The Powers and Functions of the executive
The Supreme Court stayed the implementation of three controversial farm laws passed in September 2020 and ordered the constitution of a committee of experts to negotiate between the farmers’ bodies and the Government of India. It has put a stay on farm law and made a committee for mediation. But the court has not provided any legal or constitutional reasons for that.
What is an 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.
What are the roles of executive in a democratic country?
The executive is the branch of government exercising authority in and holding responsibility for the governance of a state. The executive executes and enforces law. In such a system, the executive does not pass laws (the role of the legislature) or interpret them (the role of the judiciary).
What are the Powers of the executive?
Under the Constitution of India, the head of the Executive is the President. All executive power is vested in him and all executive actions are taken in his name.
He is, however, only a Constitutional Head of State acting on the aid and advice of the Council of Ministers and as such only the formal Executive.
Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress.
Fifteen executive departments — each led by an appointed member of the President's Cabinet — carry out the day-to-day administration of the federal government.
What are the Functions of the Executive
- Enforcement of Laws: The primary function of executive is to enforce laws and to maintain law and order in the state.
- Appointment-making Functions: All major appointments are made by the chief executive.
- Treaty-making Functions: It is the responsibility of the executive to decide as to which treaties are to be signed with which other countries.
- Defence, War and Peace Functions: 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.
- Foreign Policy-making and the Conduct of Foreign 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.
- Policy-making: Modern welfare state has to carry out a large number of functions for securing the socio-economic-cultural development of its people.
- Functions relating to Law-making: Law-making is primarily the function of the legislature. However, the executive also plays a role in law-making.
- Law-making under the system of 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.
- 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.
- Some Semi-Judicial Functions: The appointment of judges by the executive is regarded as the best method for ensuring the independence of judiciary.
- Grant of 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.