Organs of Government: Relationship Between the Executive

 

AUTHOR: SHIVANSHU KATARE

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Introduction to the Organs of Government

In a modern democratic state, the government is typically divided into three branches or organs:

1. The Legislature: Responsible for making laws.
2. The Executive: Responsible for implementing laws and managing day-to-day administration.
3. The Judiciary: Interprets laws and ensures justice.

Each organ has distinct powers, but they function interdependently. The relationship between the executive and the other organs is crucial for maintaining the proper functioning of the government. Here, the focus is on the relationship between the executive and the legislature, which is often complex and varies across different political systems.

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1. The Role and Structure of the Executive

The Executive is primarily responsible for the implementation of laws and administration of government policies. It can be divided into two categories:

1. Political Executive: Comprising the Head of State (e.g., the President in India) and the Head of Government (e.g., the Prime Minister, Cabinet Ministers).
2. Permanent Executive: The civil servants, bureaucrats, and other non-political officials who carry out administrative functions.

In India, the executive is headed by the President (the ceremonial Head of State), while the Prime Minister and the Council of Ministers form the real executive. The executive is responsible for enforcing laws, formulating policies, managing national security, and conducting diplomacy.

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2. Relationship Between the Executive and the Legislature

The relationship between the executive and the legislature in India is defined by the parliamentary system of government, which is based on the Westminster model. This system creates a symbiotic relationship between the two organs, and their functioning is often interlinked.

A. The Role of the Executive in the Legislature

1. Cabinet and Parliament:
   • The Prime Minister and the Council of Ministers (the Cabinet) are members of the Legislature (Parliament) and are collectively responsible to it.
   • The executive, as a part of the legislature, is accountable to the Parliament, particularly through the Lok Sabha (Lower House).
2. Legislative Agenda:
   • The executive plays a key role in introducing bills, policies, and budgets in Parliament.
   • The President of India, on the advice of the Prime Minister, introduces a Money Bill (Budget), which is debated and passed by the legislature.
3. Answerability to Parliament:
   • The executive is answerable to the legislature, primarily through the Question Hour and Debates.
   • The Prime Minister and other ministers are required to respond to questions raised by MPs (Members of Parliament) concerning government policies and actions.
4. Ordinance Power:
   • The executive has the power to issue ordinances under Article 123 of the Indian Constitution when Parliament is not in session. However, ordinances must be ratified by Parliament within six weeks of reassembling to become law.

B. The Role of the Legislature in the Executive

1. Legislative Oversight:
   • The legislature plays a crucial role in controlling and overseeing the functioning of the executive.
   • Committees of Parliament, such as the Public Accounts Committee (PAC), scrutinize the policies, budget, and expenditures of the executive.
2. Approval of Appointments:
   • Certain appointments made by the executive, such as Judges of the Supreme Court and High Courts, require approval by the legislature.
   • The President appoints the Prime Minister, and the Council of Ministers is appointed by the President on the advice of the Prime Minister.
3. Impeachment and Accountability:
   • The legislature can remove a President or Vice-President from office through impeachment proceedings under Article 61 of the Indian Constitution.
   • While ministers are not subject to direct removal by Parliament, the no-confidence motion can be used to remove a government by showing that it no longer has the confidence of the majority in the legislature.

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3. The Doctrine of Separation of Powers and the Executive

The separation of powers principle, derived from Montesquieu's theory, asserts that the three organs of government (executive, legislature, and judiciary) should be separate and distinct. However, in a parliamentary system like India’s, this separation is not absolute:

• Overlap between Executive and Legislature:
  The executive derives its authority from the legislature (as the executive is composed of elected representatives from the legislature), and it must maintain the confidence of the legislature to remain in power.
• Collective Responsibility:
  The Cabinet (executive) is collectively responsible to the Lok Sabha (legislature), as per Article 75(3) of the Indian Constitution. This ensures that the executive cannot function independently of the legislature.

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4. Checks and Balances

The executive-legislature relationship is balanced by mutual checks that prevent one from becoming too powerful:

1. Legislature’s Oversight of Executive:
   • The legislature holds the executive accountable through mechanisms like debates, questions, motions, and scrutiny of the government’s actions.
   • The executive cannot pass laws or implement policies unilaterally without the legislature’s approval.
2. Executive’s Control over the Legislature:
   • The executive controls the legislative agenda, as it proposes bills and sets the policy direction of the government.
   • The executive can issue ordinances in case of urgent needs when the legislature is not in session.

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5. Challenges in the Executive-Legislature Relationship

1. Conflict of Interest:
   • The dual role of the executive members (as both legislators and administrators) can lead to conflicts, especially in terms of accountability and transparency.
2. Coalition Governments:
   • In a coalition government, the executive may not always have a stable majority in the legislature, leading to frequent instability and policy paralysis.
3. Legislative Gridlock:
   • If the legislature is dominated by opposition parties, the executive may face difficulty in getting bills passed, especially when dealing with contentious issues like national security or economic reforms.

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6. Conclusion

The relationship between the executive and the legislature in a parliamentary system like India’s is characterized by interdependence and mutual checks and balances. While the executive plays a pivotal role in the functioning of the legislature through the introduction of bills, policies, and budgets, the legislature ensures that the executive remains accountable. This relationship is fundamental to the effective functioning of a democracy, maintaining a balance of power, and ensuring governance that is transparent, responsible, and responsive to the needs of the people.