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SEMESTER – III
ROLL NO.:
RANCHI
AT: NAGRI, PO: BUKRU, PS: KANKE
(a) Law-Making:
A bill passed by the legislature, however, cannot be law unless it obtains the Asser of
the head of state. He has the power to veto a bill or send it back to the legislature
reconsideration.
The head of state (President in A India, and King or Queen in Britain) has the power
to summon and prorogue the legislature. In India, for examples, he can dissolve the
lower house of the legislature recommendation of the council of ministers.
When the national legislature is not in session head of state can promulgate
ordinances to meet exigencies. The ordinance has force as law. It has to be placed
before the legislature for approval when it meets passed by the legislature, it becomes
a law.
For lack of time and technical competence, the le delegates the power to make
detailed laws and regulations to the executive. The volume of such ‘delegated
legislation’ has increased in recent years.
CONCLUSION
It can be argued that there is no natural distinction between executive and legislative
forms of government: legislation that is passed must always be executed, and much
executive action requires new laws. As such, the division can be said to be an
artificial one. This is borne out by the fact that there is currently no constitutional
system which has a complete separation of powers where there is a distribution of the
three functions among three independent organs with no overlapping or cross-
coordination. In parliamentary systems such as India, the three “powers” are not
separated (although the judiciary is independent). However, this has not threatened
Indian stability, because the strong tradition of parliamentary sovereignty serves the
purpose of limiting executive power. Alternatively, if the executive branch is granted
few powers, there is the danger of political gridlock. When the executive cannot
control or cannot operate alongside the legislature, then government action to solve
society’s problems can be limited. Political scientists have also noted the tendency
for separation-of-power systems, especially those with strong executives, to develop
into two-party systems. As the executive is as a “winners-take-it-all” position, voters
and lobby groups tend to adopt a strategy of supporting their preferred choice from
the two leading candidates, the perception being that a vote or donation to a third-
party candidate is a waste. As the executive is usually considered the most important
position in government, members of the legislature will coalesce into groups
supporting the two dominant executive candidates. The categories of the functions
and corresponding powers of government are inclined to become blurred when it is
attempted to apply them to the details of a particular constitution. Some hold that the
true distinction lies not in the nature of the powers themselves, but rather in the
procedure by which they are exercised. Sometimes systems with clearly defined
separation of powers are difficult for the average person to understand, resulting in a
nebulous political process and leading to a lack of engagement. Proponents of
parliamentary systems claim that they make it easier to understand how “politics is
done” by providing a clearer view of who does what, who is responsible for what,
and who is to blame. This is important when it comes to engaging the people in
political debate and increasing citizens’ interest and participation in politics.
However, for a parliamentary system to work effectively, institutional arrangements
such as fair electoral laws, freedom of the press, independent courts, due process, and
the independence of the Houses of Parliament must be so designed as to prevent
executive supremacy over the legislative and judicial branches while also
encouraging a culture of public debate, open government, accountable office holders,
and policy contestability and compromise, rather than a culture of “winner takes it
all” political domination.