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M.HAMMAD SHAUKAT
350-BH-ENG-13
ASSIGNMENT:
THE EXECUTIVE
SEMESTER-2
SUBMITTED TO:
MISS. KANZA SHARIF

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CONTENTS:
1. Executive..2
2. Executive and administrative distinguished..2
3. Importance of the executive..3
4. It essential attributes..4
5. Function and powers of the executive...4
6. Executive powers on the increase..7
7. Types of the executive8
8. Conclusion13
9. End notes..14
10. Bibliography......15

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Executive
Its meaning:
The executive is the second main branch of the government. In the broad sense the
executive includes all officials of the state from the president down to policeman,
who execute or enforce law.
In the narrow sense, it denotes the
head of the executive departments
who determine the policy of the
government, i.e. the president or the
king and the ministers of the cabinet.
It is in this sense that the term is used
in political science.
Thus the executive in the GREAT BRITIAN means the queen and the
cabinet of ministers headed by the prime minister and in U.S.A, the president and
the secretaries. In PAKISTAN, the president and the central ministers and
provincial governors and ministries.

EXECUTIVE AND ADMINISTRATIVE DISTINGUISHED:
Although closely linked, the two are distinct in the nature of their work, tenure of
office and the functions

The basic difference is regarding the policy and law. The executive
performs political functions of making laws, while the administrators
perform administrative functions of enforcing it. The executive lays down
the policy of government, the permanent public service carry it out in the
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day to day administration of the country. In simple the executive sees that
laws are properly enforced, but their actual enforcement in the daily
administration is the primary duty of police administration.

Another distinction is that the executive consists mostly of the
representatives, elected for a certain period of time to their offices, by the
people while the public servants are permanent officials, appointed to their
posts under civil service rules of recruitment, promotions and retirement.

The executive is responsible to the legislature, or the people, but the
administrative officials are responsible to the heads of the departments.

Executive heads are minister that are politicians the administrative officers
do not participate in politics.

In spite of these differences however the importance and influence of the
administration have increased in modern state. Hence it is now sometimes
called the fourth branch of the government.



Importance of the Executive

The essence of government is an executive. The legislature and judiciary are
merely the instruments of constitutional zing.

Before the rise of modern constitutional state, the executive was the most
important organ of the state.

The legislature was non existent, while the judges were the servants of the
king. That is why the French king LOUIS XIV declared that;
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I am the state
It is also accountable to the legislature for the policy it lays down and the
acts it perform.

Even in the socialist states the power of the executive has increased
tremendously.

It Essential Attributes:
The executive must have the qualities of leadership.

It should have energy, unity of will, promptitude in action, finality of
decision and secrecy.

The proper function of the executive is not deliberation but prompt action
and execution of the laws made by the legislature, which require both
secrecy and speed.

It consists of one or few persons and not of many as does the legislature.

Executive should have ample discretionary power but not arbitrary powers.

More over the term of the office of the executive heads should be fairly long
so that they may properly carry out their policy and judge its results.

The ingredients which constitute energy in the executive are firstly, unity;
secondly, duration: thirdly, an adequate provision for its support, fourthly,
competent power.

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FUNCTION AND POWERS OF THE EXECUTIVE:

The power and function of the executive are not the same in all states and at all
times. They are greater in the cabinet government than in the presidential one,
greater in the totalitarian states then in liberal ones, greater in the modern welfare
state than in old laissez-fair state. They may however briefly describe them as
follows:
Internal Administration:
The essential function of the government is to maintain law and order. It is
therefore the primary function of the executive. It has to direct and supervise the
execution or enforcement of the laws and administration of the country. Several
administrative departments are established under it such as the police, the prison
and the courts. The power of direction means the power to see that the law and
policy laid down by the ministers are properly carried out by the permanent
officials according to their directions, order and instructions.
Military Functions:
The executive has also the duty of defending the state against foreign aggression or
internal revolt. This function is performed by the defense. It declares wars, makes
peace, declares a state of emergency or martial law or a stage of siege. In the
parliamentary government, the military functions are performed with the
confidence of the legislature. In the presidential government the president must
seek the concurrence of the congress for declaring war. In simple words the
executive becomes the most important organ of the state during war time.
Diplomatic Functions:
Every state is sovereign and independent but it must have relations of various kinds
with other states. These are diplomatic or foreign relations. In some states e.g
U.S.A. The treaty making power of the executive is subject to the approval and
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ratification of one or both houses of the legislature. Nevertheless the executive
enjoys wide discretionary power in the conduct of foreign policy and relations.
Legislative Functions:
Normally, law making is the concern of legislature. But in all modern states the
executive also participates in it depending on the form and structure of the state.
The share of executive in legislation is greater in the cabinet form of
government as lesser in the presidential form government. The executive
directly and actively participates in law making. No bill, passed by legislature
can become a law till it has an assent by the chief executive that is king or
president. The power of the executive to reject such a bill is called a VETO. In
the presidential form of government in spite of separation of the legislative and
executive power the latter has some legislative duty. The president has the right
to send massage to congress, inform it about a state of nation recommend new
legislation and financial proposals or budget and call special sessions of the
legislature. He also the power to VETO the bills passed by the congress which
can however override it by an enhance majority vote. The constitution of
Pakistan has conferred the ordinance making power on the president and in the
provinces on the governors.
Financial Functions:
Every government collects and spends large sums of money. This task is
performed by the finance department, headed by the finance minister. This
department prepares the budget i.e the annual statement of the income and
expenditure of the government. It also audits the expenses and revenues of all
other departments of the government.
Judicial Power:
The chief executive or the head of state has also the right of pardon or
clemency, either before or after trial and conviction. The power of pardon is
required for various considerations, such as to correct possible judicial errors in
the administration of justice, or for the sake of humanity of sound public policy
etc.
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Administrative Justice:
In modern times, the ministers and administrators also act as judges. They hear
cases and settle disputes, but within their ministerial jurisdiction.
Some Other Functions:
Every government today performs for more functions and exercises greater
number of powers then those enumerated above. It regulates trade, commerce,
industry, agriculture, education, public health, transport etc.


EXECUTIVE POWERS ON THE INCREASE
Powers of the executive are increasing rapidly in modern times. Why it is so?
Need for Leadership:
In 19
th
century parliaments or legislature were able to provide leadership. But
they have now failed to do so. The executive alone is able to provide leadership
because the executive leaders whether prime ministers, president, of dictators
show experience, skills and expert knowledge to tackle the problems.
Change in Attitude:
With the rise of popular government the former suspicion of the executive
power has vanished.
Decline of Legislation:
Legislatures are over burdened with work and cannot perform all their duties
which they have to delegate to the executive.
Quantitative Increase in Government Functions:
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As the legislature cannot perform them adequately because it lacks time and
expert knowledge they are necessarily performed by the executive matter as
industry, communication, health, education, agriculture, commerce and trade,
sanitation and other life necessaries.
The Elected executive:
In the elected executive unlike monarchies of the old age, executive like the
king or emperors are elected now.
Public Opinion:
The agencies of public opinion like T.V, radio, press are the under the control
of the executive.
Modern wars:
Sophisticated war fare after world war one executive always preparing for
regional and global wars.

TYPES OF THE EXECUTIVE
Before the rise of the modern democracy, the executive power was held by
hereditary monarchs. There was then only one kind of executive, the
HEREDITARY executive .They may be classified on the various principles as
thus:
1- Nominal and real executives.
2- Single and plural executives.
3- Hereditary, elective and nominated executives.
4- Parliamentary and presidential executives.
5- Dictatorships.

Nominal and Real Executives:
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Much confusion will be avoided in understanding the organization of the
executive if the distinction between the nominal or the titular and the real and
the executive is carefully kept in mind. In the parliamentary state the king or
the president is the chief executive. In law or constitution, he possesses great
powers and authority. But in practice he does not exercise them at all. They are
really exercised by the prime minister or the cabinet. Hence he is merely a
nominal and titular head of the state. His position is constitutional and his
functions are only ceremonial. The real executive is the prime minister and the
cabinet ministers who exercise all his powers in his name. The king or Queen
of Britain, the PAKISTAN President under the 1956 and the original 1973
constitutions, and the Indian President are example of the nominal executive
chiefs, while the Prime Ministers and the Cabinets of these countries are the
real executives.
Single and Plural Executives:
A distinction is sometimes made between single and plural executives. A single
executive is one in which all executive powers are in the hands of one
individual usually called the president. Its example is the president of U.S.A. he
is helped by his ministers or secretaries they are not his colleagues but his
nominees. They follow the policy as determined and decided by him. The
plural or colleague executive is one in which two or more persons exercise
executive power. The seven members Swiss Federal Council is the best
example of the plural executive because each member is independent of the
other members in deciding and administering his departmental affairs. There
are several historical examples of plural executive like the two kings of Sparta
in ancient Greece the two consuls in ancient Rome the Directory of French
Revolution during 1795-99.
Its MERITS AND DEMERITS:-
The single executive has the merit of unity, promptness of decision, energy,
singleness of purpose and direction which are the necessary characteristic of
the executive organ of the State. It shows efficiency, responsibility and
initiative in governmental work and policy. But it also suffers from some
defects and dangers. It may cause oppression and tyranny, as the single chief
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executive is not responsible for his authority to a cabinet or parliament. As
LORD ACTON said, all powers corrupt and absolute power corrupts
absolutely. It also leads to irresponsibility and dictatorial rule.
The plural executive has several merits. It furnishes a better check on the
oppression and abuse of power by the executive. The Swiss are quiet and placid
people wedded to a slow routine of a social and political change if any at all.
This shows that the form of an executive suits the position which a nation has
itself adopted.
Hereditary, Elective and Nominal Executive:
Yet another method for classifying the executive is the mode of choice of the
head of the state. It is done in the three of the general ways: by hereditary
succession, by election and by nomination of selection.
o Hereditary Executive:
Hereditary executive is associated with the monarchial form of government.
The term of office is long life and the office goes according to the law of
primogeniture. It is the oldest way of choosing the head of the state, whether
a king or emperor. But it now exists only in quite a few countries where
monarchy has become constitutional like Britain, Japan or other countries
which have made no constitutional progress like Saudi Arabia and other
politically backward countries. In advanced countries like the U.K or Japan
the monarch is merely the nominal and titular head of state exercising none
of the executive powers which are legally his. His office is thus removed
from party politics and effective power, which is the secret of its stability,
continuity and popularity as a national institution.
Elective Executive:
In present times many of the chief executives are elected. Three different ways
of elections are: direct election; indirect election; election by the legislature.
o Direct Election:
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The method of the direct election of the executive by popular vote
represents the opposite principle to that of the hereditary method. In
some countries the chief executive, the President is elected by the
popular vote. Example: CHILE.

o Indirect election:
Indirect election is more common. In this case the people elected an
electoral college, the members of which then choose a man or woman to
be the chief executive or president. For example: the president of
ARGENTINE Republic, the Presidents of the U.S.A, PAKISTAN, and
INDIA etc.
ADVANTAGES:
It is claimed that the method of indirect elections has greater advantages
than that of direct elections. It avoids the tumults and convulsions, tensions
and excitement of the direct elections. It leads to more intelligent choice
because it is made by the small body of persons who are better qualified to
judge than are the masses. It is desirable, writes HAMILTON while
commending the indirect method of electing the American President, that
the immediate election should be made by men most capable of analyzing
the qualities adapted to the condition. A small number of people elected by
their fellow citizens from the general masses will be most likely to possess
the information and discernment requisite to so, complicate an
investigation.
DEFECTS:
In practice it no more remain indirect. In many cases the indirect election of
the chief executive has become direct election by popular vote. This change
has been brought by the rise of the political parties. Party discipline has
reduced the electors to mere party puppets with no discretion or
independence of judgment. They are pledged to vote for the Partys
candidates. It has now the defect and drawback of direct election, namely the
tumults, convulsions and excitements. In which millions upon millions of
dollars are wasted on a very expensive national pageantry.
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o Election by the Legislature:
Election by the legislature is a type of indirect elections, in which instead of
the specially elected representatives. The member of the legislature
constitutes the electoral college to choose the chief executive. In present
times most of the countries have adopted this method such as
SWITZERLAND, INDIA and PAKISTAN. In Switzerland the federal
executive council is elected by the federal Legislation. In India as well as in
Pakistan President consists of the members of the Central Legislation and of
the elected member of the state or provincial legislature as in Pakistan.
DEMERITS:
This method has too certain shortcomings. It violates the principle of the
separation of the powers. It entrusts the law making body with the duty of
electing the executive chief. This endangers the smooth working of the
government. Moreover that the members of the legislative council are better
judges of the qualities of the Presidential candidates is also falsified by the
fact that their judgments and votes are rigidly controlled by the parties to
which they belong. The candidate who owes his office to legislative votes
becomes subservient to this body as well thus subordinating the executive to
the legislature.
MERITS:
Nevertheless this method is free from many of the defects of the two
methods of the direct and indirect elections. The members of the legislature
are far better qualified to elect the chief executive than the masses of voters
or a body or intermediate electors. They are directly concerned with the
public affairs and personally acquainted with the leading Statesman who
stands as candidates for the presidency. Moreover it also ensures the
harmony and cooperation between the legislative and executive departments,
because the elected President necessarily belongs to or is supported by the
majority in legislature.
Nominated Executives:
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Another method of choosing the executive is by selection or nomination made
by the superior authority. Obviously this method is use in those countries which
are dependencies, colonies or dominion of an imperialist country. For instance
the Governor General of British India were selected and appointed by the
British Crown. But this method is not possible in sovereign and independent
states. It is however very useful for appointing subordinate executive officials
like the governor of the provinces or component states and various divisional
and district officials for instance commissioner, Deputy Commissioner etc. the
chief defect of this method is that it lends itself to nepotism and which can
however be remedied by means of the competitive examinations, public service
commissions, or by advisory committees.
Conclusion:
Executive is the second organ or department of the government. As
government is the agency of maintaining the law and the order situation in the
country. It involves almost all the departments of the government and also
plays a part of the accountability between the government and the officials of
the government. Beside efficiency and merits it also contains some demerits as
it involves the concept of the nepotism and corruption as well. It is also
accountable to the legislature for their services and works as well. It perform
many hastily functions in the government sector for the implementation of law
and maintaining peaceful situation in a country.







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End Notes:
1. Mazhar-ul-Haq, political science theory and practice (Lahore: Book land 2003-09), 441
2. IBID,442
3. Athar Ismail, study of politics (Lahore: officer academy,2001), 351
4. IBID,352
5. A. Appadorai, The substance of politics (India at diocesan press: Oxford University
press,1952), 501
6. IBID, ch.XXIX, 502


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Bibliography:
1. Appadorai, the substance of politics, UK, Oxford University Press, 1952
2- H.Mazhar, political science theory and practice, Lahore, book land, 2009
3- I.Athar, the study of politics, Lahore, officer academy CSS, 2001