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CHAPTER, , y, , The Organs of the’ ©, Government:, , ‘Rule of law’ is an important feature of a state's governance which is), provided through its constitution.) The constitution establishes the, tegulatory framework for the governance and political activity in a, , country. The constitution establishes the organs of power and, responsibility for the discharge of these functions., , UBvery modern government has three basic o;, the legislative and the Judiciary, These organs perform the most basic, and vital functions of governance namely the conduct of policy and, , administration, the making, repelling or carrying out amendments in, the existing laws and adjudicating the conflicts that arise in the course, of enforcing and implementing these laws through executive., Although all constitutions provide for the three, functions and powers may differ in cer, of different countries therefore may, may even go further and provide, , tgans—the executive,, , organs, their, tain respects| The constitution, take different approaches, A few, for additional governance related, , chapter 5 The Organs of the overnment + 55, , organs. For example, the government of Uganda and Tanzania provide, , for a further’ constitutional organ known as the Inspector General of, Government. Likewise, the former USSR had the ‘presidium’., , The legislature, , [he legislature is a law making body in a democratic country, In, parliamentary systems of government, the legislature is supreme that, ippoints the executive.) However, in Presidential systems of government, the legislature is considered a power branch which is equal to and, independent of the executivel In a democratic state, the legislature, apart, from making law, does a host of other vical duties. ), , Function of legislature, , The role and function of the legislature differs from one country to, another depending upon the form of the government. In a parli, , democracy the legislature is all in all in matters of legislation, whereas, in dictatorship it plays a subordinate role and in absolute monarchy it, , plays not role altogether. Still there are certain functions that each, legislature performs. These are as follows:, , |. Legislative function: law making is the most important function, , of a legislature. It makes law in accordance with the prescribed, norm while taking into consideration the will of the people. After, its successful passage — the legislature, the bill is presented, before the head of the state for his assent. On receiving the nod of, the head, the bill becomes a law and finds its place in the statute, book. ma : ai, , 2. Administrative Functions: In matters of administration, the, legislatures in parliamentary government can appoint ani, governments and a few officials. In presidentia, governments it can also ol the president. It cand, and conclude treaties wit foreign countries., , 3. Financial function;, national purse., 4, a

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58> Political Science, , the government ¢ sed after discussing the various, heads of income and expenditure in the legislature. The, government cannot spend money, impose new taxes for raising, loans without the approval of the legislature, 4. Constituent function: The law governing specific issue lose its, relevance over a period of time, hence requires the incorporation, of suitable changes. Therefore, the legislature has been given the, power to amend any existing law, fully or partially, in accordance, with the changing needs of the time and geographical oddities of, the place, , 5. Electoral function: The legislatures also elects and appoint among,, themselves (generally) the head of state. e.g., the vice-president of, India is elected by the legislame., , 6. Delegated functions: The legislature also acts as medium of, expressing public opinion and getting resolution to its grievances, through legislation if need so arises, , 7. Deliberative function: As a deliberative body, the legislature, discusses various matters of public importance. It may criticize, the functioning of the government or suggest measures for its, improvement., , . _Lnvestigative function: The legislature may also appoint committees, and commissions of inquiry to look into the details., , Types of legislature, , Broadly legislatures are of two kinds"—unicameral and be cameral, While, the former consists of only one chamber e.g. Chinese fe sate the, , latter consists of two houses e.g. Indian parliament. Nj, , inicameral legislature, legislacure that consists of only one chamber is called unicameral., y chambes, , ‘It is the ae duct of the concept of demand of popular sovereignty that, saw the establishment of unicameral legislature in countries like Greece,, , Portugal, Yugoslavia etc., , ‘Executive *, paptor 5 The Organs of the overnment _ ahs + 57, , Many noted scholars such as Laski and Abbesicyes have shown their, yeterence for a unicameral legislature. Bentham considers the second, ‘amber “needless, worse than useless”. Benjamin opined that “A, , jacive body divided into two branches is like a carriage drawn by, ~ horse in front and one behind, pulling in opposite directions”., , still, however bi-cameral legislature is gaining popularity and is, adually finding fayours from most of the countries., , Bi-cameral legislature, , he legislature that consists of two chambers is called bi-cameral. For, instance, the Indian parliament is bi-cameral hence consists of two, houses. The popular house is called lower house or first chamber which, is a body politic consisting of directly elected members of parliament., The other house is called upper house or the second chamber that houses, indirectly elected and a few nominated members of parliament., , Many noted political thinkers have lent support to the bi-cameral, legislaure, James Bryce opines “The necessity of two chamber is based, on the belief that the innate tendency of an assembly to become, tyrannical and corrupt needs to be checked by the co-existence of another, house of equal authority”. Sir Henry Maine, Madison, Marriott etc., have all spoken in favour of second chamber and have desired it towork as a fence against the arbitrariness of the lower house., , he same sentiment is also reflected in the actual practice, where a, number of legislatures is bi-cameral than unicameral., , 5, , The term ‘executive’ us used to refer to the gove rment its itself”, However, this term has both its broad and narrow conno, , broader sense, it includes the whole group of people engaged in executing, , the ‘will of the state’ expressed through law. In narrow sense, it includes, , the ‘chief executive onlyjIn a presidential system, this person (President), , may also be the Head of State, whereas in a i, systems, he, , or she is usually the leader of the largest party in the legislature and is, ‘most commonly termed as the Prime Minister. The | ive consists, , ,, é ?

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Political Science, , d their f ministers, , incipal colleagues., s. In other words, it is the organ of the, of the national policy makers and its, , executss., , \Kinds of Executive, , Differe ound in different countries of the world,, , A, s: The executive which holds and, , ¢ real executive, whereas the executive, , s nomial power is the nomial executiveg., , ere figurehead. The British cabinet ig, , ¢ while Queen is an example of nomial, , the council of ministers headed by the Prime, ample of real executive, while the president, , ominal executive., , 7 lural: When executive powers are vested invan, adividual, itis called single executive whereas in plural executives,, powers arc vested among several head. India is an example of, single ¢, while Russia and Switzerland have plural, , execu, , 3. Hereditary, ¢ lor Noi, , from or, , nated: When the executive power passes, neration to another in accordance with the hereditary, principles, it is called the hereditary executive e.g. the queen of, England. However, when the executive is directly or indirectly, elected by the people, it is termed as elected executive The, president of USA is an example of elected executive. Still, in certain, cases, the executives are nominated e.g, the Governor general and, Viceroy in British India, , 4, Plliitical and Permanent: Political executive is temporary as it is, elected by the people for a fixed term, At the expiry of the term,, they again have to seck the mandate of the people, which they, might of might not receive. The Indian cabinet is a good example, , of political executive. However, the permanent executive consists, , , , papter 5. The Organs of the overnment, , + 59, , of the whole body of bureancrats including civil servants and other, officials, whose tenure and term of office is permanent in nature, The officials constitute the permanent executive, , Parliamentary and Non-Parliamentary: The parliamentary executive, is chosen from the legislature, hence is accountable to it. On the, other hand, the non-parliamentary or presidential executive, functions independently of the legislature. The Indian executive, is parliamentary executive and the American executive in NonParliamentary executive,, , Functions of executive, , Following are the functions of executive:, , Enforcement of laws: The most important function of the executive, is to execute and enforce the law made by the legislature and, judiciary. In this context Garner aptly remarks thar,” The function, of the executive however is not primarily to deliberate, but to, execute, enforce and carryout the state will as expressed by the, , Icgislature and the constituent assembly and as interpreted by the, courts.”, , Representing the government: The next important function of the, , executive is to tepresent the government as a whole. It is also to, , ensure thatall its laws comply with, by its several parts. Willoughly, says that “the executive power or rather the function is that of, representing the government as a whole and of seeing that all of, its laws are property complied with by its several parts”, , Running administration: The day to day administrative needs of, the state are taken after by the executive. The executive is, tesponsible to run the government, and to maintain peace and, security by enforcing the prescribed norms, sf.), , Makes appointment: The executive is also empowered to make, , appointments to certain posts of office, in its pursuit of smoothly, , Tunning the government, in accordance to the provisions of law,, i j

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Jicies: Iv is the responsibility of the executive to keep, Toes a t|and external happenings and to formulate:, har severes the interest of the nation:, times, keeping aw atchful eye over the external, ably modifying one’s policies to garner the, , issue is acquiring more importance,, , a track over the inter, policies in its accordance t, the best. In modern, happenings and su, world support on a given, , Importance of executive, , The executive is the most important organ of the government, The, existence of a state without the executive is not possible. This organ of, the government carries out the most demanding work of implement, , s got level. This is therefore also treated as the, , the state will at the grass r, “A general trend throughout th, , whole government. Schulz observes., , world at all levels of government is the growing importance of theyyy, , executive.”, , V The Judiciary, Judiciary is the third important organ of the government that interpret, law, settles disputes sateguards the right and liberties of the people, dispenses justice. In federal countries, the judiciary acts as custodian, the constitution. However, in dispensing justice the Judicary is expect, to follow laid down procedures., , Pc nctions:, , 1. Administration of justice: The judiciary, in its capacity as ‘defend r, of rights’ protects the rights of the aggrieved party. The Judici, adjudicates, hear cases, give judgements and thus settle dispute:, , 2. Advisory Function: Certain matters can be referred by the, government to court for its opinion or advice. However, it is, binding upon the government to act in accordance with, advice., , 3. Complimentary function: In many a cases it is noticed that on, particular issues a law is vague or non-existing, In such cases, t@, remove opaqueness and confusion, courts make laws whilt, , nap, , ter 5. The Organs of the overnment_ + 61, deciding the case, which becomes a law into itself to guide all, fucure adjudications, unless provided otherwise. This kind of law, , :« called judge-made law or case law., , Constitution interpreter: The Judiciary is also empowered to, interpret the laws and the constitution. In federal countries, it is, the final interpreter of the constitution., , Judicial review: In many countries, including India, the Judiciary, has the power of judicial review. Through this, it judges the, constitutional validity of law passed by the legislature or the, conduce gt abe team a, Custodian of rights of the people: In democracies, the Judiciary, protects individual rights and civil liberties from legislative and, executive encroachments, It also helps in the restoration of their, rights., , Other functions: The judiciary also performs a number of other, functions such as exercising control over its staff, issuing writs to, protect the fundamental rights, ordering the conduct of enquiries, and investigations in scams and scandals referred to it by the, , government etc., f, , Conditions for the independence of judiciary, , In order to ensure the effective and efficient functioning of the judiciary,, , nece:, , ssary conditions must be created. This is secured in the following, , ways:, , t, , Appointment of judges: Independence and impartiality of Judges, , are pre-requisites of any efficient judicary. This largely depends:, , upon the manner in which they are appointed. Appointment of, , judges by the executive heads (except in communist countries,, , where they are elected) is regarded as the best method. —, , n matters relating, s of proved, , Security of tenure: Assuring the security of tenure, to the discharge of duties, (except on gr, misbehaviour or incapacity) would make a j, honestly without any fear or favour. The

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62°, , , , , , , , , , , , , , , , , , , , be made, a bit tougher. Moreover after retirement, the jy, . ee . J, should be barred from practicing in any court of thes, service conditions: In order to attract, , ve salary and, 3, Attractive salary ould be paid handsomely. This is n, , talent, the judge sh, important to ensure that through this they could be insul:, from any temptation. Besides, the service conditions of the j, , should not be increased or decreased to his disadvantage, he executive. This is so required beca, , his term of office by t :, the executive possesses such powers, this would influence, , in adjudicating against them., , 4/ ‘Qualification: The criteria for appoin, % formed that only a highly qualified an, of law gets the chance to selection., , 5,/ Separation from executive: The Judiciary and executive mus, kept separated from each other. It must be ensured that judicia, +s not under the control of executive., , 6. Provision for appeal: Vhere should always have a system of appea, from the lower to the higher court. It is must for i, administration of justice., , ting judges should xe, d experienced in the fi, , 7. Freedom from criticism: The conduct of the judges in, discharging duties should be kept above criticism., , EXERCISE, , 1. What do you understand by the term ‘organs of the governme, 2. Discuss briefly the meaning and functions of legislature., 3, Differentiate between bi-cameralism and unicameralism, 4. Define the term executive., 5. Discuss briefly the different kinds of executive., 6. List the functions and importance of executive., 7. List the important functions of the judiciary., , _ 8. What conditions ate necess;, : ee ary to be created 3, independent working of judicial carve fos the, , ae |