THAKUR RAMNARAYAN COLLEGE OF LAW

RESEARCH PAPER

NAME: EKTA TRIPATHI

CLASS: FYBLS( SEM II)

DIVISION/ ROLL NO. : B/48

SUBJECT: POLITICAL SCIENCE

SUBMITTED TO: PROF. AMRITA SANYAL

TOPIC: ORGANS OF GOVERNMENT

DATE OF SUBMISSION: 10/09/2022

ORGANS OF GOVERNMENT
Effective and efficient governance is the expectation of every civilized society. A Constitution
establishes the regulatory framework for political activity and the governance process in a
country. One of the things it does is, to show organs of government, define their functions, and
specify their powers to discharge these functions. This role is performed by the government
which is one of the four essential elements of the state. No state is possible without a government
that not only provides security to the people but also looks after their basic needs and ensures
their socio-political development. Thus, we can say that a government is a set of institutions that
exercises control through legal devices and imposes penalties on those who break the law. For
this purpose, social acceptance of the power of the government to control people must be
accepted by the people voluntarily and recognized by them. A government normally functions by
dividing its functions between its organs, with each organ performing some specific functions. It
primarily performs three main functions i.e. making laws, enforcing the laws, and adjudicating
disputes.
Experience from all over the world, three particular organs of government are the most basic.
These are- (a) the Executive; (b) the Legislature; and (c) the Judiciary. These organs correspond
to the vital and most basic governance functions, namely (and respectively), (i) the conduct of
policy and administration; (ii) the making or repealing or amendment of the governing laws; and
(iii) the adjudication of conflicts that arise while the laws of the land are being implemented
through executive and administrative decision-making or action.
The organs of the government are so structured that they can adequately perform the functions
given to them. This system of dividing powers among the three organs of a government is called
“separation of powers”.The separation of powers, therefore, refers to the division of government
responsibilities into distinct branches to limit any one branch from exercising the core functions
of another. The intent is to prevent the concentration of power and provide for checks and
balances. Although the Constitution of India does not provide strictly for the separation of
powers, these articles provide a general guideline:
1. Article 50[i]: This states that the State or the Government concerned will take appropriate
steps to ensure that the judicial branch is separated from the functioning and working of
the executive branch.1

1 https://judiciallearningcenter.org
 2. Article 121[ii] & 211[iii]: It, in a way, provides for the separation of the legislature and
the judiciary. This article states that the conduct of justice or how a judge discharges his
duties of any Court cannot be discussed in the legislature (state or union).2
3. Article 122[iv] & 212[v]: This article is aimed at keeping the judiciary (the law
interpreting body) and the legislature (the law-making body) separated. It does so by
stripping the judiciary of any power to review and question the validity of proceedings
that take in a legislature or the Parliament.
4. Article 361[vi]: This article separates the judiciary and the executive. It states that the
President or governor of any state is not answerable to any court in the country for
actions and activities taken in the performance of the powers and duties of their office.

THE EXECUTIVE:

The Executive can refuse laws, can command the military, makes verdicts or declarations
and disseminate legal regulations and executive orders, can reject spending money
allocated for certain purposes, can appoint judges, and has the power to grant pardons to
convicted criminals. The Executive is in strong support of democracy and is equally
expected to be free of intrusions from the other two organs of the Constitution. It is
established that the Executive is independent of the two but the incongruity persists. It is
completely eroded in actual practice. The reason is that each time the executive is
questioned for its actions by the judiciary and the Legislature. This weakens the
independence of the Executive to the maximum. It is not that the question of
responsibility pops up only in the case of executives. The judiciary and legislature are
equally answerable but in their cases, a built-in system from within would be available
for discharging those functions. This is the real state of affairs, which exists in practice.
Though the Indian Constitution allocates executive powers to the President and
Governors (Article 53 (1) and Article 154 (1), they are authorized with certain legislative
powers (Articles 123, 213, and 356) and certain judicial powers (Articles 103 and 192).
Likewise, the legislature exercises certain judicial functions (Articles 105 and 194) and
the judiciary exercises few legislative and executive functions (Articles 145, 146, 227,
and 229). However, the judiciary is made separate from the executive in the public

2.https://www.egyankosh.ac.in
 services of the State (Article 50). In some states, the complete separation of the judiciary
from the executive has been accomplished through legislation.

THE LEGISLATURE:
The Legislature has been considered high-esteem in the Indian Constitution. It is mainly
associated with the enactment of general rules of law that are relevant to all aspects of the
conduct of its inhabitants and institutions. The Parliament is the Union Legislature of
India and consists of two bodies: Lok Sabha and the Rajya Sabha. It passes laws, imposes
taxes, authorizes borrowing, and prepares and implements the budget. By making the
executive responsible to the popular house, the Constitution safeguards a proper
mechanism of checks and balances to the dogma of separation of powers. The entire
system has other facades which can help achieve the same. Therefore, this brings the role
of the other two pillars: the Judiciary and the Executive.

THE JUDICIARY:
The judiciary Indian Constitution is drafted so precisely that it provides for an independent and
unbiased Judiciary as the interpreter of the Constitution and as custodian of the rights of the
populations through the process of judicial review. This mandates the judiciary to interpret the
laws but not to make them. They are not to lay down the general norms of behavior for the
government. Judiciary is an essential organ of the government. The Supreme Court of India is
one of the very powerful courts in the world. Since 1950, the judiciary has played a vital role in
interpreting and protecting the Constitution. The higher judiciary in India, especially the
honorable Supreme Court has become an epicenter of the debate over its role in entertaining and
deciding public interest petitions. In deciding these petitions, the issues many directions to the
government, including framing legislation in many areas.

The functions of the judiciary differ from one political system to another, but generally, they are
as follows:

The first and foremost function of the courts is the administration of justice. The courts hear and
decide cases of all civil, criminal, and constitutional nature. In countries having written
Constitutions, the courts are also entrusted with the power of interpreting the Constitution. They
act as the guardian of the Constitution. Secondly, though legislation is the work of the
legislatures, the courts also legislate in a different way. Where the law is silent, or ambiguous,
the courts decide the law and how it should prevail. Thirdly, the courts in a federal system of
government also play the role of independent and impartial umpire between the central and
regional governments. Lastly, the courts are important agencies for legitimizing the outputs of
government. It is expected that the courts should keep themselves aware of the growing urges
and aspirations of the people and should interpret the meaning of law dynamically in the light of
obtaining the situation. They should see that any law or executive action does not infringe upon
the various rights of the people. The most controversial function of the courts lies in their power
of judicial review under which they have the capacity to examine the validity of a legislative or
administrative measure, and then declare it, either in part or full, 'intra vires or ultra vires of the
Constitution.' This power had its origin in the United States and also has its best form there. Its
second best example can be found in India. The enormous powers and functions of the judiciary
make the courts responsible for the well-being and protection of the rights of the nation on the
whole. Thus, to perform these functions effectively it is necessary that it should be independent
and impartial. Even though in some countries (e.g., Switzerland and the U. S.) judges are elected,
in most others, they are appointed by the executive. However, once appointed they cannot be
easily removed except by the process of impeachment on the grounds of proven misbehavior and
incapacity. Their salary and service conditions arc placed beyond the control of the executive or
legislature. While making an appointment, the President is not guided by party considerations,
but by the merits and capability of the person concerned. The salaries and allowances of the
judges are placed beyond the control of the executive or legislature so that they cannot be altered
to their disadvantage. In many countries like India, an oath is administered so that the judges can
perform their duties to the best of their abilities without fear, favor, affection, or ill will.

The governance of any country requires the making of laws. their execution and interpretation
which are carried out by the Legislature, Executive, and Judiciary respectively. The executive
includes the political executive and the bureaucracy. It implements the laws and directs the
administration. Parliamentary democracies implement laws also. Currently, the role of the
executive has increased tremendously. It claims to represent the sovereign will of the people. The
legislature may be bicameral or unicameral. Bicameral legislatures are better because they are
supposed to represent special interests: to check hasty legislation and in federal states, to
represent the federating units. Legislatures not only make laws but, seek to control the
administration and perform some functions of judicial nature. However, recently there has been a
decline in the role of the legislature because of party conflict and the dominance of the executive,
and other reasons. The judiciary settles disputes and interprets laws and the Constitution. It
protects individual rights and is the guardian of laws and the constitution. It has also got the
power of judicial review which has led to judicial activism in recent years. All this requires it to
be independent and impartial. Thus, all these organs of government have their own assigned
roles, at the same time, they are also linked to each other. It is upon their harmonious functioning
that a political system acquires stability as well as vitality.

BIBLIOGRAPHY:

1.https://www.egyankosh.ac.in/handle/123456789/20952

2.https://en.wikipedia.org/wiki/Government_of_India#:~:text=The%20Union%20government
%20is%20mainly,and%20the%20supreme%20court%2C%20respectively.

3. https://judiciallearningcenter.org/the-constitution/

4.https://economictimes.indiatimes.com/topic/legislative-branch-of-india