Functions And Powers Of Executive

The broad and restricted definitions of the term “executive” have been provided. It means all officials, political authority holders (Political Executive), and permanent civil servants who carry out laws and policies and manage the state administration in its broadest sense. Only the executive heads (ministers, i.e., the political Executive) who head government ministries, establish policies, and monitor the implementation of the Government’s laws and policies are referred to as “executive heads.”. However, in current times, the Functions of the executive, encompass both the political and civil services. We will further discuss the Types of executives.

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Types of Executive 

1. Nominal/Titular and Actual Executives

In a parliamentary system of government, the distinction between nominal/titular and real executives is only made. The nominal executive is the President or Monarch, while the real executive is the Council of Ministers, which is led by the Prime Minister. All of the powers belong to the nominal executive, but they are exercised by the real executive, in fact. Because its actions are carried out in its name, the nominal executive is not responsible for them by the true executive’s name. The functions of the executive are accountable for all of the organization’s actions.

2. Single and Plural Executives

A single executive has all of the executive authorities in the hands of a single functionary/leader. India, the United Kingdom, the United States, Australia, France, and several other countries. There are single executives in some states. All executive powers in India are held by the Prime Minister, India’s President. Similarly, the executive powers in the US Constitution are limited by the United States of America’s President.

3. Parliamentary and Presidential Executives

The parliamentary and presidential executives are distinguished by the relationship between the legislative powers of parliament and the executive. 

The Parliamentary Executive consists of the following

A close working relationship between the legislature and the executive, as well as members of the public. Members of the executive are also legislators.

Individually and collectively, the members of the political executive are accountable in front of the legislature. 

The Functions of Executive

• Enforcement of Laws

The executive’s principal responsibility is to enforce laws and maintain peace and order in the state. When a law is broken, the executive must close the loophole and prosecute the perpetrators. 

Each Parliament passed the 24th Amendment in 1971 to abrogate the Supreme Court judgment. It amended the Constitution to provide expressly that Parliament has the power to amend any part of the Constitution including the provisions relating to Fundamental Rights. The government department is in charge of enforcing the laws and policies that apply to its activity. The executive organizes and maintains the police force to maintain law and order in the state.

• Appointment-making Functions

The chief executive makes all significant appointments. The President of India, for example, appoints the Chief Justice and other Supreme Court and High Court judges. Ambassadors, India’s Advocate General, members of the Union Public Service Commission, state governors, etc.

• Treaty Making Functions

The executive should decide which treaties should be struck with which other countries. The executive negotiates treaties in conformity with international law and the provisions of the state constitution.

• Defence, War And Peace Functions 

One of the most important functions of the state is to maintain and preserve the country’s unity and integrity, as well as to safeguard it against external attack or war. It is the executive’s job to carry out this task. The executive’s functions include organizing the military for the state’s defence, preparing for and fighting a war if it becomes necessary, and negotiating and signing peace treaties after each battle.

• Foreign Policy Making and The Conduct Of Foreign Relations 

In this age of ever-increasing global interdependence, formulating the state’s foreign policy and managing foreign relations has become one of the most crucial duties of a government. The executive also performs this duty.

• Policy-Making 

The modern welfare state must perform a wide range of responsibilities to ensure the socio-economic and cultural growth of its citizens. It must develop policies, devise short- and long-term plans, and implement them. All of the state’s actions are directed by specific policies and programs.

Conclusion

The main function of the executive is the branch of Government responsible for the implementation of laws and policies adopted by the legislature, involved in the framing of policy. In this article, we discussed what is an executive? Powers and functions of the executive, main function, and types of the executive. As Garner said, “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 have been formulated and expressed in terms of the law.” Although all three forms of Government enjoy their functions and power, there is a check and balance system.