unit 4 (sovereignty. rights and duties)

unit 3 (parliamentary and presidential)

unit 2 ( unitary, federal, confederal, quasi )

separation of powers

Judiciary - functions, juducial review and independence of judiciary

Executive - Concept, types

Concept:

Among the three organs of the government. the executive is regarded as the most important one. The executive is the part of government that has sole authority and responsibility for the daily administration of the state. The executive branch executes the law. The division of power into separate branches of government is central to the idea of the separation of powers

In some countries, the term "government" connotes only the executive branch. However, this usage fails to differentiate between despotic and democratic forms of government. In authoritarian systems, such as a dictatorship or absolute monarchy, where the different powers of government are assumed by one person or small oligarchy, the executive branch ceases to exist since there is no other branch with which to share separate but equal governmental powers.The role of the executive is to enforce law as written by the legislature and interpreted by the judicial system.

Types:

Political and Permanent Executive : The emergence of welfare state has made the administrative functions of the State highly complex. The democratic set up has bestowed on the representatives of the people, the power to manage their affairs. Since the representatives without any administrative experience, spring to action from social life, know at best what people expect from them. When they come to power they take the help of the civil service, a body of professionals, trained, experienced and paid. This body of civil servants serve the political masters to formulate their policies and implement them. They have no party affiliations. They assist the political masters irrespective of their party ideology and do not hesitate to point out lapses in administration as and when they occur. These elected representatives who form the Government are known as political executive and the body of civil servants are known as permanent executive.

Nominal and Real Executive : It is needless to say that the Real Executive exercises the powers that belong to him. He is responsible for the exercise of these powers. May be he takes the assistance of subordinates but the decision is his. For example the President of U.S. A is an example of Real Executive who takes decisions for himself and exercises his own powers.The Nominal Executive is just the opposite. It is clearly discernible in a constitutional monarchy as prevalent in U.K. or Parliamentary Democracy as prevalent in India.In case of England the king is theoretically the master of all executive authority. But in practice his executive powers are exercise by the Council of Ministers. Similar is the position in India where the President enjoys the entire executive authority as per the constitution. But the Council of Minister exercises them and remains responsible for the exercise of powers.
The king in England or the President in India are the examples of Nominal Executive and the Prime Ministers under the British and Indian system of administration offer the example of Real Executives.

Singular and Plural Executive: Single Executive consists of a person who does not share power with others. The President of U.S.A is an example of a single executive. When the executive authority of the state is vested in more than one person having co-equal powers is known as plural executive. Switzerland provides the best example of such a type of executive. Here the executive powers of the state are vested in a collegiate body of seven persons at par in authority. This body takes all decisions jointly.

Parliamentary and Non-Parliamentary Executive: The Parliamentary executive is basically a responsible and a removable executive. The Parliamentary executive is responsible and answerable to the legislature for all its activities. The striking feature of this type of executive is close relationship between the executive and the legislature. The members of the political executive are the members of the legislature. U.K., India, Australia provide examples of this type. The executive in a non-parliamentary system is independent of the legislature and is not responsible to it. Such type of executive is found in U.S.A., France, and Sri Lanka etc.

Legislature - Concept, functions and types

Concept:

The state is a politically organised society and government is its machinery. A modern government has three branches - legislature, executive and judiciary. Among the three, according to Gilchrist "the legislative authority forms the major premises, the judiciary, the minor and the executive the conclusion". The legislature in every modern democratic state is elected by and is responsible to the people. It is an indispensable part of the democratic machinery.

The legislature is law-making branch. It expresses the will of the State and the laws that it makes serve as a vehicle to the sovereignty of the state. It provides a basis for the working of the executive and the judiciary. Unless laws are made the question of enforcing them or interpreting them does not arise. Hence, the legislature occupied the first place among the three organs of government.

Functions:

1. Legislative functions - Law making is the foremost function of a legislature as it is the direct source of legislation. Law is regarded as the expression or the will of the people. The laws reflect the changing conditions of society and the new social environment. The laws have to adjust themselves to the ever changing requirements of the society.The law making powers of the legislatures are absolute. They are limited by the provisions of the constitution.

2. Regulatory Functions - The executive is under responsible and answerable to the legislature for all its actions. The legislature exercises its control by a) asking questions to the ministers ; b) it, can move adjournment motions or raise debates; c) it can move no confidence motion. Though such a motion it can express its lack of confidence in the government, which if passed by the legislature forces the party in power to resign. These powers of the legislature regulate the working of the government to a large extent.

3. Financial Powers - The legislature has very important powers is the field of finance. It acts as the guardian of national purse. It regulates the income and expenditure of the government in respect of its various projects, administrative and welfare. People's money must be controlled and spent under the supervision and control of their representatives to prevent its misuse and wasteful expenditure. The theory no taxation without representation recognizes the supremacy of the legislature, which is the fund raising and fund granting authority. All proposals for financial legislation are routed through the popular chamber.

4. Deliberative Functions - This is a body which facilitates determination of policies and legislation through a process of debate and discussion. This discussion provides with opportunities to each member not only to present the view and perception of his party but also permits to mould his own views in light of the discussion. Through this power the legislative acts as a link between the public and the government.

5. Judicial Function - The legislature also exercises some judicial function. Certain countries have entrusted to their legislatures the function of trying high constitutional authorities. In India the President, the judges of Supreme Court, the members of U.P.S.C, the Comptroller and Auditor General can be impeached by the Parliament after fulfilling certain constitutional formalities. Very often the legislatures appoint commissions of inquiry relating to trade, commerce, agriculture, industry etc.

6. Constitutional Functions - The legislatures also have constitutional functions to perform. Most of the legislatures have been entrusted with the powers to amend the constitution. In India all amendment proposals can be initiated only in the legislature. So is the case with Britain and U.S.A. In all such cases the legislature exercises its constituent powers under a number of procedural restrictions.

7. Electoral Functions - Many of the legislatures participate in electoral functions. The Indian Parliament takes part in the election of the President and Vice-President of India. It also elects some its members to various committees of the House. It elects its presiding and deputy presiding officers.

Types :

A common controversy about the structure of legislature is whether it should be unicameral or bicameral. A bicameral system is one in which the legislature consists of two chambers or houses.

In a unicameral system, the legislature consists of a single chamber. In India, England, the U.S.A. and in most of the countries of the world, bicameralism has been adopted.

It was generally held that single chambers “were charcterised by instability, violence and passion and that their actions were unbalanced and impulsive.” It is consequently thought necessary to have bicameral system.

For Unicameralism:

A Single House:

1. Permits quick action.

2. Avoids obstruction of the will of the people.

3. Permits clear responsibility of the cabinet in a parlia­mentary system of government.

4. Reduces duplication and confusion of responsibility relating to law-making

5. Avoids dead-lock or conflict in legislation.

6. is less expensive.

For Bicameralism:

Two Houses:

1. Provide a check on hasty and ill-considered legislation.

2. Avoid dictatorial functions of a single chamber.

3. Help public opinion form by interposing delay

4. Reflect the popular will at all times and also allows representation to different classes.

5. Make useful revision of legislation.

6. Help to divide the work- load.