Relationship between executive & legislative in a parliamentary form of government differ from that in a presidential form of government:
Montesquieu and Blackstone maintained that the three organs of govern¬ment should be kept separate and distinct and one should have no relation with the other.
But strict separation of powers is neither desirable nor practicable. The government is an organic unity and the legislature and the executive must work in co-operation and collaboration.
Executive & legislative relation in Parliamentary form of Government:
1. The executive is not separated from the legislature. The members of council of ministers are the members of legislature.
2. The executive is accountable to the legislature. The executive loses power when it loses the confidence of the legislature. There is less of separation of powers in the Parliamentary government.
3. One person is head of state while another person Prime Minister is head of government & executives.
4. The Prime Minister can appoint only the members of parliament/legislators as minister.
5. The tenure of the executive is not fixed. The Council of Ministers is dismissed if it loses the confidence of the legislature before its tenure is over.
6. The executive head may address the legislature at any time, especially under the cabinet form of government. The sessions of the legislature open with the speech of the chief executive head.
7. The legislature controls the executive through a vote of no-confidence.
8. The chief executive head in all parliamentary governments has the power to summon and prorogue both the Houses of the legislature. He may also dissolve the Lower House and order for fresh elections.
9. Executives have more or less complete control over the legislative work of the legislature.
10. Executives exercise powers of 'delegated legislation. The parliament makes laws in general broad terms and delegates the powers to the executive to fill in the details.
11. Executives control the finance, prepare the budget and present it to the Parliament.
12. The Bills passed by the legislature are submitted to the chief executive head for final approval. A Bill cannot become an Act unless it has been consented by him.
Executive & legislative relation in Presidential form of Government:
1. The executive is completely separated from the legislature. The members of executive are not the members of the legislature.
2. The executive is not accountable to the legislature. The legislature cannot remove the executive from power through no-confidence motion.
3. One-person is head of the state as well as the head of government/executives.
4. The President appoints persons from outside the legislature as minister.
5. Executive has a fixed tenure normally, the executive head (President) stays in power for the whole term. It is not easy to remove him from power through impeachment.
6. As there is no accountability of the executives to the legislatures, the Presidential government is too democratic. The executive has very little direct control over legislation.
7. Certain legislatures perform some direct executive functions as for example; the Senate of the United States shares with the President his power of making appointments and treaties.
In fact, the executive provides leadership to the legislature whether it is cabinet system or presidential one. The U.S. President is not only chief executive but also has become the 'chief legislator' too. The executive initiates, formulates and explains the legislative and financial policy and urges the parliament to accept it.
In fact, in democracies, the general principle has come to be accepted that legislature performs one function, that is, to elect the executive and then entrust it with powers. It exercises only supervision lest the executive betrays the trust.
These arc thus two wheels of the c art of the state and must move in harmony and co-operation. The executive has, in practice, become more powerful.
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Department of Law
Daffodil International University