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Organs of Government

Milan Shrestha
Lecturer of International Studies
Tribhuvan University
shresthamilan3@gmail.com
Organs of Government

Organs of Government

Legislative Executive Judiciary


Organs of Government
In every modern government, there are three
major organs of government. These are
legislative, executive and judiciary.
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.
The executive and the judicial departments
cannot work without legislature. Because, they
should be under the laws and legislature is
responsible to formulate such laws in democratic
society. 3
Functions of legislature
The basic function of the legislature is to:
make, amend and repeal laws.
amend constitutions by applying certain
procedures.
The legislative body performs financial
function by controlling over the national
budget.
No money can be spent and no tax can
be levied without the consent of people's
representation.
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Contd
Legislative body can control over the
government/executive body.
In parliamentary system, only those elected person can
form the government who enjoys the confidence of
legislature, and also has to region as soon as s/he lost
such confidence.
The member of legislative body can ask question
to the government and its members/cabinet.
Both in parliamentary and presidential system of
government, the legislative body can form different
commissions/committees to check the works to be
performed by the government.

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Contd
The legislature has also judicial power in
the case of impeachment.
Such action can be exercised against head
of state, Supreme Court's judge and
members of constitutional commission in
the case of Nepal.
Ratification of treaties.

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Two House system
Unicameral/A Single House Bicameral/Two House

Prompt action Check legislation


Reduce duplication and common errors
Lack of conflict Divide work load
between two houses Inclusive
Less expensive. Protect individual
freedom from despotic
legislature.
Context of Nepal
According to Interim Constitution of Nepal:
Constituent Assembly had been assigned to
work as legislative parliament.
Proposed in Constituent Assembly:
Bi-cameral House: Upper House of Federal
Structure is to be formed for 6 (2+4+6) years
and Lower House is to be elected for 5 years.
Provincial structure will be unicameral and to be
said Pradesh Sabha.

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Executive Body of Government
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: Power to put
decisions, laws etc., into effect (power
conferred upon the executive).

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Kinds of executive
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.
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.
The executive may be authoritarian. Control by
single party. 10
Elements of Executive body
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).
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.
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Contd
Delegation of power should be allowed.
But action should be discharged as per
direction given by head of executive.
The tenure of executive should be
confirmed. It should be neither too long nor
to short.
Whatever mentioned in the constitution, the
relationship of legislature and executive
should be cooperative.
The executive should be responsible to the
people.
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Selection of the executive
Heredity: Active monarchy
Direct popular election: Elected by
people directly.
Indirect election: elected by people
through their vote of electoral college.
US President.
Elected by legislature: in
parliamentary system.

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Function of the Executive
Diplomatic function: the appointments of
ambassadors, representatives by whom state
can deal with other countries and enter into
agreements, treaties.
Administrative function: the appointment/
recruitment, direction and removal of offices,
the issues of instructions and ordinances and
execution of laws.
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.
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Contd
Judicial function: Quasi judicial
function, power of pardon etc.
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.

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Judiciary
Judicial body is that organ of state
who evaluate implementing laws
(Constitution, Acts, Rules and
Regulation) made by legislature by
interpreting such laws.
Judicial Power: Judicial Power
means deciding cases by
interpreting constitution and laws.

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Function of Judiciary
Delivery of justice: As per provision of
law
Protection of human rights and
fundamental freedom
Judicial Review: Declare ultra vires
any law if it is passed beyond the
constitutional provisions
Injunction and Interim order: Issue
different orders including interim order,
like: injunction to help harmful act;
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Contd
Issuing the writs of
habeas corpus - the court may order the
release of a person who is illegally detained,
Mandamus - Mandamus to do particular
thing which the law of the country requires
it to do,
Certiorari - for avoiding decision taken by
government agencies,
prohibition to be issued against judicial
bodies not to go against law.
quo-warranto issued to ask authority.
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Independence of Judiciary
Qualification and Appointment:
The appointment of judge must not be in the hands of
the government alone.
In some country judge of junior court is elected by
people, like some state of USA, some Cantons Swiss etc.
But this method may not be suitable in all situations.
Because people may not be competent to determine
qualities of judge in all time. It may compel the judge to
enter into politics.
In India, judge of Higher Court is generally selected from
the senior practicing lawyer. In USA judges of federal
court are appointed by the President with the consent of
the Senate and can be removed only by impeachment.
In France, competitive examinations are held for
recruitment of the judges.
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Independence of Judiciary
Tenure:
In order to maintain independence judiciary, the tenure
of judge should be fixed in the constitution. Because fear
of uncertainty may hamper to judges to discharge their
jobs.
In the case of Nepal, Chief Justice and judge of the
Supreme Court, once appointed, continue to hold office
till they reach the age of 65. In the case of judge of
Appellate Court, the age of retirement is 63 and the
judge of District court retire at 63.
If the judge becomes incompetent or unfit to perform his
duties on account of the loss of mental faculties of
physical unfitness, he can be removed from the post by
applying certain procedures.
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Independence of Judiciary
Facilities and benefits:
In order to maintain fair judiciary, they
must be paid fixed and adequate salaries
and other benefits. In addition, they should
be paid adequate pension on retirement
and compensation. If they felt less benefit
than practicing lawyer, it may causes to
independence of judiciary.
After retirement of judges, they should be
disqualified for further appointment in
state's mechanisms.
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In Nepal

Organs of Government

Legislative Executive Judiciary

Supreme Court - 1

Special Court/Tribunal
Appellate Court - 16

Quasi Judicial Bodies District Court - 75