Introduction

This project is about the various organs of the government. It aims at the comparative study
of the three different organs of the government. The project includes the study of functioning
of the three organs. It also shows how one organ is dependant on the other.

Government of India is constituted of three organs namely Executive, Legislature and

Judiciary to administer the country and its people efficiently. Our constitution makers were
wise enough to establish this model of horizontal power sharing to allay the possibility of
concentration of power in any of these organs which may make it absolutely powerful and
then destructive.

In this system of power sharing, the constitution has endowed the whole structure which
required check and balances through the separation of responsibilities of the three organs.one
organ can not infringe upon the area that other organ is dealing with.
So basically, the burden of governance is shared to gain maximum efficiency, along with the
provision of checks and balances that do away with the fear of concentration of power.

Executive deals with taking crucial governmental decisions and implementing them. It is the
organ that holds the responsibility for the governance of the state. The executive executes and
enforces the laws. Legislature is the law making organ. It is the only branch which can make
law or amend an existing law. Judiciary is the system of courts that interprets and applies the
law in the name of state. It also provides mechanism for disputes resolution.

All the three branches have their own fixed functions and responsibilities. One branch cannot
do the work of the other branch.

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Research methodology
For the purpose of research, the researcher has relied on various books, articles, websites and
newspaper. The source from which the material for this research collected are secondary. So
the methodology used in the research has been Doctrinal. Non-doctrinal method has not been
used by the researcher in this research. The research is also deductive in nature since the
hypothesis is formed by referring to various sources, and then coming to a conclusion.

The aim of this project is-

 To understand the distinction between the various organs of the government.
 To understand the functions of various organs of the government.
 To understand the relation between the various organs of the government.

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Content

The modern system of democratic government in India is based on the theory of separation of
powers given by Montesquieu. This model of separation of powers is also known as
triaspolitica. According to this system of separation of powers, the state is divided into three
branches or estates, each with independent and separate areas of responsibility and powers.
This division of estates is into an executive, a legislature, and a judiciary.

The supporters of the separation of powers say that this division is good as it protects the
liberty and democracy and avoid tyranny. On the other hand the opponents of the separation
of powers say that it actually slows down the process of governing, promotes excess of
executive powers and it causes unaccountability, and it also tends to marginalize the
functioning of legislature.

Legislature
Legislature is the law making organ of the government. It occupies an important position in
the machinery of the Indian government. In India the power of legislature is exercised by the
parliament. Parliament is a bicameral legislature which consists of the lok sabha or the lower
house and rajya sabha or the upper house of Indian parliament. Rajya Sabha is the council of
states and consists of members appointed by the President and elected by the state and
territorial legislatures. Lok sabha is the house of the people.

The functions of the legislative branch are as follows:

 The most important function of the legislature is to make laws. It is sometimes called
as the rule making department of the state as it is the creator of laws. Bills are
introduced in the legislature then they are thoroughly discussed in both the houses
after which the bills are sent for the assent of the President.

 Legislative branch also exercises the control over the general administration of the
country.

 Legislative branch has to perform important financial functions. This includes

presenting maintaining and authorising budget every financial year. No money can be
spent by the executives without the prior approval of the legislature. Lower house or
the lok sabha enjoys more power in the matter related to money bill. A money bill can
originate only in the lok sabha.

 Legislature also performs important judicial functions. Any of the houses can initiate
the impeachment proceedings of president
.
 Legislature performs some elective functions as well. The parliament takes part in the
election of President and vice President.

 Legislature also has the power to amend the existing laws.

 It also has the power to remove the judges of supreme court and high courts on the
grounds of misbehaviour or incapacity .

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  The legislature also works as an organ of inquest or enquiries.

But the legislature or the parliament does not have complete control or sovereignty
because the laws made by the parliament are subject to judicial review by the supreme court.
The parliament exercise some sort of control over the executive branch. The members of
the cabinet which also includes the prime minister and the council of ministers are either
chosen from the or are required to be elected as a member of Parliament within six months of
assuming the office. This cabinet as a whole is responsible to lok sabha . The lower house or
lok sabha is a temporary house and it can be dissolved when the party in the power losses the
support of the majority of the members of the house. On the other hand rajya sabha is a
permanent house and it cannot be dissolved.

Executive

Executive is the branch of the government that is responsible for executing, administering
or putting into effect the laws made by the legislature. This includes the head of the state,
council of ministers and all other officials who implement the law. In India the executives
consist of the President, vice president, prime minister, council of ministers, etc.

Kinds of Executives

 Political and permanent executives- Political executives are the executives that are
popularly elected leaders and whose tenure is temporary in nature. Prime minister and
his council of ministers are political executives in India. They remains in office only
as long as they enjoy the confidence of the legislature. On the other hand permanent
executives are the executives that are salaried officials and subordinates who carry on
day-to-day work of the administration. These officials have entered the office through
competitive exams and they carry the service till their retirement.

 Nominal and real executives- The executives can be both nominal and real. This
distinction is basically between the head of the government and the head of the
government. In parliamentary forms of government like in India and Britain this is
very clear. The cabinet which is headed by the prime minister is the real executive and
the President is nominal executive in India. In theory it is said that the President
enjoys wide powers but in reality all these powers are performed by the prime
minister of India and his council of ministers, the President is only the nominal head.
In USA the presidential system is followed in which there is no nominal executive. In
USA president is the head of the state and also the real executive. President is the
head of the state and head of the government. In absolute monarchies and
Dictatorships this distinction is meaningless as all the powes is vested in one person.

 Single and plural executives- American president is an example of single executive,

where the ultimate power is in the hands of a single person and he does not shares the
powers with others. Cabinet form of government is a combination of both single and
plural executives. The prime minister follows the principle of single executives on the
other hand his council follows the principle of plural executives. However the prime
minister and his council act as a team hence whole cabinet can be viewed as singular
executives. Federal council of Switzerland is an example of plural executives where,
the executive powers is in the hands of group of persons and they all are having co-
equal authority.

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 Parliamentary and Presidential type of executives

In parliamentary system, the political executive is responsible to the legislature, and remain
in the office till he enjoys the confidence of the legislature. There is a difference in real and
nominal executive in the parliamentary system, where head of the state is the nominal
executive and Prime minister and his council is the real executive. Head of the state can be an
elected person as in India, or a hereditary king or queen as in the case of England.
Theoretically, all the power is in the hands of the head of the state but in practice these
powers are exercised by the head of the government. This system of parliamentary executives
is followed in various countries like Britain, India, Australia and Japan.

On the other hand, in presidential system, the executive is different or separate from the
legislature. There is no nominal head and there is only one executive- the President and he is
the real executive in both law and practice. This system is found in USA. In presidential
system, the President is elected directly by the people and he remains in office for a fixed
tenure. Otherwise he can only be removed by the process of impeachment. This president
appoints ministers and they are responsible to the President for all their actions. They hold the
office till they enjoy the confidence of the President. In this system, there is no collective
responsibility and the President is responsible for all the actions of his ministers.

Functions of the Executive

Administrative functions- These are the functions that include which deals with the strict
administration of the government like appointments, direction and removal of the officers,
issue of instruction and all the functions relating to the execution of laws. Internal
administration includes maintenance of peace and rule of law is an important function of the
executive. Home department along with permanent executives is responsible for maintenance
of internal peace and security.
External administration also falls under the control of the executives. It is the duty to the
executive to keep the state free from external aggression. Head of the executives frames the
foreign policy of the state. They appoints diplomats and ambassadors, who conducts
international relations under the guidance of the political executive. External affairs ministry
is in charge of conducting relations with other countries.

Military Ftunctions- This includes the defense of the country. It is a very important duty of
the executive to secure territorial integrity and if requires to wage war. The executive
maintains an efficient army, navy, air force, to secure the state against the attack of the
outsiders. In India President can declare war but in reality this power is exercised by the
President and his council. In India the defence ministry is responsible for carrying these
functions.

Legislative Functions- Although law making organ is legislature, but executives also
performs some legislative functions. In Parliamentary form of the system, executive summon,
adjourn, and prorogue the sessions of the parliament and he can also dissolve the lower
house. They have power to issue ordinance when the legislature is not in session. The
political executives introduce the bills in the parliament and takes up the responsibility of
passing the bills in the houses. Assent of the chief executive is necessary for a bill to became
an act.

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Financial Functions- The purse of the nation is controlled by the executive. The budget is
introduced by the politic executive in the legislature.

Judicial Functions- Appointment of judges is done by the executive. Executive also has the
power of granting pardon to the offenders. Head of the state has the power of granting mercy.
In India President has these powers.

Judiciary

Judiciary is that branch of the government that interpret and enforces laws made by the
legislature. In ancient time the executive and the judicial functions were performed by one
person. But justice cannot be secured in such a system where same person made and interpret
law. Therefore the need of an impartial and independent judiciary was felt and the result was
advent of judiciary as a separate branch of the government.

Judiciary is regarded as the guardian of the rights and the liberties of the people and of the
constitution. Welfare of the citizens depends on the impartiality and efficiency of the
judiciary. No one doubts the importance of judiciary in modern state, but its
degree of importance varies from country to country. For instance in UK, where the laws are
not codified, judiciary not only interprets, but also make law. And in countries with written
constitution, it acts as its guardian.

Judiciary is the rule adjudicating agency. It is the duty of the judiciary to interpret laws and
punish the guilty. Rule adjudication refers to those decisions where conflicts relating to rule
application are resolved. Disputes between the citizens or between the citizens and state are
resolved by judiciary.

Independence judiciary

Independence of the judiciary (also judicial independence) is the principle that the judiciary
should be politically different from the legislative and the executive power. Which means that
the courts should not be subject to improper influence from the other branches of
government, or from private or partisan interests.

Different nations deal with the idea of judicial independence through different means of
judicial selection, or choosing judges. One way to promote judicial independence is by
granting life tenure or long tenure for judges, which ideally frees them to decide cases and
make rulings according to the rule of law and judicial discretion, even if those decisions are
politically unpopular or opposed by powerful interests. But they may have conflicts with
republicanism and they could support it.

Need for the independence judiciary

 To analysis the activity of the organs: judiciary acts as a babysitter by ensuring

that all the organs of the state action aural their corresponding areas and according
to the provisions of the constitution. Judiciary acts as a guardian of the
constitution and additionally aids in securing the separation of powers.
 Interpreting the provisions of the constitution: It was known to the framers of the
constitution that in approaching the ambiguity will appear with the provisions of

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 the constitution so they ensured that the judiciary charge be absolute and self-
competent to adapt the provisions of the constitution in such a way to resolve the
ambiguity but such an estimation charge be unbiased i.e. free from any pressure
from any organs like executive. If the judiciary is not independent, the added
organs may beset the judiciary to adapt the provisions of the constitution
according to them. Judiciary is accustomed the job to adapt the provisions
according to the constitutional norms.

 Disputes referred to the judiciary: It is expected of the Judiciary to deliver judicial

justice and not partial or committed justice. By committed justice we mean to say
that when a judge emphasizes on a particular aspect while giving justice and not
considering all the aspects involved in a particular situation. Similarly judiciary
must act in an unbiased manner.

Judicial review

Judicial review is the power by which court can review the laws passed by the legislature and
the orders which are issued by the executives, when they are challenged by the affected
persons, and to declare them null and void, if they are found to infringe the provisions of the
constitution. Generally this is a feature of the countries that possess a written constitution and
a federal system. This system protects the rights of the persons against the legislature and
executives.

This doctrine of judicial review originated in USA in 1803 in a leading case of Marbury
v.Madison, where chief justice Marshall ruled that court had the power to declare the actions
of the congress and the executive invalid.

Functions of the judiciary

The major functions of the judiciary are:

 To give justice to the citizens: The first and most important function of the
judiciary is to the citizens of the country whenever they need. It also has the
power to give punishments to those who after the trial are found guilty of violating
the laws.

 Interpretation and application of the laws: The judiciary is responsible for

interpreting and applying the laws to specific cases. This is a very important and
crucial function as the law means what the judges interpret it. Therefore, each and
every law requires a proper interpretation for getting applied to various cases.

 Role in law-making: The judiciary also plays an important role in law-making.

The decisions of the court determine the meaning, nature and scope of the laws
which are passed by the legislature. This power is amounts to law making as it is
these interpretations which really define a law. Also , judgements delivered by the
higher courts are court of records, are binding on the lower courts. Judicial
decisions also constitute a source of law.

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 Equity legislation: whenever s law is silent or ambigious, judges rely on their
sense of justice, fairness, wisdom, etc for deciding the cases. This is known as
equity legislation.

 Protection of Rights: The judiciary has the responsibility of protection of rights.

A person has the power to approach the judiciary if his rights are violated or
threatened to be violated by the government or by any private organisations or
even by any other citizen. In all these cases it is responsibility of the judiciary to
protect his rights,

 Guardian of the constitution: the judiciary is considered as the guardian of the

constitution. The constitution is supreme law and the judiciary is responsible to
interpret and protect it. For performing this function, the judiciary can conduct
judicial review over any law for determining as to whether or not it is in
accordance with the provisions of the constitution.

 Advisory Functions: The judiciary has the responsibility of giving advisory

opinions to the rulers on some legal matters. For example, the President of India
has the power to seek supreme court’s advice on any question of law or fact,
which is of public importance.

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Conclusion
The researcher concludes that the three branches of the government- Legislature, Executive
and Judiciary are closely related to each other. Some of the members of Legislature and
Executive are same like Prime Minister and council of ministers. However the work done by
them in both the branches are completely independent and different.

This dinction of the branches is very important for the proper functioning of the government .
The founders of the constitution set these three branches in place in order to create balance of
power . the three branches work together to assure the rights of citizens are not overlooked.

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 Bibliography

https//en.wikipedia.org.

https//gradestack.com.

http//www.india-in-your-home.com

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