An Analysis On Relation Between Executive And Legislature

An Analysis On Relation Between Executive And Legislature

The relation between executive and legislature is one of the most significant issues in the administrative structure of a state. Though Montesquieu and Blackstone argued that,there should not be any relation between three organs (executive, legislature and judiciary) of government but such argument  is neither acceptable nor practicable. Because the government is an organic unity, therefore executive and legislature must work together for the sake of survival of the government.
As we all know that there are different types of government, such as parliamentary form of government, presidential form of government etc. It is noteworthy that under different form of government,the relation between executive and legislature takes different forms.So lets discussed the relation between executive and legislature under parliamentary system.

1)  Parliamentary system:

In parliamentary system the executive is selected from the political party or coalition of political party that hold a majority of seats in (one house) of the Legislature. A prime minister leads the executive and appoints other members of the cabinet. Therefore executive is a collective body in parliamentary framework.
When we discuss about the relationship between executive and legislature under parliamentary system, we see a relations of control between them that can be enumerated as follows -

a)  Legislature controls the executive:

  1. 1st, in a parliamentary system of government, legislature have the power to controls the executive through various mechanism, such as vote of no confidence, interpolation (asking questions) adjournment motion etc.
  2. The life of the executive relies on the desire or will of the Legislature. The moment a cabinet or executive loses the confidence of the majority in the legislature, it is at risk to tossed out of the office.

b) Executive control over legislature:

Just as legislature, the executive also control the legislature in many ways.

  1. The chief executive head in all parliamentary government has been given the power to summon or prorogue both house of the legislature. 
  2.  The chief executive head may dissolve the lower house and can order for fresh election.
  3. A bill passed by the legislature cannot turn into an act unless it has been assented by the chief executive head.
  4.  The chief executive may issue ordinance.
  5.  The executive head has the power to address the legislature at anytime and another important thing is that the session of the Legislature opens with the speech of  the chief executive head.
  6.  The executive exercise the power of delegate legislation. The legislature makes law in general board terms and delegates or moves the power to the executive to complete the remaining aspect of the law .In such situation the power of the executive become so enormous that it is regarded as new despotism by chief justice Haldane.
  7.  The executive also controls the legislature by preparing the budget and presenting it to the parliament. Money bill can never be introduced in the Parliament without the prior consent of the executive.

So from the above discussion it has become clear that the executive and legislative share a relation of control under parliamentary government system. Now let's discuss about their relationship under presidential system of government.

Presidential system:

In presidential system direct elections are held for the selection of the executive leader, who become the head of the state as well as of the government. In presidential system executive is a single person.

In presidential system there are strict separation of power between the executive and legislature. However even under this strict separation, legislative and executive share some relations. For example, the Senate of the USA shares its power of making appointments and treaties with the president  The US President is not only the chief executive but also the chief legislator. The executive initiate, formulate, and explain legislative and financial policy and request the parliament to acknowledge it.

Buy- Mutual relations of the executive, the legislature, and the judiciary by Cecil Stuart Emden At-

Factors that has debilitated the relationship between the executive and legislature:

 Civil service reforms:

It is contended by numerous Scholars that the Civil Service changes in numerous nations since 1980s have debilitated the  the relationship between the legislature and the executive. After these reforms, new Institutions at the intergovernmental or Supra National level, for example, World Trade Organization, G8, and European Union have made new fields, inside which the executive can work generally free from the Legislative assessment. 

Media impact: 

Media impact have likewise prompts the debilitating of Executive - legislative relation. Media makes sure that the legislature never again play role in generating public opinion. 

 Plebiscitary Democracy:

It has further debilitates their relation. From one viewpoint it has rejected the claim of Legislature to represent public opinion and on the other hand executive now can go directly to the people through a variety of technique such as  opinion polls referendum, etc.

Because of these above mentioned factors, legislature has been struggling to maintain its significance in the contemporary world. However one thing is very important that both legislature and executive is crucial for government. Therefore they should work in collaboration for government to sustain.

Thanks for reading the relation between executive and legislature.