Organs of Government

              Organs of Government

Executive Body of Government

o  In every modern government, there are three major organs of government. These are legislative, executive and judiciary. The legislature makes laws, the executive implement and the judiciary interprets them.

o  Thus, executive body is that organ of state who implements the laws (Constitution, Acts, Rules and Regulation) and rules over the people by using powers.

Executive Power

o  Power to put decisions, laws etc., into effect (power conferred upon the executive).

Kinds of executive

o  The executive may be real or nominal. The US President is the real executive and he has power to control over the all administration. In parliamentary system, head of state works as nominal executive and real executive power is used by PM and Cabinet.

o  The executive may be single or plural. If the ultimate power is rest in the hand of single person then such executive is called single executive. On the other hand, if such power is rest in the hand of group of persons then such executive can be called plural executive. President or PM may be single and cabinet may be plural executive.

o  The executive may be authoritarian. Control by single party.

o  The Fascist executive: When Mussolini came into power in Italy in 1922, he captured all powers (Legislative, executive and judicial appointment) in his hand; even he forms a parliamentary form of government. At that time, he was the head of the government and also president of the Fascist Grand Council; a body consisting of the leaders of the Fascist Party.

o  The Nazi executive: The executive regime which was set up in Hitler regime. When Hitler, who was a head of Nazi Party, came into power, he also captured all powers in his hand. He brought a concept of nationalism to make support and unity among people. In Nazi regime, the members of Nazi Party who occupied all key positions in the government, were under strict discipline and were also responsible for supervising the execution of the policies handed down from the top.

Elements of Executive body

o  Unity is first requisite of executive body. Proper functions of executive will be possible if they are done by spirit of unity. (Nepalese political crisis due to lack of political unity).

o  The executive should be efficient and strong. For that, it must possess all those powers which are necessary to meet any emergency. But such powers should not be misused.

o  Delegation of power should be allowed. But action should be discharged as per direction given by head of executive.

o  The tenure of executive should be confirmed.  It should be neither too long nor to short.

o  Whatever mentioned in the constitution, the relationship of legislature and executive should be cooperative.

o  The executive should be responsible to the people.

Selection of the executive

o  Heredity: Active monarchy

o  Direct popular election: US State Governors. Proposal of CPN (UML for PM)

o  Indirect election: US President – the people elect the members of an electoral college and the later elect the President.

o  Elected by legislature: In republican and/or parliamentary system.

Function of the Executive

o  Diplomatic function: the appointments of ambassadors, representatives by whom state can deal with other countries and enter into agreements, treaties.

o  Administrative function: the appointment/ recruitment, direction and removal of offices, the issues of instructions and ordinances and execution of laws.

o  Defense of country: The executive has to maintain and efficient and sufficiently strong army, navy and air force to defend its frontiers against the attacks of outsiders.

o  Judicial function: Quasi judicial function, power of pardon etc.

o  Legislative function: Especially in parliamentary system, the executive summons the legislature, draws up its time-table, decides which bills are to be enacted into laws. In addition, bills are also drafted by the executive. Extending concept of delegated legislation.

In Nepal

o  There shall be a President in Nepal.

o  The President shall be the Head of State.

o  The CV shall elect the President on the basis of political consensus.

o  On the basis of constitution and laws, the executive power shall be vested in the Council of Ministers.

o  The executive function shall be exercised in the name of the Government of Nepal.