DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NAME OF STUDENT: - RAHUL KUMAR DUBEY

ROLL NO. : - 2014087

SEMESTER: - 1ST

SUBJECT: - LEGAL METHOD

TITLE OF THE PROJECT: - ROLE OF EXECUTIVE IN EXECUTING LAW

RESEARCH METHODOLOGY: - The researcher will have a doctrinal approach towards the

Project. Information for the Project will be collected from Books, Journals and Internet.

INTRODUCTION

The Executive is part of government that has the sole authority and responsibility for the

daily administration of the state. Executive means leader of office or many office run. The

executive branch executes or enforces the law. The division of power into separate branches

of government is central to the idea of the separation of powers.

The separation of powers system is designed to distribute authority among several branches

— an attempt to preserve individual liberty in response to tyrannical leadership throughout

history. The executive officer is not supposed to make laws (the role of the legislature) or

interpret them (the role of the judiciary). The role of the executive is to enforce the law as

written by the legislature and interpreted by the judicial system.

The executive can be the source of certain types of law, including decree or executive order.

Executive bureaucracies are commonly the source of regulations.

In a presidential system the leader of the executive branch is both the head of state and head

of government. In a parliamentary system, a cabinet minister responsible to the legislature is

the head of government, while the head of state is usually a largely ceremonial monarch or

president.

What are the functions of executive in executing the Laws?

The executive branch is responsible for implementing and administering the public policy

enacted and funded by the legislative branch. 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:-

(a) Execution of Laws and Judicial Decision

(b) Maintenance of Law and Order

(c) Policy-Formation

(d) Appointment and Promotion

2. Diplomatic function

3. Military Function

4. Financial and Economic Function

(a) Budget-preparation

(b) Revenue-collection

(c) Auditing

(d) Economic policy

5. Judicial Function

6. Constituent Function

7. Legislative Function

(a) Law-Making

(b) To summon and provoke the House

(c) Promulgation of Ordinance

(d) Delegated Legislation

8. Welfare Function

9. Miscellaneous Functions

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

2. Welfare of People

3. Overburdened Legislature

4. Planning

5. Delegated Legislation

6. Administrative Adjudication

7. Emergency Situations

Relationship between the Legislature and the Executive

According to Sidgwick, the relation between the legislature and executive is one of the

knotiest problems in the constitutional structure. Montesquieu and Blackstone maintained

that the three organs of government should be kept separate and distinct and one should have

no relation with the other.

But strict separation of powers is neither desirable nor practicable. The government is an

organic unity and the legislature and the executive must work in co-operation and

collaboration.

One cannot be strictly separate and independent of the other. It is observed in practice that in

every state the legislature partakes in the work of the executive and vice versa.

Relationship between the Executive and the Judiciary

It is accepted at all hands that the judiciary should be kept separate from the executive. The

judiciary is the guardian of the liberty of the people and this function can be performed

efficiently and honestly only when it is independent of the control of the executive.

If both these functions are combined in a single person as is the case with the Deputy

Commissioner in India, who combines in him the executive and judicial powers, the liberty of

the people cannot be safe at his hands.

As Montesquieu said, the executive will become oppressive. There shall be left no restraint

upon its officers and the rights of the people will depend upon their mercy.

Judiciary must be made independent of the executive. However, as the government is an

organism these organs cannot be separated completely. In a modern state executive performs

judicial and semi-judicial functions and the judiciary performs certain executive functions.