ORGANS OF GOVERNMENT

Prof. Dr. Khalid Manzoor Butt

Government
Government is one of the four elements of State.
Government is the agency or machinery through which
the will of the state is formulated, expressed and
realized.
It makes and administers law.
The state plans and acts through the government.
If the people are the limbs and the territory the body,
the government is the head or brain of the state.
Organs of Government
Legislature

Executive

Judiciary
Legislature
Functions:
The functions of a legislature are different in various
states.
In a Autocratic government the legislature is either
non-existent or at the most a consultative body,
without any power to make laws.
In a Parliamentary form of government, the legislature
performs several functions:
Legislation:
The chief function of every legislature is to make laws.
It passes new laws, or amends or repeal the old ones.
A law first is presented before the legislature as a bill. It
goes through several stages of debate and deliberation in
the legislature called the legislative procedure. In case,
it is accepted by the majority of the members at every
stage it is considered as passed by the legislative house.
If there is a second house, it then goes through the same
stages in it as well.
When passed by it, it is placed before the head of the
state for his signature and then becomes an act or law.
 It is then enforced by the executive organ of the state and
interpreted by the courts.
The legislature must be representative of the people to
understand their needs and interests.
 Financial Functions:
In all the democratic states, the legislature has the
control over the national finances.
It has the power to grant money to the government,
which cannot collect taxes without its prior approval.
The reason for this is that the legislature as the
representative of the people, is the custodian of their
interest and public money.
 The government presents the budget in the legislature
before the beginning of a new financial year.
Administrative Functions:
The legislature also controls the executive, especially in
the cabinet or a parliamentary form of government. The
cabinet is responsible to the legislature. If the cabinet
fails to satisfy the members, they can pass a vote of lack
of confidence, in which case the ministry has to resign.
The legislature keeps a check on the work and policy of
the cabinet or government.
 In a Presidential form of government, there is no such
control of the executive due to the separation of powers.
Nevertheless, the Congress interrogates administrators in
its committees.
Amendment of the Constitution:
The legislature has partly or wholly the power to amend
the constitution.
This function greatly depends on the constitutional
arrangement as some constitutions are flexible and some
are rigid or semi-rigid
Other Functions:
Many legislatures have the power to impeach the
Presidential head of states.
Some legislatures have the duty to decide election
disputes.
The American Senate has the power to ratify treaties and
sanction important administrative appointments.
Executive
In the broader sense, the executive include all officials
of the state, from the highest to the lowest, from the
president down to a policeman and a patwari, who
execute or enforce laws and administer the country.
In narrower sense, it denotes head of the executive
departments who determine the policy of the
government that is the president or the king and the
ministers of the cabinet.
The Executive in Britain means the Queen and the
cabinet of ministers headed by the Prime Minister and
in the US, the President and his Secretaries.
Functions and Powers of the Executive
The powers and functions of the executive are not the
same in all the states and in all times.
The powers of the executive are greater in the cabinet
government than in the presidential one, greater in the
totalitarian states than in the liberal ones, greater in the
modern welfare state than in the old laissez-faire state.
Internal Administration:
The essential function of the government is to maintain
law and order.
This function is fulfilled particularly by the Home or
Interior department, headed by the Home minister.
In order to perform its administrative functions, the
executive has two powers: the power of appointment and
of direction.
In modern times, the exercise of these powers by the
executive is regulated by laws and rules of recruitment of
public services.
In the Presidential form of government, the appointing
power of the executive is further limited by the consent
of the Senate.
The power of direction means the power to see that the
laws and policy laid down by the ministers are properly
carried out by permanent officials according to their
directions, orders and instructions.
Military Functions:
The executive has also the duty of defending the state
against foreign aggression or internal revolt in order to
preserve its integrity and security.
This function is performed by the Defence or the War
department.
In the parliamentary government, the military functions
are performed with the confidence of the legislature.
In the presidential government, President must seek the
concurrence of the Congress for declaring war.
 In the war time, the powers of the executive increased
manifold as many of the processes of law and democracy
like the fundamental rights, civil liberties, elections etc.
are suspended.
The executive becomes the most important organ of the
state during the war time.
Diplomatic Functions:
Every state has relations of various kinds with other
states; these are diplomatic or foreign relations.
They are conducted by the Foreign or External
department.
The executive enjoys wide discretionary powers in the
conduct of foreign policy and relations.
Legislative Functions:
The share of the executive in the legislation is greater in the
cabinet system and lesser in the presidential form of
government.
In a Parliamentary system, the executive has the power to
summon, adjourn, prorogue and even dissolve the legislature
and order new general elections.
In the Presidential system, in spite of the separation of the
legislature and executive powers, the latter has some
legislative powers. The president has the right to send
message to the congress, inform it about the state of the nation,
recommend new legislation and financial proposals or budget
and call special sessions of the legislature.
 He also has the power to veto the bills passed by the
Congress which can override it by an enhanced majority
vote.
Financial Functions:
Every government collects and spends large sums of
money.
This task is performed by the Finance department headed
by the Finance minister.
This department prepares the budget. The budget is the
annual statement of the income ad expenditure of the
state.
It collects taxes and then spends them according to the
budgetary allocations
Judicial Power:
The executive, or rather the head of the state, has the
right to grant pardon or clemency, either before or after
the trial and conviction.
The Chief Executive may also issue a general
proclamation of amnesty, setting free the prisoners.
Administrative Justice:
In modern times, the ministers and administrators act as
judges.
They hear cases and settle disputes.
Some Other Functions:
It regulates trade, commerce, industry, agriculture,
education, public health, transport, etc.
Judiciary
Judiciary is the judicial authority of the state.
The judiciary is the system of courts that interprets
and applies the law in a country, state or an
international community.
Its prime job is the dispensation of justice.
Justice is the foundation of the states
Functions of the Judiciary
Settlement of Disputes:
The primary function of the judiciary is to apply existing
laws to the specific cases or legal disputes brought
before the courts for settlement.
These cases are Civil or Criminal.
Civil cases deal with breach of rights of private citizens.
Criminal cases means those which arise from the breach
of peace and violation of laws of the state by a citizen
Interpretation of Laws:
Sometimes the law is not clear. In deciding such cases,
the judge has some discretion in interpreting the laws and
deciding the case in the light of the principles of justice,
equity and commonsense.
Preventive Justice:
In modern times, judiciary performs the duty of
preventing the violation of rights or threatened infraction
of the law. This is called Preventive justice.
It is performed by issuing writs and restraining orders or
injunctions
Judicial Review:
In a federal state, the judiciary has the power to declare
the acts or statutes of the central or provincial
legislatures or executive orders unconstitutional if they
are outside their jurisdiction or powers as defined by the
constitution.
Advisory Opinions:
In many countries the judiciary performs the function of
giving advisory opinions on questions of law when
requested by the executive or the legislature.
In Pakistan, this function is usually performed by the
High Court or the Supreme Court.
Non-Judicial Functions:
Almost in all countries, the judiciary is called upon to
perform certain miscellaneous functions.
The judges may be empowered to grant licenses, or act
as receivers in bankruptcy, guardians of minors, and
administrators of estate, or to naturalize the aliens, etc.