversee their discipline according to their statutes. This is to be done through their example, exhortations and encouragement in attaining the goal of their religious state. They are to meet the personal needs of the members appropriately, care for and visit the sick, correct the unruly, console the faint-hearted and be patient with all.
Superiors, as representative of God, should constantly seek God’s will through prayer. With firm determination and sweetness of heart, they should endeavour to maintain an atmosphere of love of God and love of neighbour in the community and offer example and leadership. In instances where the superiors are unable to fulfil their God-given function, Canon Law (CIC c. 624§3 and CCEO c. 514§2) clearly establish and affirm the possibility of removal or transfer of superiors during their tenure in office. Removal from office may be necessitated on account of illness, incapacity, incompetence, malpractice, or other serious reasons. Transfer may occur, when there is a serious and unforeseen need elsewhere in the institute or if their services are required at a different level of government. In both cases, the Constitutions must provide the specific guidelines regarding removal.
Sr.Licia SMI
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