Relation between Legislature, Executive and Judiciary

  • Government is the institution through which society makes and enforces its public policies.It is the agency through which the state exerts its will and works to accomplish its goals. Legislature, executive and judiciary are the three organs of the government.The three functions are kept separate for preventing any possible misuse of power. Particularly, the judiciary is always kept separate from and independent of the legislature and the executive.However, this does not imply that judiciary should have no relation with the legislature and executive.Government is a composite whole which can work efficiently only if the three organs work in close coordination with each other.
  • In parliamentary form of government the members of the executive are also the members of the legislature and they play a dual role of legislators in the legislature and as a heads of government departments i.e. as ministers. Continuous and active legislative control over the executive is done through putting of questions to the executive, moving of motions against the executive, call attention motion, cut motion and censure motion. Legislature and executive each can cause the dissolution of the other.
  • In presidential model the legislature and executive have distinct and separate entities. The principle of separation of powers governs their relationship. The executive is not directly responsible to legislature. It remains independent of legislative interferences. It is not directly answerable to the legislature.In this model both the organs have definite and fixed terms. Neither the legislature can remove the executive in easy way nor can the executive dissolve the legislature.
  • Executive has an important role to play in the organisation and working of the judiciary. The judicial appointments by the executive are considered to be the best available method at present. At times, the executive, together with legislature plays an important role in the removal of the judges through impeachment. However, it is the judiciary, which has the supreme function to try and judge whether the person is really guilty of the charges levelled against him or not. It is the responsibility of the executive to execute the award of punishment to the criminal for the efficient enforcement of judicial decision. In all the democracies across the world, the executive is subject to the jurisdiction of the courts.
  • Judiciary is closely related to the legislature because the laws made by the legislature are in practice interpreted and applied by the courts. The judiciary has the power to determine the validity of laws in all the democratic countries through its power of judicial review.

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