The Handout Notes for BA-LLB student.

Tuesday, February 12, 2013

Legislature

Executive

It is one of the three branches of government as given above. State functions through the executive, the namely the government. It is the duty of the executive or enforces the laws passed by the legislature. .
The executive who exercise real power is the real executive. The executive who has nominal power is the normal executive. The President of India is the nominal executive. The union council of ministers led by the Prime Minister of India is the real executive. Parliamentary executive is chosen from the legislature and is responsible to the legislature. The executive in India is parliamentary in its character. .
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Powers and functions of executive

  • Enforcing law.
  • Maintaining peace and order.
  • Repelling aggression.
  • Building friendly relations with other states.
  • When necessary to wage war to protect the country.
  • Making appointments to higher posts.
  • Raising money and spending them.
  • Convening the sessions of the legislature and conducting business.
  • Issues ordinances whenever the legislature is to in session.
  • Implement schemes and projects to improve he social and economic conditions of the people.
  • Power to grant pardon, reprieve or remission of punishment.
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Legislature

The legislature is the law making branch. The legislature has an important role in the amendment of the constitution. The legislature is a deliberative body where matters of social, economic and political concerns are discussed, debated and decided. The British parliament is said to be “the mother of parliaments”. It is the oldest legislature in the world. According to Prof. Laski, law- making is not the only function of the legislature but its real function is to watch the process of administration to safeguard the liberties of private citizens. The legislature of the union is called the parliament in India. It consists of two chambers.
  • The House of the People or the Lok Sabah as the Lower House.
  • The Council of State or the Rajya Sabah as the Upper House
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The functions of legislature

  • Enact laws
  • Oversee administration
  • Pass the budget
  • Hear public grievances.
  • Discuss subjects like
    1. Development plans
    2. National policies
    3. International relations.

Judiciary

Judiciary is the third important organ of the government machinery. Its main function is to interrupter laws and administers justice. Lord Bryce has said that there is to better test of excellence of government than the efficiency of its judicial system. The welfare of citizens depends to a larger extent upon the judiciary. Judiciary is one of the pillars of democracy. Its interpretation ensures justice, equality and liberty to all its citizens. An independent and impartial judiciary is an essential feature of a democratic setup.
The Supreme Court of India consists of a Chief Justice and other judges. The Supreme Court has its permanent seat in Delhi. According to Justice Hughes, “we are under a constitution, but the constitution is what the judges say it is”. .
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Functions of judiciary

  • Administration of justice.
  • To determine what is law and what is the cope and meaning of it.
  • To give advisory opinion on matters referred to it.
  • To issue orders or writs for the purpose of preventing violation of rights and laws.
  • to acts as guardian of the constitution.



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