The term ‘Executive’ has been defined both in its broad and narrow

forms. In its broad form, it is taken to mean all the functionaries,

political power-holders (Political Executive) and permanent civil
servants who undertake the execution of laws and policies and run
the administration of state.

In its narrow form, it is taken to mean only the executive heads

(ministers i.e. the political Executive), who head the government
departments, formulate the policies and supervise the
implementation of the laws and policies of the government. In the
narrow form, the civil service and its administrative functions are
not included in the realm of the Executive.

Two Parts of Executive: Political Executive & Permanent

Executive: Distinction:
(i) The Political Executive (Ministers):
It consists of the executive head of the state and other heads of the
executive departments is ministers. Ministers are political leaders.
They are mostly elected representative of the people and
responsible for all their decisions and policies before the public.
Political Executive work for a fixed tenure of about 5 years.

It acts as a temporary executive in the sense that it changes after

every election. After completing one tenure, ministers have to again
contest elections. They can again become ministers only when the
party to which they belong returns to power as the majority party.

The ministers are amateurs, non-experts and non-professionals.

Their function is to formulate policies and get these policies and
laws approved from the Legislature. Thereafter these policies and
laws of the State are implemented by the civil servants, who work
under the control of Political Executive. The political executive
heads the government. Each minister is head of a department or
some of the government.

(ii) The Non-political Permanent Executive (Civil

Servants):
It consists of the civil servants (Bureaucracy) from the lowest to the
highest levels. It carries out the day to day administration by
working in the government departments. The civil servants are
politically neutral. They do not owe allegiance to any political party.

Their job is to carry out the laws and policies of the government
without any political consideration. They are specially educated and
trained persons. They are experts and professionals. They give
expert advice and opinion as well as collect, classify and present
data to the political executive on the basis of which the latter takes
all decisions.

Once appointed, the civil servants remain in office till the

attainment of the retirement age, usually up to the age of 55 or 60
years. They get regular and fixed salaries and are hierarchically
organised into higher and lower relationships.

Functions of the Executive:

1. Enforcement of Laws:
The primary function of executive is to enforce laws and to maintain
law and order in the state. Whenever a breach of law takes place, it
is the responsibility of the executive to plug the breach and bring
the offenders to book. Each government department is responsible
for the implementation of the laws and policies concerning its work.
For maintaining law and order in the state, the executive organises
and maintains the police force.

2. Appointment-making Functions:
All major appointments are made by the chief executive. As for
example, the President of India appoints the Chief Justice and other
Judges of the Supreme Court and High Courts. Ambassadors,
Advocate General of India, Members of Union Public Service
Commission, Governors of States etc.

Likewise, the President of the United States makes a very large

number of key appointments. All the secretaries who head various
government departments, Judges of the Supreme Court and other
Federal Courts, the Federal officials in the States etc., are appointed
by the US President. However, all such appointments require the
approval of the US Senate (Upper House US Congress i.e.
Parliament).

The members of the civil service are also appointed by the Chief
executive. This is, usually, done on the recommendation of a service
recruitment commission. In India, the Union Public Service
Commission annually holds competitive examinations for All India
Services, Central Services and Allied Services.

It recruits on merit, candidates for appointment to these cadres.

The appointments are done by the Chief executive in accordance
with the recommendations of the UPSC. Similar practice prevails in
almost all the states. As such appointment-making is a function of
the executive.
3. Treaty-making Functions:
It is the responsibility of the executive to decide as to which treaties
are to be signed with which other countries. The executive
negotiates the treaties in accordance with the procedure defined by
international law and also in accordance with the provisions the
constitution of the state.

Each treaty is signed by a member of the executive. Most of the

treaties also require ratification by the legislature of the State. It is
again the responsibility of the executive to secure legislative
approval for the treaties signed by it.

4. Defence, War and Peace Functions:

One of the key functions of the state is to defend and preserve the
unity and integrity of the country and protect it in the event of an
external aggression or war. It is the responsibility of the executive to
undertake this work. To organise military for the defence of the
state, to prepare for and fight the war, if it becomes necessary, and
to negotiate and sign peace settlement after every war, are the
functions performed by the executive.

The executive is the final judge of the nature of the threat to the
security of the country. It has the prime responsibility to take all
such steps as are needed in the interest of the security and integrity
of the state. The chief executive of the state is also the supreme
commander of the armed forces of the state.

5. Foreign Policy-making and the Conduct of Foreign

Relations:
In this age of ever-increasing global interdependence, it has become
one of the most important functions of a government to formulate
the foreign policy of the state and to conduct foreign relations. This
function is also performed by the executive.

The executive formulates the goals of national interest and fixes the
priorities. It first formulates the foreign policy of the nation and
then implements it for securing the defined goals of national
interest. The executive appoints the ambassadors of the state to
other states.

6. Policy-making:
Modern welfare state has to carry out a large number of functions
for securing the socio-economic-cultural development of its people.
It has to formulate policies, prepare short-term and long-term plans
and implement these. All actions of the state are guided by definite
policies and plans.

It is the executive which undertakes the task of policy-making and

developmental planning. These are the two most important
functions of the executive, because by these the state carries out its
objective of promoting the welfare of its people.

7. Functions relating to Law-making:

Law-making is primarily the function of the legislature. However,
the executive also plays a role in law-making. In this sphere too the
role of the executive has been increasing by leaps and bounds. In a
parliamentary system, the ministers are also members of the
legislature and they play a leading role in law-making.
Most of the bills for legislation are introduced and piloted by them
in the legislature. Most of the time of the legislature is spent in
passing the governmental bills. The bills passed by the legislature
become laws only after these are signed by the Head of the State.

8. Law-making under the system of Delegated Legislation:

The system of delegated legislation has considerably increased the
law-making role of the executive. Under this system, the legislature
delegates some of its law-making powers to the executive. The
executive then makes rules on the basis of these powers. The
amount of delegated legislation made by the executive far out-
weighs the laws passed by the legislature.

9. Financial Functions:
It is the legislature which is the custodian of all finances. It has the
power to impose, or reduce or eliminate a tax. However, in actual
practice, the executive exercises a number of financial functions. It
has the responsibility to prepare the budget. It proposes the levy of
new taxes or changes in tax structure and administration. It collects
and spends the money as sanctioned by the legislature.

The executive decides the ways and means through which the
money is to be collected and spent. It formulates all economic
policies and plans. It takes suitable measures for regulating the
production and distribution of goods, money supply, prices and
exports and imports. It contracts foreign loans, negotiates foreign
aid and maintains the financial credibility of the state.

10. Some Semi-Judicial Functions:

The appointment of judges by the executive is regarded as the best
method for ensuring the independence of judiciary. In almost all
democratic systems, the chief executive has the power to appoint
judges. Further, he has the right to grant pardon, reprieve and
amnesty to criminals. Under the system of administrative
adjudication, the executive agencies have the power to hear and
decide cases involving particular fields of administrative activity.

11. Grant of Titles and Honours:

Another important function of the executive is to grant titles and
honours to the people in recognition of their meritorious services to
the nation. Such persons who do commendable work in their
respective spheres of activity—Art, Science, Literature etc. are
granted titles by the executive.

It also grants titles to such defence personnel who show exemplary

courage and devotion to duty during war or peace. Even ordinary
citizens are granted honours in recognition of their meritorious
work for the society. All decisions in this respect are taken by the
executive. These are the major functions performed by the
Executive. Executive has indeed emerged as the most powerful
organ of the government.

Types of Executive:
1. Nominal/Titular and Real Executives:
The difference between the nominal/titular and real executives is
made only in a parliamentary system of government. In it, the head
of state, the President or the Monarch, is the nominal executive and
the Council of Ministers headed by the Prime Minister is the real
executive. All the powers are legally the powers of the nominal
executive but in practice these are exercised by the real executive.

The nominal executive is not responsible for its actions as these are
performed in its name by the real executive. The real executive is
responsible for all the actions of the nominal executive. The
nominal executive is the ceremonial and dignified part of the
executive, whereas the real executive is its powerful part.

2. Hereditary and Elected Executives:

When the executive assumes office by the law of hereditary
succession, it is called the hereditary executive. When the executive
is directly or indirectly elected by the people for a fixed period or
even for life, it is called the elected executive. In Britain, Japan and
Malaysia there are hereditary chief executives. In India, USA,
Germany and many other states there are elected chief executives.

3. Single and Plural Executives:

When all the executive powers are in the hands of a single
functionary/leader, it is called a single executive. In India, Britain,
USA, Australia, France and many other states there are single
executives. In India, all the executive powers are with the President
of India. Likewise under the US Constitution, the executive powers
are with the President of the United States of America.

When the executive powers are vested with a group of persons or in

a committee/council/commission and these are collectively
exercised by all the members of this commission/council, the
executive is called the Plural Executive. As for example, in
Switzerland all the executive powers have been given to the Federal
Council which consists of seven members. All the members
collectively exercise all the executive powers.

4. Parliamentary and Presidential Executives:

The distinction between the parliamentary and presidential
executives is made on the basis of relationship between the
legislature and executive.