What is the relationship between the executive and legislative?
Do the relations of a country’s governing institutions differ depending on whether it has a presidential, parliamentary or hybrid political system? Is it possible to draw general conclusions? This study from United Nations Development Program (UNDP) suggests that generalisations are useful for helping to determine characteristics of political systems of other nations, although actual practice varies between nations within each type. The report seeks to highlight these characteristics. Show
Although each country has its own variance on presidential, parliamentary or hybrid political systems, some conclusions can be drawn about the characteristics of each of these systems and their relationship to political conflict and executive and legislative power. With the exception of the United States of America (US), presidential systems in the past have often been associated with politically unstable and authoritarian regimes. Many countries that the US has influenced regionally, culturally or militarily have a presidential system. Countries that have adopted a form of the parliamentarianism include the United Kingdom (UK), much of continental Europe, Israel, Japan and many of the former British colonies. The French hybrid system has provided a model for a number of countries including former French colonies. The Portuguese hybrid system has influenced former colonies like Mozambique and Angola. The research highlights the following the key aspects of executive-legislative relations:
Key differences between presidential, parliamentary and hybrid systems include the following:
The three branches of the government are the executive, the legislature and the judiciary. Although the three have distinct functions to perform, their scope sometimes meet. In this article, you can read all about the relationship between the three arms of the government for the UPSC exam polity section. In India, a separation of functions rather than of powers is followed. Unlike in the US, in India, the concept of separation of powers is not adhered to strictly. However, a system of checks and balances have been put in place in such a manner that the judiciary has the power to strike down any unconstitutional laws passed by the legislature. Today, most of the constitutional systems do not have a strict separation of powers between the various organs in the classical sense because it is impractical. In the following sections, we will see the prevailing system in India, what the relationship between each organ is, and the constitutional provisions thereof. Before proceeding with the relationships, let us examine in brief what the functions of each organ of the government are. What is the Legislature?The chief function of the legislature is to enact laws.
What is the Executive?The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.
What is the Judiciary?The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens.
What is ‘Separation of Powers’?In the strictest sense, the doctrine of separation of powers is very rigid. Background of the concept
Purpose of the Separation The purpose of separation of powers is to prevent abuse of power by a single person or a group of individuals. It will guard the society against the arbitrary, irrational and tyrannical powers of the state, safeguard freedom for all and allocate each function to the suitable organs of the state for effective discharge of their respective duties. Meaning of Separation of Powers Separation of powers divides the mechanism of governance into three branches i.e. Legislature, Executive and the Judiciary. Although different authors give different definitions, in general, we can frame three features of this doctrine.
Thus, these broad spheres are determined, but in a complex country like India there often arises conflict and transgression by one branch over the other. Significance of the doctrine Why do we need a separation of powers between the various organs of the State? Whenever there is a concentration of power in one centre/authority, there is bound to be greater chances of maladministration, corruption, nepotism and abuse of power. This principle ensures that autocracy does not creep into a democratic system. It protects citizens from arbitrary rule. Hence, the importance of the Separation of Powers doctrine can be summed up as follows:
Constitutional Status of Separation of Power in IndiaThe doctrine of separation of powers is a part of the basic structure of the Constitution, although not specifically mentioned. The legislature cannot pass a law violating this principle. The functions of the three organs are specifically mentioned in the Constitution. Let us take a look at some of the articles of the Constitution which suggest separation of powers. Article 50: This article puts an obligation over the State to separate the judiciary from the executive. But, since this falls under the Directive Principles of State Policy, it is not enforceable. Article 123: The President, being the executive head of the country, is empowered to exercise legislative powers (Promulgate ordinances) in certain conditions. Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They can do so only in case of impeachment. Article 361: The President and Governors enjoy immunity from court proceedings. There is a system of checks and balances wherein the various organs impose checks on one another by certain provisions.
Checks and balances ensure that no one organ becomes all-too powerful. The Constitution guarantees that the discretionary power bestowed on any one organ is within the democratic principle. Judicial Pronouncements Upholding Separation of Powers DoctrineKesavananda Bharati Case (1973): In this case, the SC held that the amending power of the Parliament is subject to the basic features of the Constitution. So, any amendment violating the basic features will be declared unconstitutional. Swaran Singh Case (1998): In this case, the SC held the UP Governor’s pardon of a convict unconstitutional. Other SC Judgements
Constituent Assembly and Separation of PowersThere are chiefly two reasons why the Constituent Assembly did not insert the separation of powers doctrine explicitly in the Constitution.
Relationship between Legislature and JudiciaryEven though the functions of the executive and the judiciary are well-defined in the Constitution, the system of checks and balances ensures that each one can impose checks on the other.
Judicial Supremacy and Parliamentary Sovereignty To strike a balance between the judiciary and the legislature, the Indian constitution uses the following principles:
Relationship between Legislature and ExecutiveThe Constitution states that the executive branch of the State (Council of Ministers) shall be collectively responsible to the Legislature (Lok Sabha). This implies that the Parliament should supervise the work of the government and hold it accountable for its actions.
Relationship between Executive and JudiciaryThere are several provisions in the Constitution that make the judiciary independent. This is because, it is believed that for a democracy to remain efficient and effective, the judiciary must be independent. The judiciary is said to be the guardian of the constitution. If the executive also assumes judicial powers, that sort of a government tends to become oppressive. However, there are some judicial functions which are performed by the executive as well. They are:
Read more about the Supreme Court of India. The judiciary also performs some executive functions. It can review the actions of the executive and declare them void if found unconstitutional. Checks and BalancesThe strict separation of powers that was envisaged in the classical sense is not practicable anymore, but the logic behind this doctrine is still valid. The logic behind this doctrine is of polarity rather than strict classification meaning thereby that the centre of authority must be dispersed to avoid absolutism. Hence, the doctrine can be better appreciated as a doctrine of checks and balances.
Judicial Overreach The Supreme Court has been accused time and again of pronouncing judgements that are often termed as judicial legislation. This happens when in the guise of giving guidelines and creating principles, they assume the powers of the legislature, for instance, by laying down the basic structure doctrine, the Supreme Court has put limitations on the legislature’s power to make and amend laws. The judiciary through the collegiums system has also been accused of infringing on powers of other branches. The essential function of the judiciary is to interpret the law rather than to be keen in the appointment of judges. After all, ours is a parliamentary form of democracy wherein parliamentarians are elected by people and they have to face the people, they are filling the slogan of “We the People”; as compared to this, judges are enjoying fixed tenure. They are accountable to none as such and they should concentrate on justice delivery rather than the appointments. Kickstart your UPSC 2022 Preparation today! Separation of Powers in the Indian Constitution – Indian Polity:-Download PDF Here What is the relationship between Executive and legislative in India?Relationship between Legislature and Executive
The Constitution states that the executive branch of the State (Council of Ministers) shall be collectively responsible to the Legislature (Lok Sabha). This implies that the Parliament should supervise the work of the government and hold it accountable for its actions.
What is the relationship between the Executive and legislative branches in a parliamentary system?In parliamentary government the executive and legislative branches are made up of the same elected officials. Once the legislative branch is elected, the leader of whichever political party earned the majority of votes becomes the executive leader, known as the prime minister.
What is the relationship between the legislative and Executive branches in the United Kingdom?The Legislature makes laws. The Executive puts those laws into effect and plans policy. The Judiciary administers justice by interpreting the law when its meaning is in dispute, ensuring the law is upheld. Powers' House of Commons Library.
What is the similarities of Executive and legislative?The similarities for Legislative and Executive are they they both help in the process of law making and they approve/create laws. The differences for Executive are that they have the President, Vice President, and many more people.
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