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Functions of Executive
Functions of Executive
In countries
hereditary chiefs, the tenure is life long. But in case of elective executives the
tenure from state to state. The tenure of the office of the President in India is
five years and that of the U. S. A. is four years.
The Austrian President is elected for six years. In Italy, France and Ireland the
Pre is elected for seven years. The Chairman of the Swiss Federal Council is
elected for one year.
The tenure of the chief executive should neither be too long nor too short. If the
is very long, the executive may become an autocrat. In case of a short-term
executive continuity in policy can be maintained. So, it is desirable that the
tenure of the chief ex should be four or five years.
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Functions of Executive
In the modern state a variety of functions are performed by the executive, as
stated below.
1. Administrative Function:
The administration function of the executive includes the following.
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(a) Execution of Laws and Judicial Decision:
The executive is entrusted with the responsibility to execute laws made by the
legislature, and decisions of the Judiciary coming in the forms of judgements of
courts.
(b) Maintenance of Law and Order:
Another important function of the executive is to maintain law and order. The
police are mainly in change of this task.
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(c) Policy-Formation:
In respect of policy-making, the executive has a crucial role. It prepares the
blue-print of the policy which goes to the legislature in the form of bill. The
policy emerges after the bill is passed by the legislature and the head of state
gives assent to it.
(d) Appointment and Promotion:
The political executive enjoys the power of appointment, promotion, removal and
suspension of civil servants.
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2. Diplomatic function:
It means the conduct of foreign relations. The executive appoints diplomatic
representatives to foreign states and receives representatives from them. Treaties
and international conventions are negotiated and concluded by the executive, often
subject to the approval of one or both houses of the legislature.
3. Military Function:
The chief executive, in most of the states, is made the supreme commander of the
defence forces. The power of waging war and concluding peace with any foreign state
is assigned to the executive. In times of emergency and grave national crisis the
chief executive may declare martial law and suspend the rights of citizens.
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4. Financial and Economic Function
(a) Budget-preparation:
In almost all the countries, the budget or the Annual Financial Statement is
prepared by the executive and presented to the legislature for approval.
(b) Revenue-collection:
The executive prepares the sources of revenue of the government, collects taxes,
and after the approval of the budget spends money on various heads.
(c) Auditing:
The auditing and accounting of public expenditure are done under the supervision of
the executive.
(d) Economic policy:
The executive determines the economic policy of the country. This policy is
designed to expedite economic development and make the country self- reliant. The
executive prepares plans relating to production, distribution and exchange of goods
and resources.
5. Judicial Function:
The chief executive has the right of pardon or clemency. He may suspend, remit or
commute the sentence of a person convicted of an offence. This power is exercised
in exceptional cases. In most of the states the executive officials decide
administrative cases like tax evasions, industrial disputes, damages claimed
against government and encroachments. This is known as ‘administrative
adjudication.’
6. Constituent Function:
The constitution may require certain changes. It executive which determines what
changes are necessary in the constitution, and such changes. It also takes the lead
in piloting those constitutional amendments.
7. Legislative Function:
The following are the legislative functions of the ex
(a) Law-Making:
Law-making is the main function of the legislature, contribution of the executive
to law-making is also significant. The executive pre legislative proposals, sends
them in the form of bills to the legislature, pilots and them on the floor of the
legislature and works hard for the passing of bills by the legislature.
A bill passed by the legislature, however, cannot be law unless it obtains the
Asser of the head of state. He has the power to veto a bill or send it back to the
legislature reconsideration.
(b) To summon and provoke the House:
The head of state (President in A India, and King or Queen in Britain) has the
power to summon and prorogue the legislature. In India, for examples, he can
dissolve the lower house of the legislature recommendation of the council of
ministers.
(c) Promulgation of Ordinance:
When the national legislature is not in session head of state can promulgate
ordinances to meet exigencies. The ordinance has force as law. It has to be placed
before the legislature for approval when it meets passed by the legislature, it
becomes a law.
(d) Delegated Legislation:
For lack of time and technical competence, the le delegates the power to make
detailed laws and regulations to the executive. The volume of such ‘delegated
legislation’ has increased in recent years.
8. Welfare Function:
As people have become increasingly conscious of the fact that the state has a
responsibility to provide basic amenities of life to them, they are de the same and
the governments, in general, are trying to meet their demand. It is the duty of the
government to ensure that the people have food, clothes, shelter and access to
education etc. The states are generally becoming ‘welfare states’.
9. Miscellaneous Functions – The executive gives leadership to the government. It
leads the legislature. It leads the party in power. It leads the nation in general,
leadership to the state and represents it in various international conferences and
organisations.
Increase in the Functions of the Executive
A review of the functions of the executive reveals that the executive is a
functioning organ. C. F. Strong opines that “in spite of the vast importance of the
le function in modern government, it tends to be overshadowed by the executive.”
A number of factors has contributed to the enormous growth in executive functions
in recent time.
1. Complexities and Technicalities of Modern Life:
In course of time life has been burdened with many complexities and technicalities.
In order to meet this challenge, the executive needs specialized knowledge and
technical competence. This has led to increase in the function of the executive.
2. Welfare of People:
In most of countries, there are large number of people afflicted by poverty and
deprivation. They demand prompt attention of government which feels duty-bound to
take welfare measures for them.
3. Overburdened Legislature:
The complex problems of the modem state require more laws with great degree of
complexities and technical nature. The modem legislature consisting of amateurs
does not have the time and competence to deal with complex law making. Hence the
executive has assumed more power.
4. Planning:
Modern state is a planned one. Planning has become an important aspect of executive
activities. It has led to the growth of executive power.
5. Delegated Legislation:
Modem legislature makes laws on broad outlines only. The executive makes details
and therefore, its power has grown.
6. Administrative Adjudication:
The role of the executive in deciding administrative cases and disputes has led to
administrative adjudication. Through this, the executive has taken over some powers
of the judiciary.
7. Emergency Situations:
Due to collapse of law and order, natural disasters and external invasion,
emergency situations may arise at different times in different parts of the
country. In the last few years, terrorism has become a serious issue in several
countries. It is only the executive which can tackle these problems promptly and
effectively. No other branch of the government can successfully face these
emergency situations.
The demand for vigour, efficiency and welfare in government has given impetus to
the expansion of executive power. Due to the increase in the power and functions of
the executive through delegated legislation and administrative adjudication, a new
kind of despotism, as Lord Hewart, a British jurist, has said, ‘neo-despotism’ has
evolved.