Executive Organ of the Government

Meaning:
The second important organ of the government is executive. The legislature
enacts the laws and the executive implements them. In ancient times the
executive (Monarch and Council of Ministers) used to make and implement
laws and it also awarded punishment to the law-breakers.
But today the monarchy has been abolished to a great extent and democracy has
taken its place. Thus, the executive has no power to make laws and to punish
those who violate the laws. The laws are now made by the legislature; the
executive implements them and the judiciary awards punishments for the
violation of the laws.
Definition of the Executive:
The term “executive” means that branch of the government which executes or
implements the will of the state. In a democratic government, the laws represent
the will of the people and there the executive department must exist to give
them effect according to the judgment of the judiciary.
In its wide amplitude, the executive includes all those agencies and officials
who are directly concerned with the implementation of the day-to-day
administration of the country. Put in the narrow sense, the executive includes
the principal functionaries of the state except those who are included in the
legislature and the judiciary.
Dr. Garner while explaining the meaning of the executive said, “In a broad
and collective sense, the executive organ embraces the aggregate or totality
of all the functionaries which are concerned with the execution of the will
of the State as that will has been formulated and expressed in terms of
law”.
The definition of Dr. Gamer is very comprehensive. According to it, the Head
of the State, Council of Ministers and all other officials who implement the laws
are included in the executive. If the word executive is used in a narrow sense, it
will include only the President and the Council of Ministers, and the officials
are not included in it.
Generally, the term executive is used in a narrow senses and it includes the head
of the State and his Council of Ministers, who are required to implement the
laws and make policies for running the administration of the State.

Forms of Executive
(1) Nominal and Real Executive:
In many countries the Head of the State has nominal powers, as in Great Britain,
Japan, Denmark, Sweden, Norway, Belgium and Holland. In these countries,
the powers of the Monarch are exercised by his ministers. Thus there is nominal
executive in these countries. Contrary to this, under the Constitution of the
U.S.A., the President has been given many powers and he himself exercises
these powers. Therefore, there is real executive in America. Though the
President of India has been given many powers in the Constitution, yet in actual
practice these powers are exercised by his ministers. Thus there is nominal
executive in India.
(2) Single and Plural types of Executives:
Single executive means that all executive powers are vested in one Head of the
State, e.g., the President of America exercises all executive powers. In
Switzerland, the executive power is not in the hands of only one individual, but
in the hands of a Council of seven members. The Chairman of this Council has
no additional powers. Thus all the seven members are equally responsible for
the administration in that country. This type of Swiss executive is called Plural
Executive.
(3) Parliamentary and Presidential Types of Executive:
In Parliamentary executive, the Cabinet is responsible to the legislature. This
system is functioning in England, France, Japan, Sri Lanka, India, West
Germany, Italy, Sweden, Denmark, Norway, Belgium and Holland. But, where
the President is the Head of the State and he has real executive powers and is
not responsible to the Parliament, the system will be known as the Presidential
type of executive. This system is functioning in the United States of America,
Brazil and some countries of South America, etc. The President is elected for a
fixed term in these countries and he can be removed only through an
impeachment.
(4) Hereditary and Elective Executive:
When a king is the Head of the State and when after his death, his son or, in
case of his being issueless, some of his near relative occupies the throne, the
system is called hereditary executive. This type of executive is functioning in
England, Norway, Sweden, Denmark, Belgium, Holland, Japan .
In countries where the Head of State is elected either by the people or by their
representatives, the system is called Elective Executive. We find this system in
India, France, West Germany, Italy, the United States of America, Austria,
Pakistan, Egypt, etc.
(5) Democratic and Authoritarian (Dictatorship) Executive:

Functions of the Executive: The functions of the executive are not the
same everywhere. The functions of the executive depend on the form of the
government. In dictatorship, the functions of the executive are different from
those in democracy. The dominant function of the executive is to execute or
enforce the laws of the state. In a modern state, the functions of the executive
are enormous. Since a modern state is a positive state, it is imperative that all
the needs of the people and their aspirations are to be met by the executive. The
result is that the functions of the executive are ever-increasing. We may now go
to discuss the various functions of the executive.
1. Maintenance of Law and Order and Administrative Functions:
The primary job of the executive is to maintain law and order. For that purpose
the executive is to rely on an administrative staff to control, direct and
superintendent the public administration. It is the executive that determines the
organisation, recruitment and training of the administrative staff. It explains to
them the policy of the government and provides them with powers and
responsibilities. It is apparent that the executive is to detail a police force under
the command of the administrative wing.
2. Military Functions:
In almost all the countries, constitutionally, the President or the Head of the
State has many military powers. He is the Supreme Commander of the Armed
Forces and has the power to promote, demote and dismiss high military officers.
He himself, or with the consent of the Parliament, can declare war or peace.
In the U.S.A., the President can declare war or peace with the consent of the
Congress. In Britain and India, this right is exercised generally by the Prime
Minister. The Head of the State can declare emergency for the defence of the
country. In India, though this right has been given to the President under the
constitution, yet it is used by him on the recommendations of the Prime
Minister. For instance, when at the time of the Chinese aggression on October
26, 1962, President Radhakrishnan declared the emergency, he did so on the
advice of the late Prime Minister, Jawaharlal Nehru. That emergency continued
till January, 1968, so no emergency was declared in India during Indo-Pak war
of 1965. On 3rd December, 1971 Pakistan attacked India and the President Shri
V.V. Giri declared emergency which continued till March 24, 1977.
It is of common knowledge that the defence of the country against foreign
aggression is a basic function of the executive. The executive appoints the top
army, air and naval staff and allocates funds and purchase defence equipment
from friendly countries. The executive is to build-up arms in the frontier and
keep a vigil over the border.
3. Diplomatic Functions:
A modern state cannot be an island to live a hermit’s life. A world-wide
function is a necessity for any modern state. So the executive of a modern state
must have diplomatic relations with each other. So foreign policy is an
important function of the executive. Thus every executive is endowed with
treaty-making powers. His routine includes visiting the foreign countries on a
goodwill mission and also to receive the dignitaries of the foreign countries as
visitors in his own country.
4. Public Utility and Social Services:
The executive is not only to maintain public utility services but some public
welfare works also. Thus, railways, posts and telephones, irrigations, etc. are
some of the important public utility services of the executive. In the list of the
social services will come education, public health and labour welfare measures.
5. Financial Administration and Planned Economy:
Though, the legislature controls the national finance, yet the executive prepares
the budget and tries to get it passed by the legislature. Thus, the executive
regulates the financial business of this country in the form of what is called the
budget. It is on this chessboard that income and expenditure of the country is
regulated. But a present government is to think of long-term measures like the
Five-Year-Plan for boosting the national economy. So planning the economy is
another function of the executive of a modern state.
6. Emergency Functions:
When an extraordinary situation arises, the executive can switch on the red light
and declare national, constitutional and financial emergency and thereby
suspend some of the provisions of the constitution and curtail the fundamental
rights. The national emergency may be necessary to meet a situation that may
take the form of an armed rebellion or foreign aggression. The constitutional
emergency may be necessary for a situation when the administration cannot be
carried on in accordance with the provisions of the constitution. In the first case,
the fundamental rights can be suspended. In the second case, the President will
take over the administration of the province. There is a third type of emergency
called the financial emergency. It is a financial crisis, to meet which the
executive may make a cut in the salary of the public servants.
7. Legislative and Judicial Functions of the Executive:
Whatever functions we have so long narrated above, are the executive functions
of the executive. But the executive may overstep its executive field and travel
into other’s sphere of action like legislative and judicial.
(a) Legislative functions of the executive:
The following are some of the legislative functions done by the executive:
(i) In the parliamentary form of government, all bills are introduced by the
executive, usually by a minister. This is a major legislative function of the
executive.
(ii) When the legislature is not in session, the chief of the executive can
promulgate ordinances which are also the laws of the land.
(iii) The chief executive head summons and prorogues the legislature. He can
and does dissolve the lower house before the expiry of its turn.
(iv) When a bill is passed by the legislature, it must go to the chief executive
who may accept it or reject it. It will not become law until it is assented by the
chief executive.
(b) Judicial functions of the executive:
The following are some of the judicial functions performed by the
executive:
(i) The chief executive can play the role of a judge by granting pardon to the
criminals and amnesty to political offenders. In case of death sentence, appeal
lies to the head of the executive.
(ii) The executive appoints the judges and the judicial commissions.
8. Foreign Relations:
The executive establishes political relations with foreign countries. Our
government has established political or commercial relations with almost all big
countries. The President appoints diplomatic representatives in other countries
and receives those of foreign countries.