Unit 2 introduction to state and Government

Concept of State
The state is the most universal and most powerful of all social institutions. The
state is a natural institution. Aristotle said a man is a social animal, and by nature,
he is a political being. To him, to live in the state and to be a man were identical.
The modern term "state" is derived from "status." Niccolo Machiavelli (1469 –
1527) first used the time "state" in his writings. His critical work is titled
"Prince." The state is the highest form of human association. It is necessary
because it comes into existence out of the basic needs of life. It continues to
remain for the sake of good life.
beings' aims, desires, and aspirations are translated into action through the state.
Though the state is a necessary institution, no two writers agree on its definition.
'State' is an association, and it means a nation or territory considered an
organized political community under one government. A state, in another
sense, is the political organization that has supreme civil authority and
political power and serves as the basis of government. A government or
politically organized society has a particular character.
According to Wikipedia, A state is a type of polity that is an
organized political community living under a single system of government. States
may or may not be sovereign. For instance, federated states are members of
a federal union and may have only partial sovereignty but the state. Some states
are subject to external sovereignty or hegemony, in which
ultimate sovereignty lies in another state. Sovereign states are known
as sovereign states.
- According to Aristotle: "A union of families and villages having for its end a
perfect and self –sufficing life by which we mean a happy and honorable life"
- According to Woodrow Wilson: "The state is people organized for law within a
definite territory.
- According to Bluntschli: "The state is a politically organized people of a
definite territory"
- To Holland, the state is "a numerous assemblage of human beings generally
occupying a certain territory amongst whom the will of the majority of the
 class is made to prevail against any of their number who oppose
it." Burgess defines the state as "a particular portion of mankind."
-According to Sidgwick, "State is a combination or association of persons in the
form of government and governed and united together into a politically
organized people of a definite territory."
-According to Garner, "State is a community of people occupying a definite
form of territory free of external control and possessing an organized
government to which people show habitual obedience."
- Prof. Laski defines a "state as a territorial society divided into government
and subjects whose relationships are determined by the exercise of
supreme coercive power."

So, we can say that a state is an association or organized political institution or

community that has a government to govern within a definite territory.

Elements of State

There are four components of a state, and these are population, territory,
government, and sovereignty; these are described in the following:
Population
It is the people who make the state. The population is essential for the state.
Greek thinkers believed that the people should neither be too big nor too small.
According to Plato, the ideal number would be 5040. According to Aristotle, the
number should be neither too large nor too small. It should be large enough to be
self–sufficient and small enough to be well-governed.
Rousseau determined 10,000 to be an ideal number for a state. Greek thinkers
like Plato and Aristotle's thinking on the number was based on the small city-
states like Athens and Sparta. Modern conditions vary in population. India has a
population of 102,70,15,247 people, according to the 2001 census.

Territory
There can be no state without a fixed territory. People need territory to live and
organize themselves socially and politically. It may be remembered that the
territory of the state includes land, water, and air–space. The modern states differ
in their sizes. The territory is necessary for citizenship. As in the case of
population, no actual size concerning the extent of the area of the state can be
fixed. There are small and big states.
In the words of Prof. Elliott, "territorial sovereignty or the Superiority of the state
overall within its boundaries and complete freedom from external control has
been a fundamental principle of the modern state life."

Government
Government is the third element of the state. There can be no state without
government. Government is the working agency of the state. It is the political
organization of the state. Prof. Appadorai defined government as the
agency through which the will of the state is formulated, expressed, and realized.
According to C.F. Strong, the state must have supreme authority to make and
enforce laws. This is called the government.

Sovereignty
The fourth essential element of the state is sovereignty. The word 'sovereignty"
means supreme and final legal authority above and beyond which no legal power
exists. The concept of "sovereignty" was developed in conjunction with the rise of
the modern state. The term Sovereignty is derived from the Latin word
'superanus,' which means supreme. The father of the modern theory of
sovereignty was Jean Bodin (1530 – 1597), a French political thinker.
Sovereignty has two aspects: Internal sovereignty means that the state is
supreme over all its citizens and associations. External sovereignty implies that
the state is independent and free from foreign or outside control.
According to Harold J. Laski, "The state is distinguished from all other forms of
human association by possession of sovereignty.
Functions of State
The activities undertaken by the modern state are complex and varied. This is
because there is a strong demand by the people for active state intervention in the
social and economic affairs of the country. The statesmen of today do not place any
limitation on the powers of the government to interfere in the social and economic
spheres. The only governing principle is whether state action promotes the general
welfare. In every country of the world, the 'laissez-faire' policy has been discarded,
and there is a strong swing toward adopting Socialism. Frase is right when he says,
"Socialism or Collectivism is upon us, horse, foot and gun."

The main functions that the modern state now performs are as follows:

(i) and Provision of defense security? The state's primary function is to

protect the country from external invasion and maintain peace and
security. People must live in perfect harmony for the smooth and
progressive working of the economic machinery. They should not be in
(ii) fear external aggression. of Every member of society should have complete
protection from the injustice or oppression of every other member. The
stale expenditure providing security and justice is productive because it
indirectly helps carry out the activities labeled as effective.

(ii) Economic Function: The modern slate actively intervenes in economic spheres.
Though it recognizes the individual rights in private property, it allows freedom of
enterprise and contract. When it finds that its laws are being violated, it immediately
regulates economic affairs. If the state considers that private capital is not
forthcoming in specific industries, it assists private enterprises in establishing and
running the drives. Sometimes, the government itself takes the initiative and sets up
ambitions. Modern economists justify state interference in the following cases:
(a) Where business is of Monopolistic Nature: There are certain businesses like
railways, post, telegraph, canal, electricity, water supply, etc., which are extremely
useful for the people. If they are given into private hands, the consumers can be
easily exploited. So the government, in the interest of the people, takes control of
these businesses and runs them almost on a non-profit basis.
(b) Where Private Capital is not Attracted: If the private capital is shy in a particular
industry or industry because of the inadequate return or no return, the state must
step in and provide the requisite means. The cases where private capital is not
attracted are public health, libraries, museums afforestation, road construction
schemes, parks, etc.
(c) Protection of economically weak persons: Factory workers are often exploited by
their employees in a competitive society. The state, therefore, must take appropriate
steps for protecting the legitimate rights of a class having feeble bargaining powers.
(d) Exploitation by Forming Monopolistic combination: Sometimes, businessmen
form cartels and trust and exploit the consumers by charging very high prices. The
state, in such cases, must intervene and prohibit the formation of such a
combination.
(e) Protection of Consumers: The State must protect its citizens against adulteration
of food, sale of intoxicants, etc.
(f) Supply of Currency: The State must take complete control of the supply of
currency in the country. This will help the government secure the stability of prices
and appropriate steps to reduce income inequality. For this purpose, it adopts a
progressive taxation system, levies death duties on the inherited party, and provides
social services to the poor section of the community.
(g) State and Economic Planning: The State, to speed up economic development in a
balanced manner, formulates programs and policies to harness the human efforts
and-physical resources to the maximum possible extent. It fixes targets and priorities
and then completes them within the specified period.

(iii) Direct Social Activities: Every modern State takes a keen interest in providing
social services to its citizens. The government gives funds to the needy, sick, and
unemployed persons, giving them free education and medical and old-age pensions.
It takes care of public health and provides them housing facilities. It opens parks
libraries for the benefit of the people.

In short, the state's intervention in economic affairs takes the form of:
(a) Provision of facilities to the businessmen for carrying on their businesses.
b) Direct business encouragement by providing protection from foreign competition,
granting bounties, subsidies, relief, taxation, etc.

(c) Regulating economic enterprise on a proper footing.

(d) Taking actual control and ownership of specific vital industries.

In the last decade of the 20th century and in the 21st century, the state's role has
been considerably reduced. Instead of performing the producer, controller, and
regulator role, it will act as protector, promoter, and provider.
Major 8 Functions of a State
(i) Defense: The Government's primary function is to safeguard the populace
against external aggression and internal disorder. The government's primary
responsibility is to maintain sufficient police and military forces and provide
protective services.
(ii) Judiciary: The government is concerned with administering justice and
resolving disputes. It should establish an adequate judicial structure capable of
administering justice to citizens of all classes.
(iii) Enterprises: The modern state is responsible for regulating and controlling
private enterprises. The government is responsible for owning and successfully
operating certain enterprises.
(iv) Social Welfare: It is the state's responsibility to provide for the education,
social security, social insurance, health, and sanitation of the country's citizens.
(v) Infrastructure: Modern states must lay the groundwork for the country's
economic development by establishing social and economic infrastructure.
(vi) Macroeconomic policy: The government is responsible for fiscal and
monetary policy to achieve macroeconomic objectives.
(vii) Social Justice: As an economy grows, specific segments of society benefit at
the expense of others. The government must intervene with fiscal measures to
rebalance income distribution.
(viii) Monopoly Control: Another evil that the government must address is the
concentration of economic power. Thus, the state intervenes to prevent
economic power concentration through monopoly control and restrictive trade
practices
Introduction to Government
government is a system of order for a nation, state, or another political unit. A
government is responsible for creating and enforcing the rules of a society,
defense, foreign affairs, the economy, and public services. While the
responsibilities of all governments are similar, those duties are executed in
different ways depending on the form of government. Some of the different types
of government include a direct democracy, a representative democracy,
socialism, communism, a monarchy, an oligarchy, and an autocracy.
Government has always been a very essential term Then and In The World today.
Basically, no State, Kindred, Nation, Country, Town, City e.t.c can validly exist
without Government, whether defined or undefined. (This means that whether
The Government is stated down according to The Laid Down Procedures or not.

WHAT IS GOVERNMENT ?

However, The term Government was gotten from the Greek Word
‘GUBERNACULUM’ and the Latin Word ‘GUBERNARE‘ which deals with An Agency
of The State through which the Will of The State is formulated, expressed and
eventually realized.

A Government is the system to govern a state or community.

A Government is the system or group of people governing an organized

community, often a

State. Government is a means by which organizational policies are enforced, as

well as a mechanism for determining policy.

Government is a political system by which a country or community is

administered and regulated.

Government has been defined according to APPADORAI (1975) in three different

ways.
  GOVERNMENT AS AN INSTITUTION OF THE STATE
 GOVERNMENT AS AN ART OR A PROCESS OF GOVERNING
 GOVERNMENT AS AN ACADEMIC FIELD OF STUDY.

1. GOVERNMENT AS AN INSTITUTION OF THE STATE:

This is one of the three basic definitions of Government. Government as an

Institution of the State views Government as a Machinery established by the State
to organise the State, manage its affairs and administer its functions and duties. It
is also seen as a machinery through which the will of the state is formulated,
expressed and realised.

Government as an Institution of The State is a System and Structure for decision

making because it is the Machinery of a State for the satisfaction of all citizens
and making decisions to favour the interest of The People in a Political Society.
Every State has a set of rules otherwise referred to as Law , which are meant to
regulate the conduct of its Citizens, if it is to function effectively. Once there are
rules among members of a particular State, Organisation or Community, there
should be an agency to enforce these laws.

The body or machinery that makes and enforces these laws in any given State is
the Government. And the Power of Government can be divided into three
divisions or Organs, usually referred to as the three Organs of
Government.The LEGISLATURE, EXECUTIVE and The JUDICIARY.

Legislature is the Law making body in a Governmental System. While the

Executive is the body that enforces or executes the Law and the Judiciary is the
body that that interprets

The Law.Basically, Government is a group of people that make, interpret and

enforce.The Law in a given state. Another definition of Government is that it is a
body of persons and institution(s) that make and enforce the Laws of a particular
State. The body of persons are either elected or appointed among the Citizens of
a State to perform the functions of Government on their behalf.

The word ‘’institution’’ refer to a series of accepted and regular procedures for
the performance
of Governmental Functions. According to Thomas Hobbes, A State without a
Government is a place where Life will be Solitary, Nasty, Brutish, Ugly, Poor and
Short. A State without Government will be Lawless, Anarchical and Disorderly. In
sum, this sees Government in The Light of ensuring Order and Betterment in a
State.

2. GOVERNMENT AS AN ART OR A PROCESS OF GOVERNING:

This is another descriptive term that defines Government. This is sees

Government in terms of Rulership i.e how it directs a State. It is an agency
that controls the state to avoid disorder.

The three organs put together are referred to as Government and they specialise
in various fields that ensure that the State is well administered or governed. Some
Men like Jean Jacquis Rousseau, John Locke, Aristotle, Marx Weber and Plato
worked tirelessly in their various ideas to develop this subject called Government.

Functions of The Government in the State: One of it is to provide Security,

Employment, Maintenance of Law and Order, Provision of Infrastructure,
Protection of Lives and Properties, and Administration of Justice e.t.c. The
process of maintaining security and enforcing conventional and fundamental laws
in a given state or society is therefore Government as a process or art of
governing. It is the body empowered to maintain security and implement the
rules of the State. This also refers to the methods and processes involved in
formulation and implementation of Public Policies.

3. GOVERNMENT AS AN ACADEMIC FIELD OF STUDY: Firstly, an Academic

discipline or field of study is a branch of knowledge, taught and researched
as part of higher education. A scholar’s discipline is commonly defined by
the university faculties and learned societies to which they belong and the
academic journals in which they publish research. This is the last
description of Government. This sees Government as a Discipline or Course
being studied or undergone.
Government as an academic field of study refers to the study of political
institutions, processes and theories taught in schools, colleges and higher
institution of learning. It is called Political Science in the Higher Institution, Social
Studies in The Primary School, Civic Science and Government in the Secondary
School and on some occasions History.

The Scope of this definition is that Government allows students to understand

their role in the Country as citizens and to understand the ways in which The
Government operates.

ATTRIBUTES OF GOVERNMENT.

These are certain Elements or Characteristics that enforce the Existence of a Good
Government.

1. CONSTITUTION:This is a major characteristic of Government. The Government make a

set of agreed rules which guides it in the administration of the state. These are certain
Laws or Rules that guide the existence of Government.
2. PERIODIC CHANGE: A Government is meant to change after a specific period of time. No
Government is permanent, particularly a democratic or elective Government which
changes through periodic election.
3. LEGITIMACY: This is the acceptance and recognition by The People of those in Power i.e
of The Government. A Government must enjoy the support of the people. government
must enjoy the support of the people.
4. REVENUE: This refers to certain ways or avenues with which The Government makes
money. Oftentimes, it’s via Taxes, Fines, Levies e.t.c. These things are ways by which The
Government generates Income. The Government makes revenue in different ways to
enhance its Administration.
5. POLITICAL POWER: The Government must possess Political Power which is a tool of
rooting orderliness in a State. This refers to certain techniques or strategies that The
Government adopts that solidifies The Reign of that Government. It deals with steps to
be taken in the control of The Governed.
6. PUBLIC INSTITUTIONS: An Institution is a social structure in which people cooperate and
which influences the behavior of people and the way they live. An institution has a
purpose. Institutions are permanent, which means that they do not end when one
person is gone. An institution has rules and can enforce rules of human behavior. The
Institutions comprising The Government of a Political Society differ from the other
Institutions within The Society. Public Institutions are backed by Public Funds and
controlled by The State.
7. UNIVERSALITY OF GOVERNMENT’S REACH: The jurisdiction of The Government must
reach or extend to everyone within The State.
8. FUNCTIONS OF GOVERNMENT
These are The Advantages, Provisions or Importance of Government particularly in a State
Setting.

The Government of a State owes allegiance to the State itself and its citizens as well. If a
Government fails to do its functions in a State, the citizens can request for the replacement of
such Government in as much Democracy is in practice. Below are the duties or functions of
Government in a State.

1. Law Making
2. Military Defence of the Country
3. Provision of Employment
4. Maintenance of Law and Order
5. Promotion of Economic Growth and Development
6. Maintaining Good Relations with other Sovereign States or Countries (foreign
diplomacy)
7. Protection of Civil Liberties
8. Protection of Lives and Properties
9. Administration of Justice
10. Formulation and Implementation of Policies
11. Provision of Social-welfare services.

ORGANS OF GOVERNMENT :EXECUTIVE, LEGISLATURE

AND JUDICIARY
EXECUTIVE
NTRODUCTION

Legislature, executive and judiciary are the three organs of government. Together,

they perform the functions of the government, maintain law and order and look

after the welfare of the people. The Constitution ensures that they work in

coordination with each other and maintain a balance among themselves. In a

parliamentary system, executive and the legislature are interdependent: the

legislature controls the executive, and, in turn, is controlled by the executive.

In this chapter we shall discuss the composition, structure and function of the
 executive organ of the government. This chapter will also tell you about the

changes that have occurred in recent times due to political practice. After reading

this chapter, you will be able to

- make a distinction between the parliamentary and the presidential executive;

- understand the constitutional position of the President of India;
- know the composition and functioning of the Council of Ministers and the

importance of the Prime Minister; and

- understand the importance and functioning of the administrative machinery.

Functions And Powers Of Executive

The Executive is the government's 2nd but most powerful organ. The organ puts the legislature's laws
and the government's policies into action. We will further discuss the functions of the executive.

 Types of Executive
 The Parliamentary Executive consists of the following
 The Functions of Executive
The broad and restricted definitions of the term “executive” have been provided. It means all officials,
political authority holders (Political Executive), and permanent civil servants who carry out laws and
policies and manage the state administration in its broadest sense. Only the executive heads (ministers,
i.e., the political Executive) who head government ministries, establish policies, and monitor the
implementation of the Government’s laws and policies are referred to as “executive heads.”. However,
in current times, the Functions of the executive, encompass both the political and civil services. We will
further discuss the Types of executives.

Types of Executive

1. Nominal/Titular and Actual Executives

In a parliamentary system of government, the distinction between nominal/titular and real executives is
only made. The nominal executive is the President or Monarch, while the real executive is the Council of
Ministers, which is led by the Prime Minister. All of the powers belong to the nominal executive, but
they are exercised by the real executive, in fact. Because its actions are carried out in its name, the
nominal executive is not responsible for them by the true executive’s name. The functions of the
executive are accountable for all of the organization’s actions.

2. Single and Plural Executives

A single executive has all of the executive authorities in the hands of a single functionary/leader. India,
the United Kingdom, the United States, Australia, France, and several other countries. There are single
executives in some states. All executive powers in India are held by the Prime Minister, India’s President.
 Similarly, the executive powers in the US Constitution are limited by the United States of America’s
President.

3. Parliamentary and Presidential Executives

The parliamentary and presidential executives are distinguished by the relationship between the legislative powers
of parliament and the executive.

The Parliamentary Executive consists of the following

A close working relationship between the legislature and the executive, as well as members of the
public. Members of the executive are also legislators.

Individually and collectively, the members of the political executive are accountable in front of the
legislature.

The Functions of Executive

 Enforcement of Laws

The executive’s principal responsibility is to enforce laws and maintain peace and order in the state. When a law is
broken, the executive must close the loophole and prosecute the perpetrators.

Each Parliament passed the 24th Amendment in 1971 to abrogate the Supreme Court judgment. It amended the
Constitution to provide expressly that Parliament has the power to amend any part of the Constitution including
the provisions relating to Fundamental Rights. The government department is in charge of enforcing the laws and
policies that apply to its activity. The executive organizes and maintains the police force to maintain law and order
in the state.

 Appointment-making Functions

The chief executive makes all significant appointments. The President of India, for example, appoints the
Chief Justice and other Supreme Court and High Court judges. Ambassadors, India’s Advocate General,
members of the Union Public Service Commission, state governors, etc.

 Treaty Making Functions

The executive should decide which treaties should be struck with which other countries. The executive
negotiates treaties in conformity with international law and the provisions of the state constitution.

 Defence, War And Peace Functions

One of the most important functions of the state is to maintain and preserve the country’s unity and
integrity, as well as to safeguard it against external attack or war. It is the executive’s job to carry out
this task. The executive’s functions include organizing the military for the state’s defence, preparing for
and fighting a war if it becomes necessary, and negotiating and signing peace treaties after each battle.
 Foreign Policy Making and The Conduct Of Foreign Relations

In this age of ever-increasing global interdependence, formulating the state’s foreign policy and
managing foreign relations has become one of the most crucial duties of a government. The
executive also performs this duty.

 Policy-Making

The modern welfare state must perform a wide range of responsibilities to ensure the socio-economic
and cultural growth of its citizens. It must develop policies, devise short- and long-term plans, and
implement them. All of the state’s actions are directed by specific policies and programs .

Conclusion

The main function of the executive is the branch of Government responsible for the implementation of
laws and policies adopted by the legislature, involved in the framing of policy. In this article, we
discussed what is an executive? Powers and functions of the executive, main function, and types of the
executive. As Garner said, “In a broad and collective sense, the executive organ embraces the aggregate
or totality of all the functionaries and agencies which are concerned with the execution of the will of the
state as that will have been formulated and expressed in terms of the law.” Although all three forms of
Government enjoy their functions and power, there is a check and balance system.

LEGISLATURE
The legislature is one of the most important organs of the government. It is the highest
elected body which may comprise of directly and indirectly elected representatives of the
people. It is formed essentially to formulate laws for the smooth and effective functioning
of the state. A country functions as per the laws made by the legislature within the spirit of
the Constitution. Legislature appeared as one of the important organs of the state since
the eighteen century with the advent of democracy. It is generally called Parliament or the
House of Representatives. However, different countries have given it different names. It is
called ‘Parliament’ in the United Kingdom(UK), India, Sri Lanka and Nepal; ‘Congress’ in the
United States of America; National Assembly in France; ‘Diet’ in Japan, ‘National People’s
Congress in China’; ‘Majilise Suda’ in Pakistan and on.

Federal Legislature
The federal legislature of Nepal is called federal parliament. Parliament having a single

house is called unicameral Parliament and having two houses is called bicameral

Parliament. According to Interim Constitution of Nepal 2063 BS, Parliament of Nepal has a
 single house which is called ‘Pratinidhi Saba’. According to the Constitution of Nepal 2072

BS, the legislature of Nepal is going to have two houses:

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 House of Representatives
 National Assembly
The legislature of different countries has different names. There is bicameral legislature in

US congress: the upper house is called Senate and lower House is called House of

Representatives. In British Parliaments: Upper House is called the House of Lords and the

lower House the House of Representatives.

Download New Constitution of Nepal 2015

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The Constituent Assembly

The historic election to the Constituent Assembly-I which is also called Legislative

Parliament took place on 28 Chaitra 2064 BS. It had 601 members: 240 directly elected

(First Past the Post – FPTP), 335 proportionately elected {Proportionate Representation –

PR) and 26 nominated by the Council of Ministers. There were twenty-five political parties

and two independent members in this legislature. Communist Party of Nepal (Maoist) was

the largest party with 227 members.

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It was given two years time to draft the new constitution but the term was extended time

and often because it was failed to draft constitution in defined time France work. It got

dissolved on 14th Jestha 2069 Bs.

The Constituent Assembly – II got elected on 4th Mangsir 2070 Bs. In this election, 122

political parties participated. No political parties got a majority. Nepali Congress became the

largest party followed by CPN -UML, UCPN (Maoist) and Rashtriya Prajatantra Party Nepal.

There was representation of 30 political parties in this elected body.

Constitution of Nepal 2072

Constitution of Nepal 2072 Bs, has prolumugated on 3rd Ashwin 2072 BS by constitution

assembly. It is the first constitution of Nepal where people’s representatives played the vital

role to draft Constitution of Nepal 2072BS, has addressed Nepal’s independence,

sovereignty geographical integrity national unity, freedom, etc. It consists of 35 parts 308

articles and 9 schedules. It has attempted to institutionalize various changes which have

occurred in our country.

House of Representatives
According to the Constitution of Nepal 2072 BS, House of Representatives may consist of

275 members. 165 members are elected through the first part the post system consisting

one member from 165 electoral constituencies. Nepal shall consist 165 election

constituencies based on geography and population. 110 members may represent through
 the proportional system. Except when dissolved earlier, the term of House of

Representatives shall be five years.

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National Assembly
Constitution of Nepal 2072 BS has stated that National Assembly is the permanent house. It

shall consist of 59 members where 56 members elected from electoral college comprising

members of:

 Provincial Assembly
 Chair Persons and vice chairpersons of village councils
 Mayors and Deputy Mayors of municipal councils
There consist eight members from each province including at least three women, one Dalit

and one person with disability or minority. Three members, including a ‘ one woman, to be
+

nominated by the president on the recommendation of Government Nepal. The tenure of

National Assembly consists of six years from the first meeting of National Assembly.
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Qualification to be a candidate for House of Representatives / National Assembly

 Should be a citizen of Nepal

 Minimum 25 years of age for the House of Representatives and 35 years of age for National Assembly.
 No person shall be a member of both houses at the same time.
 Not have been punished on any criminal or immoral charges
 Not holding government or any other office of profit.
 Not disqualified by any law of Nation.

Powers & Functions of Legislature

 The main function of the legislature in all countries is primarily to make laws. It has

other powers and functions as well. The specific powers and functions of the

legislature vary country to country. These powers and functions are provided in the

Constitution of the respective country. The important powers and functions are as

under:

 (a) Legislative Powers and Functions:

 The primary function of the legislature is to make laws. Being the highest body of

people’s representatives, it is entrusted with this important function of making laws.

It formulates laws keeping in mind the needs of time and people’s aspiration. The

members of the legislature engage in the discussion and formulation of laws. There

are different committees and sub-committees in the legislature where different

proposals are tabled and discussed and finally proposals as bills are put forth for

enactment in the legislature. Once these bills are endorsed or passed by the majority

in the legislature and approved by the President they become laws of the country.

This is why a legislature is also called a Law Factory, where raw materials of public

opinions are discussed and converted into laws.

 b. Financial Powers and Functions:

 One of the other important powers and functions of the legislature is the control

over the treasury of the country. It approves the annual budget of the country.

Practically the executive prepares the country’s annual budget, but it must be

passed by the legislature for its execution. The government can only spend as

allocated by the legislature. All democratic countries follow the principle of: “No
 taxation without the consent of the people’s representatives”. The government has

no power to raise and spend a single paisa without the approval of the legislature. It

is, therefore, the legislature is called the custodian of the national coffer.

 c. Administrative Powers and Functions:

 It is another important power and function of the legislature. In all democratic

countries, the legislature has complete control over the executive. In the countries

having a parliamentary system, the legislature forms and controls the government

The leader of the majority in the legislature forms the government as a Prime

Minister and it remains in power only as long as it receives the support of the

legislature. The head of the executive (Prime Minister) and the cabinet ministers are

accountable to the legislature. The members of the legislature control the executive

by asking questions, drawing attention, putting forth proposals, making critics etc. It

can also table no-confidence motions against the executive.

 d. Functions:
 The legislature also exercises certain judicial powers and functions. According to the

Constitution of Nepal 2072 BS, the Chief Justice and other Supreme Court judges are

appointed on the recommendation of the legislature. The legislature parliament

carries out hearing of each Supreme Court judge candidate before making a

recommendation. It can also table impeachment motion against any Supreme Court

judges in case of incompetence or misconduct. In the United Kingdom, the Upper

House or the House of Lords is the final court of appeal and in the USA, the Upper
 House or the Senate is the court of impeachment for the trial of the President and

Vice-president

 e. Constitution Amendment Powers and Functions:

 The legislative also has the powers to amend the Constitution. Most democratic

countries have this provision in their constitutions. Constitution of Nepal 2072 BS

has provided powers to the legislative parliament of amending the Constitution by

 Advertisement

 The legislative also has the powers to amend the Constitution. Most democratic

countries have this provision in their constitutions. Constitution of Nepal 2072 BS

has provided powers to the legislative parliament of amending the constitution by a

two-third majority.

JUDICIARY

Functions And Powers- Judicial

Judiciary is the third major organ of the government. This article gives an overview of the
functions of the Judiciary, powers of the Judiciary, and types of Judiciary.

 Functions of Judiciary
 Powers of Judiciary
 Types of Judiciary
India is a democratic country. For the well functioning of our country, we need some bodies which can
govern it. Power is divided into three major bodies. They are executive, legislative, and Judiciary. This
article will focus on the third body, i.e., Judiciary. The functions of the Judiciary are to interpret laws and
settle disputes. It is also called the watchdog of democracy. As the guardian of the constitution, it takes
care of justice. There are three types of Judiciary in India, namely Supreme Courts, High Courts, and
District Courts. In this article, we will also discuss the powers of the Judiciary in detail.

Functions of Judiciary
The main function of the Judiciary is to interpret laws and settle disputes between peoples. It works as
the protector of the constitution. Some other functions are listed below:

 It takes care of the fundamental rights of the people and protects them
 According to the law, it helps in resolving disputes

 It helps in carrying out the major political decisions

 It ensures that the Constitution is Supreme, and the Judiciary should take all the decisions according to it

 It plays a prominent role in law-making

 As a watchdog of democracy, it takes care of the proper functioning of the system and government

 It is responsible for safeguarding the rights of the people

 It also provides advice to the executive and legislative bodies

 Whenever there is a dispute between the state and the central, the Judiciary resolves it

Powers of Judiciary
The Indian Judiciary has the power to review the existing judgments. This power of the Judiciary is
referred to as the judicial powers. The Judiciary is independent to exercise its power without fear of
anyone. The judges appointed in the courts must be highly qualified and experienced. The judicial
powers are discussed below in detail.

 Original Jurisdiction: When the case’s first hearing is done, it is referred to as having original jurisdiction

 Appellate Jurisdiction: When the first or the original decision is questioned in the court, it is known as
appellate jurisdiction

 Redress: When the court deals with the damages, it is referred to as redress

 Diversity Jurisdiction: The federal courts can hear cases that involve people from different states. This
type of jurisdiction is known as Diversity Jurisdiction

 Subject Jurisdiction: When the federal courts have jurisdiction over those cases which involve federal
law, then the jurisdiction is the subject

Types of Judiciary
There are three types of Judiciary in India, namely Supreme Courts, High Courts, and District Courts. Let
us discuss them one by one in detail.

1. Supreme Court: Supreme Courts are the top most courts. It was established on 28th January 1950. It is
known to be the highest court. The decisions taken by it are final until the president modifies them. If
the punishment of the crime is an offence against union law, granted by the military or court, or the
punishment of death, the President of India has the power to grant pardon. In the Supreme Court, there
 is one chief justice and a group of thirty-three judges. Every other court exercises the decisions taken by
the Supreme court. The President of India appoints the Chief Justice.
2. High Court: After the Supreme Court, the most powerful courts are high courts. They are at the state
level and are mainly for resolving state disputes. They also look into the matter of company law-related
cases. In total, there are twenty-five high courts in India. They also look after the criminal matters if the
dispute is not resolved at lower-level courts. The judges of High court get appointed by the President of
India.
3. District Courts: The courts at the district level are referred to as district courts. There are two types of
district courts, namely, Civil courts and criminal courts. The disputes related to properties or divorces
are resolved in civil courts. The disputes among families are resolved in family courts. The criminal court
deals with matters related to crime.

Conclusion
Hence, it is concluded that as the guardian of the constitution, the Judiciary takes care of justice. There
are three types of Judiciary in India. They are Supreme Courts, High Courts, and District Courts. The
Judiciary ensures that the Constitution is Supreme, and the Judiciary should take all the decisions
following it. In this article, we discussed the functions of the Judiciary. We also discussed the powers of
the Judiciary and different types of judicial powers. After reading this article, I hope all the concepts
related to Judiciary will be clear.