Lecture-8

Structure of Government

The Executive
An executive is the branch of government that implement the laws and it includes all
departments and institutions that are involved in state administration, i.e, the president, ministers
administrative officials and important civil servants. The term executive strictly from the
political point of view applies to those few office bearers holding key positions who are
primarily responsible for the making and implementation of public policy. Those who translate
administrative policy into day-to-day administration are called the civil servant.

Organization:

The executive branch of government consists of all political and non-political office barriers and
the civil servant, involved in the day-to-day administration. Many writers make a distinction
between the executive and administrative departments on the basis of a political character. The
executive is the purely political branch of government which is a source of the final executive
authority, for a short and fixed period. The other branch that deals with the implementation of
administrative policies, consisting of administrative departments and is controlled by senior civil
servants is non-political.

Executive head: In original societies, spiritual leaders used to be prominent in mature affairs as
well gradually, such leaders assumed absolute political authority and thus originated absolute
rule. The practice of hereditary succession, as a claim to political authority, got the form of
monarchical rule.

Due to the widespread popularity of

democratic principles in the modern period, the
chief of the executive began to be elected by
the people. At present, different methods have
been adopted for the election or designation of
the chief executive of political systems.
Tenure: Different rules and conventions exist regarding the tenure of the head of state, and the
duration of varies from two years term to seven years. The long term has definitely the advantage
of providing stability and continuity in the administrative policy.

In charge of portfolios: In modern states, the administrative system is divided into different
agencies and departments. Due to the increased state activity in almost all walks of life, such
departments and agencies perform a variety of functions and these are put under the charge of
different portfolios headed by the ministers.

Powers and Function of the Political Executive:

A closer study of the working of the modern constitutional systems reveals that the political
executive does not perform uniform functions in all states; its role depends primarily on the
nature and form of government. However, the function performed by the political executive in
different countries is the following.

Administrative Function: Formulation of public policy, execution of laws and appointment of

public officials, are the, most important function of a political executive. As regarded its role in
foreign affairs, includes framing foreign policy, appointment of diplomatic corps, negotiating
treaties with foreign countries, making pacts and agreements with foreign establishments and
receiving diplomatic missions of others countries.

Legislative Powers: Under all forms of government, the executive uses certain legislative powers
as well. In a parliamentary setup, the cabinet is a part of the parliament; as such most of the bills
that are later transformed into laws consist of government bills, the bills initiated by the cabinet.
Under a presidential system, despite the enforcement of the separation of powers, the president is
regarded as a legislator in his own right as well as by virtue of his influence over the legislators.

Financial Powers: In almost all the states, the political executive prepares the annual budget in
form of demands for grants and proposals for raising funds and submits it before the legislature
for approval. Under a parliamentary form the refusal to sanction money on the part of parliament
amount to a vote of no-confidence against the cabinet. But under a presidential system, since the
life of the executive is not involved in financial legislation, the legislature frequently initiates cut
motions to reduce the terms of expenditure.

Judicial Powers: The head of a state can normally exercise some judicial powers. He appoints
judges of the superior courts but they cannot be removed at his discretion. Under the constitution
of Pakistan, they can be removed by the president subject to an opposing inquiry report prepared
by the Supreme Judicial Council.

The Legislature
In the early societies, there was no clear-cut concept of legislation as tradition and usage were
regarded as the most effective regulative force. With the advancement of human civilization, the
need arose to settle affairs through legislation; but no independent institution was established for
the enactment of laws in the remote past. The supreme law-making authority was the ruler. Most
of the modern legislatures were originally established in Europe during the 19th Century.

Organization and procedure

Power: Generally, legislative assemblies are

given the power to enact laws regarding
procedural matters in light of constitutional
law. As the assemblies are regarded as the
mirror of the nation, it is, therefore, considered
advisable to fix the numbers of their members
to ensure proper representation of all interests
and all shades of public opinion.

Tenure: the second important issue in this regard is the fixation of its tenure. It should neither be
too short to make it difficult for the members to get familiar with the legislative routine, nor the
period should be so long that those conditions are completely changed under which the members
were elected. Election at regular intervals after the gap of a few years, make it possible to
produce the trends of public opinion, which is helpful in proper legislation.

Basis of Representation: Popular basis of representation is only a recent development in respect

of the organization of legislatures. In most modern states, people are given the right to vote based
on adult suffrage. According to the normal procedure, the whole country is divided into several
electoral districts having almost equal populations. The popular basis of representation, however,
was condemned by the supporters of Functional Representation, as they regarded that no one can
represent others.

Functions of the Legislature:

Modern legislatures have to perform a variety of functions depending, to a higher level, on the
nature of the political system. Some of the functions are commonly performed by all the
legislatures, such as enacting laws according to the needs of circumstances, passing adoption and
Finance bills and undertaking discussion on national issues, etc. Mostly, the legislatures have a
say in the amendment of the constitution, in addition to the performance of some administrative
and selective functions. The nature and form of government, however, is an important element to
this effect. The function of a legislature under a parliamentary set-up is slightly different from
the one performed under a presidential form of government. The powers and functions generally
performed by a modern legislature are explained under.

Legislation: The primary function of a legislature is to enact new laws and make modifications
to the previous ones according to the requirement of changing circumstances. Enactment of laws
is a very responsible and sensitive matter, as linkage must be continued with the present laws so
that consistency and coordination may be preserved in the legal system. Amending the
constitution: Most of the legislature can also amend the constitution British parliament can make
such changes with the support of a simple majority as it stands supreme. In other countries, a
specific majority rigid two-thirds of the total membership is required for amending the
constitution.

Administrative Control: Complete separation of powers between the branches of government is

neither possible nor desirable. All modern legislatures perform administrative functions as well.
In some parliamentary system, the executive is part of the legislature, as the latter forms and
control the cabinet. Parliamentarians exercise their control effectively by criticizing the
administrative policies, asking questions from the ministers, passing resolutions and joint
resolutions, moving different motions and finally passing a vote of no confidence against the
government.
Control over Finance: Legislature in a modern state is regarded as the custodian of a prize of the
nation. Without its consent, no tax can be imposed, or money spent. At the beginning of every
financial year, the executive prepares budgetary proposals and presents these before the House
for its approval. The members may move cut motions for reducing expenditure but generally,
they cannot propose an increase either in expenditure or in raising funds. To make their control
effective and provide them with relevant information, the annual report regarding income and
expenditure of the previous year, prepared by the comptroller and auditor general, is presented
on the floor of the legislature. In a bicameral legislature, the budget is normally presented in the
lower chamber which is commonly a popular chamber is having effective say in financial
matters.

Judicial Powers: Modern legislature has some judicial power as well. American senate, for
instance, hears cases involving the impeachment of the president, vice president and of federal
officials. British House of Lords is the heights court of appeal for all cases in Scotland, England
and Wales.

As a source of political Recruitment: Legislature act as a source of political recruitment,

providing political leadership. Its function to act as a training center for political leadership
cannot be underestimated. The members of the legislature frequently express their views on
national issues on the floor of the legislature chamber.

Selective Functions: Modern legislature performs some selective and elective functions as well.
During the presidential and vice-Presidential elections in America if no candidate gets a clear
majority of the total votes to cost the House of Representatives and the Senate to elect any one
person as the president and vice president respectively, from amongst the candidates who have
achieved the maximum number of votes. However, in Pakistan and India, the parliament and the
provincial Assemblies elect the president jointly.

The Judiciary:

Enforcement of justice in a society is an important function of the judiciary. As the performance

of judicial duties involves procedures in law, trained and professionally committed personnel are
required to fill the judicial positions.
Organization:

The judicial structure is generally built on different principles from the one adopted in respect of
the other two branches. It has hierarchal stages with lower courts at the bottom and the Supreme
or High Court at the top.

Civil and Criminal Courts: Common courts settle disputes arising among individuals in civil
and criminal cases. All such courts are joined into one organizational setup in which subordinate
courts settle ordinary cases while superior courts have both original as well as appellate
jurisdiction against the decisions of the subordinates' court.

District Courts: District courts are responsible for handling civil and criminal cases within each
district. They are also known as session’s courts when dealing with criminal matters and district
courts when hearing civil cases. Each district has a District & Sessions Judge who is responsible
for both administrative and judicial functions.
Special Courts: In addition to common courts, special courts are also established to decide
special cases. Military courts, for example, work in most countries to settle disputes arising
among military personnel. Similarly, in some countries, separate courts are created for setting
controversies arising in trade, commerce and labor.

Superior Courts:
Supreme Court and High Courts are the
superior courts in the country. Supreme is
the highest court of the country while the
High courts are the superior courts in
provinces.

Functions of Judiciary:

Primary Functions: Protection of fundamental rights and enforcement of justice in a society

depends, to a greater extent, on the role of the judiciary. An independent and impartial judiciary
can afford better protection to the oppressed and persons from oppression and exploitation. The
primary function of the courts is to interpret the law and apply it to cases and different
controversies. A judge is not concerned with examining the validity of the law, his basic function
is to apply it in the settlement of a dispute.

Protection of Rights: Another specific function of the courts is to protect the rights of the
people. The courts have properly performed this function even in some political systems having
a dictatorial rule. In such countries, the judiciary has been the only institution that ensured the
protection of public liberties.

Interpretation of the Constitution: In those countries, where the Constitution stands supreme,
superior courts act as its guardian. In America, for instance, the Supreme Court, through its
power of judicial review, can declare null and void any law, decree, policy or action of the
government or of that any public authority, if it clashes with the Constitutional law. This power,
however, was not openly granted to the Supreme Court in the Constitution but was later asserted
by the judges as implied power. In Pakistan, at different occasions, constitutional crises
overshadowed the political scene due to political instability and the courts had to give important
decisions to resolve the deadlock.

Advisory Jurisdiction: Superior Courts in some countries, advise the government on points of
law, and can also declaratory judgments in which the courts point out the intention of the law. It
is to be recollected, that the courts' advice is not binding like the decisions. Under the
constitution of Pakistan, the president is authorized to get the advice of the courts in legal
matters.

Administrative Function: The function of the courts is not restricted to the settlement of
disputes; they perform some administrative duties as well. This includes the appointment of
judicial staff, issuance of licenses, supervision of wills and the prosperity of senseless persons,
and the appointment of receivers for bankrupt persons and institutions. Moreover, the judiciary
can also issue rules and regulations in respect of admitting appeals and writ jurisdiction.