Separation of Powers | Legislative, Executive, Judicial
Indian constitution envisages a structure where Executive is a part of Legislature and strict separation of powers is not possible as can be seen below: In a. Do the relations of a country's governing institutions differ depending on whether it has a presidential, parliamentary or hybrid political system? Is it possible to. Understanding the balance and relationships among legislative and other governmental functions is important to accomplishing objectives.
However their Ministerial appointment, immediately entitle them to Parliament membership. Although they are directly responsible to the Prime Minister, they are accountable to the Legislative Assembly in the same way that elected representatives are.
PM and the Cabinet Following a general election, the members elected to the Legislative Assembly will nominate one of their elected members to be appointed by the King as Prime Minister.
Once the Prime Minister is appointed, he or she will form the Cabinet by appointing Ministers in accordance with the Constitution to head specific government ministries. Because Cabinet members are elected members of Parliament except the non-elected Ministersthe scope of the executive authority is defined by its obligation to account to Parliament.
In this respect, Cabinet is collectively responsible to Parliament. Consequently, the authorities and responsibilities of the Executive and the Legislative Assembly are complementary. Accountable Mechanisms The new political system emphasizes different ways by which the Legislative Assembly can hold both the Executive and its members to account. The most important mechanisms are the vote of no confidence and impeachment. The vote of no confidence focuses on holding the Executive as a collective body to account and emphasizes the need for the Cabinet to carry out its responsibilities effectively and efficiently.
Ministers who are elected representatives will lose their ministerial portfolios but remain in the Legislative Assembly as elected representatives. The Constitution provides a specific mechanism by which a new Prime Minister must be elected by the Legislative Assembly within 48 hours of the dissolution of Cabinet as a result of a vote of no confidence. In the event a new Prime Minister is not be elected within 48 hours, the King will dissolve the Legislative Assembly, and a general election must be held within 90 days.
Separation of Powers
The Vote of No Confidence is perhaps the ultimate mechanism of holding the Executive to account to Parliament. By contrast impeachment is a mechanism designed to address individual wrongdoing or maladministration. As such, the consequences are more severe, in that a member or Minister will lose their position as a member of parliament if the impeachment charges are upheld by the Legislative Assembly.
It will not instigate a change of government unless it was the Prime Minister. In this way, individual Ministers could lose their seats if convicted for wrongdoing in relation to any professional misconduct in relation to the conduct of their duties as Ministers.
Ultimately impeachment is one effective mechanism to hold Cabinet Ministers accountable to Parliament. The Executive is often referred to as Cabinet or Government.
The executive head may address the legislature at any time, especially under the cabinet form of government. The sessions of the legislature open with the speech of the chief executive head. The legislature controls the executive through a vote of no-confidence. The chief executive head in all parliamentary governments has the power to summon and prorogue both the Houses of the legislature.
He may also dissolve the Lower House and order for fresh elections. Executives have more or less complete control over the legislative work of the legislature.
Legislative-Executive Relations -- Legislative-Executive Relations in General
Executives exercise powers of 'delegated legislation. The parliament makes laws in general broad terms and delegates the powers to the executive to fill in the details.
Executives control the finance, prepare the budget and present it to the Parliament. The Bills passed by the legislature are submitted to the chief executive head for final approval. A Bill cannot become an Act unless it has been consented by him. The executive is completely separated from the legislature.
The members of executive are not the members of the legislature. The executive is not accountable to the legislature. The legislature cannot remove the executive from power through no-confidence motion. The President appoints persons from outside the legislature as minister. Executive has a fixed tenure normally, the executive head President stays in power for the whole term.How to Understand the 3 Branches of Government
It is not easy to remove him from power through impeachment. As there is no accountability of the executives to the legislatures, the Presidential government is too democratic.