INDORE INSTITUTE

OF LAW
(Affiliated to D.A.V.V and BCI , New Delhi)
SUBJECT – POLITICAL SCIENCE
WWW.INDOREINSTITUTEOFLAW.ORG
PRESENTED BY DR. SHEFALI VERMA
 B.A.L.L.B
SEMESTER – I
UNIT - IV
 EXECUTIVE

 The second but most powerful organ of the

government is the Executive. It is that organ which
implements the laws passed by the legislature and the
policies of the government. The rise of welfare state
has tremendously increased the functions of the state,
and in reality of the executive.
 In common usage people tend to identify the
executive with the government. In contemporary
times, there has taken place a big increase in the
power and role of the executive in every state.
MEANING OF EXECUTIVE

 The term ‘Executive’ has been defined both in its

broad and narrow forms.
 In its broad form, it is taken to mean all the
functionaries, political power-holders (Political
Executive) and permanent civil servants who
undertake the execution of laws and policies and run
the administration of state.
 MEANING OF EXECUTIVE

 In its narrow form, it is taken to mean only the

executive heads (ministers i.e. the political Executive),
who head the government departments, formulate the
policies and supervise the implementation of the laws
and policies of the government.
 In the narrow form, the civil service and its
administrative functions are not included
 However, in modern times, the executive is defined in
its broader form and it covers both the Political
Executive as well as the Civil Service.
DEFINITIONS

 “In a broad and collective sense, the executive organ

embraces the aggregate or totality of all the
functionaries and agencies which are concerned with
the execution of the will of the state as that will has
been formulated and expressed in terms of law.”
Garner
 In its broadest sense, the executive department
consists of all government officials except those acting
in legislative or judicial capacity. It includes all the
agencies of government that are concerned with the
execution of states will as expressed in terms of law.”
Gettell
DEFINITIONS

 These two definitions make it clear that executive

includes the political executive (Ministers and Head of
State) and the non-political permanent executive (Civil
Service or Bureaucracy). The political executive
performs the function of making policies and ensuring
that all the laws are properly enforced by all the
departments of the government.
 The permanent executive i.e. bureaucracy/civil service
runs the day-to- day administration and works in
government departments. It works under the
supervision and control of the political executive.
 POLITICAL AND PERMANENT
EXECUTIVE
 The Political Executive (Ministers)
 It consists of the executive head of the state and other
heads of the executive departments is ministers.
Ministers are political leaders. They are mostly elected
representative of the people Political Executive work
for a fixed tenure of about 5 years.
 It acts as a temporary executive in the sense that it
changes after every election. After completing one
tenure, ministers have to again contest elections.
 PERMANENT EXECUTIVE

 It consists of the civil servants (Bureaucracy) from the

lowest to the highest levels. It carries out the day to
day administration by working in the government
departments. The civil servants are politically neutral.
They do not owe allegiance to any political party.
 They carry out the laws and policies of the
government without any political consideration. They
are specially educated and trained persons experts
and professionals.
 Once appointed, they remain in office till the the
retirement age, usually up to the age of 55 or 60
years.
 FUNCTIONS OF EXECUTIVE

 Enforcement of Laws:
 The primary function of executive is to enforce laws
and to maintain law and order in the state. Whenever
a breach of law takes place, it is the responsibility of
the executive to plug the breach and bring the
offenders to book. Each government department is
responsible for the implementation of the laws and
policies concerning its work. For maintaining law and
order in the state, the executive organises and
maintains the police force.
 APPOINTMENTS

 All major appointments are made by the chief

executive. As for example, the President of India
appoints the Chief Justice and other Judges of the
Supreme Court and High Courts. Ambassadors,
Advocate General of India, Members of Union Public
Service Commission, Governors of States etc.
 The President of the United States makes a large
number of appointments. All the secretaries who
head various departments Judges of the Supreme
Court and other Federal Courts, the Federal officials in
the States etc., appointed by the US President.
 APPOINTMENTS

 The members of the civil service are also appointed by

the Chief executive. This is, usually, done on the
recommendation of a service recruitment commission.
In India, the Union Public Service Commission annually
holds competitive examinations for All India Services,
Central Services and Allied Services.
 It recruits on merit, candidates for appointment to
these cadres. The appointments are done by the Chief
executive in accordance with the recommendations of
the UPSC. Similar practice prevails in almost all the
states.
 TREATY MAKING FUNCTION

 It is the responsibility of the executive to decide as to

which treaties are to be signed with which other
countries. The executive negotiates the treaties in
accordance with the procedure defined by
international law and also in accordance with the
provisions the constitution of the state.
 Each treaty is signed by a member of the executive.
Most of the treaties also require ratification by the
legislature of the State. It is again the responsibility of
the executive to secure legislative approval for the
treaties signed by it.
DEFENCE WAR AND PEACE

 One of the key functions of the state is to defend and

preserve the unity and integrity of the country and
protect it in the event of an external aggression or
war. To organise military for the defence of the state,
to prepare for and fight the war, and to negotiate and
sign peace settlement after every war, are the
functions performed by the executive.
 It has the prime responsibility to take all such steps as
are needed in the interest of the security and integrity
of the state. The chief executive of the state is also
the supreme commander of the armed forces of the
state.
 FOREIGN POLICY AND
RELATIONS
 In this age of ever-increasing global interdependence, it
has become one of the most important functions of a
government to formulate the foreign policy of the state
and to conduct foreign relations. This function is also
performed by the executive.
 The executive formulates the goals of national interest
and fixes the priorities. It first formulates the foreign
policy of the nation and then implements it for securing
the defined goals of national interest. The executive
appoints the ambassadors of the state to other states.
 POLICY MAKING

 Modern welfare state has to carry out a large number

of functions for securing the socio-economic-cultural
development of its people. It has to formulate policies,
prepare short-term and long-term plans and
implement these. All actions of the state are guided
by definite policies and plans.
 It is the executive which undertakes the task of policy-
making and developmental planning. These are the
two most important functions of the executive,
because by these the state carries out its objective of
promoting the welfare of its people.
 FUNCTIONS RELATED TO LAW
MAKING
 Law-making is primarily the function of the legislature.
However, the executive also plays a role in law-
making. In this sphere too the role of the executive
has been increasing by leaps and bounds. In a
parliamentary system, the ministers are also members
of the legislature and they play a leading role in law-
making.
 Most of the bills for legislation are introduced and
piloted by them in the legislature. Most of the time of
the legislature is spent in passing the governmental
bills. The bills passed by the legislature become laws
only after these are signed by the Head of the State.
 DELEGATED LEGISLATION

 The system of delegated legislation has considerably

increased the law-making role of the executive.
 Under this system, the legislature delegates some of
its law-making powers to the executive. The executive
then makes rules on the basis of these powers. The
amount of delegated legislation made by the
executive far out-weighs the laws passed by the
legislature.
 FINANCIAL FUNCTIONS

 It is the legislature which is the custodian of all

finances. It has the power to impose, or reduce or
eliminate a tax. However, in actual practice, the
executive exercises a number of financial functions. It
has the responsibility to prepare the budget. It
proposes the levy of new taxes or changes in tax
structure and administration. It collects and spends
the money as sanctioned by the legislature.
 The executive formulates all economic policies and
plans. It contracts foreign loans, negotiates foreign
aid and maintains the financial credibility of the state.
 JUDICIAL FUNCTIONS

 The appointment of judges by the executive is

regarded as the best method for ensuring the
independence of judiciary. In almost all democratic
systems, the chief executive has the power to appoint
judges. Further, he has the right to grant pardon,
reprieve and amnesty to criminals.
 Under the system of administrative adjudication, the
executive agencies have the power to hear and decide
cases involving particular fields of administrative
activity.
 GRANT TITLES AND HONOURS

 Another important function of the executive is to grant

titles and honours to the people in recognition of their
meritorious services to the nation. Such persons who do
commendable work in their respective spheres of
activity—Art, Science, Literature etc. are granted titles
by the executive.
 It also grants titles to such defence personnel who show
exemplary courage and devotion to duty during war or
peace. Even ordinary citizens are granted honours in
recognition of their meritorious work for the society.
 TYPES OF EXECUTIVE

 Nominal/Titular and Real Executives:

 The difference between the nominal/titular and real
executives is made only in a parliamentary system of
government. In it, the head of state, the President or
the Monarch, is the nominal executive and the Council
of Ministers headed by the Prime Minister is the real
executive.
 All the powers are legally the powers of the nominal
executive but in practice these are exercised by the
real executive.
 NOMINAL AND REAL
EXECUTIVE
 The nominal executive is not responsible for its actions
as these are performed in its name by the real
executive. The real executive is responsible for all the
actions of the nominal executive.
 The nominal executive is the ceremonial and dignified
part of the executive, whereas the real executive is its
powerful part.
 HEREDITARY AND ELECTED
EXECUTIVE
 When the executive assumes office by the law of
hereditary succession, it is called the hereditary
executive. When the executive is directly or indirectly
elected by the people for a fixed period or even for
life, it is called the elected executive.
 In Britain, Japan and Malaysia there are hereditary
chief executives. In India, USA, Germany and many
other states there are elected chief executives.
 SINGLE AND PLUAL
EXECUTIVES
 When all the executive powers are in the hands of a
single functionary/leader, it is called a single
executive.
 In India, Britain, USA, Australia, France and many
other states there are single executives. In India, all
the executive powers are with the President of India.
Likewise under the US Constitution, the executive
powers are with the President of the United States of
America.
 SINGLE AND PLURAL
EXECUTIVES
 When the executive powers are vested with a group of
persons or in a committee/council/commission and
these are collectively exercised by all the members of
this commission/council, the executive is called the
Plural Executive.
 As for example, in Switzerland all the executive
powers have been given to the Federal Council which
consists of seven members. All the members
collectively exercise all the executive powers.
 PARLIAMENTARY AND
PRESIDENTIAL EXECUTIVES
 The distinction between Two executives is made on
the basis of relationship between the legislature and
executive.
 In Parliamentary Executive there is:
 (i) A close relationship between legislature and
executive and members of the executive are also
members of the legislature,
 (ii) The members of political executive is individually
and collectively responsible before the legislature
 PARLIAMENTARY AND
PRESIDENTIAL EXECUTIVE
 In Parliamentary Executive there is
 The tenure of the political executive is not fixed as it
can be at any time removed by the legislature, and
 The legislative can be dissolved by the executive.
 In a Presidential Executive, there is:
 Separation of powers between the executive and the
legislature;
 The membership of the two organs is incompatible
i.e. member of one cannot be a member of the other
 PRESEDENTIAL EXECUTIVE

 The executive is not responsible to the legislature;

and
 Neither can dissolve nor remove the other.
 The parliamentary executives are functioning in India,
U.K., Canada, New Zealand, Australia and several
other states. In the United States of America, the
executive is presidential. In France there is a mixture
of these two forms of Executive.