Three Organs Of Government

Three organs of Government • Every government in modern times work with the help of three organs • They are the principal organs of modern government- constitutionalism • Effective and efficient governance is the expectation of every civilised society • A government normally functions by dividing its functions between its organs • Government is an agency, machinery or the magistracy

Legislature • Looking at various organs of government in a democratic state, the legislature enjoys legal superiority over the rest. But in actual practice it has been loosing ground……. • In a parliamentary form of government legislature determines who shall govern. It is a public forum, where the actions of government can be debated, repudiated and upheld • The role of legislature cannot substitute with any other organ in a democratic society

Meaning • Rule making department • Commonly known as parliament • Parliament meant ‘a talk’, derived from the French word parles and the Latin word Parliamenuni • They are often known by the quality of their legislation • Representation of people

Nature and functions • The formulation of legislature may vary from country to country • It not only make laws but also can be amend and repeal them • The will of the people is expressed through the laws of the state • The life of the people is bound to be affected by the nature of laws passed by the legislature

Functions • Make laws in accordance with procedure prescribed for that purpose • Discusses various matters of public concerns- formulates domestic, foreign and fiscal policies • The legislature holds the strings of the of the purse. –they have absolute control over financial functions- the budget • Control over executive- there is direct link in parliamentary form- no-confidence. In a Presidential form the higher appointments and the treaties made by the President are subject to the ratification of the upper chamber of the Congress • Investigation committees • Declare war and conclude peace

• Collect information – inquires • Upper chamber vested with some judicial powers- HL- the highest court of appeal, Senate sits as a court of impeachment for the trial of the President • Constitutional amendment • Electoral functions • Impeaching judicial officers-misbehaviour and incapacity

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It function as an organ of public opinion It is properly constituted Mirror of people’s opinion It is not merely a law making body. It also play an effective role in other areas • It exercises variety of other functions, electoral, judicial and executive

Functions- Case studies • Sovereign British Parliament • Powerful US Congress • Powerless Cortes of Spain The examples shows that the functions of legislature may vary from state to state depends on the nature, structure and constitutional functions • Choose the head of the state • It influences the function and governmental behaviour • The legislative bodies all over the world make use of the committee system for sake of efficiency of work

The structure of legislature • The organisation or structure of legislature also varies in its formation • The legislature always tries to balance the conflicting interest -social • Because normally it is believed that legislature should represent the interest of all sections of the people • Broadly , we can classify the legislature into unicameral and bicameral • Most of the modern legislatures are divided into two chambers and it is known as bicameral

Bicameralism- two chamber legislature • The two chambers of the legislature can be 1. Directly and popularly elected lower chamber 2. Differently constituted second chamber The development of two chambers is a result of historical accident (England)- middle ages different estates, then three spiritual lords, temporal lords….. In other countries it has been deliberately adopted Modern era of constitutionalism the bicameralism became the common feature

Advantages of Bicameralism • It has a healthy effect on the modern democratic system • It is a safeguard against the despotism or radicalism of a single chamber. This puts a psychological check which is all for the good effective barrier • It balance the interest • It has a check on hasty legislation- rash and ill considered legislation • Crystallization of public opinion; the reference of the bill to the second chamber gives ample opportunity to the public to express their views about it before it is finally adopted

• It restraint the despotism of lower chamber • It is a relief to the lower chamber- it saves lot of time of the popular house • It provides an opportunity or representation to special interests-adequate representation to minorities, different sections, vested interests • Essential for federal system • Protection against the tyranny of the majority party • It helps the consideration of a question from various points of view • More scope for passion and emotion • Finally the second chamber enables the legislation to attain the perfection

Disadvantages • Despite its popularity, bicameralism is vehemently opposed by many critics • Will of the people panelized • Either mischievous or super flows • No need of revisionary chamber • Despotism restrainable through other means • Dissimilar interests not properly protected • Federalism not adequately supported with bicameralism • It is a fortress of conservatism • Highly wasteful • Gradual decline/not of much utility • There is no uniformity in its formation

Unicameralism • Having a single legislative chamber • Some argue that in a unitary state or small state or communist states the uni-cameral legislature is preferred • Political scientist analyzes it is comparatively simple, efficient and free from deadlock • Greater chance of unity • No rivalry or conflict • Do the things without hindrance • Speed • Ensures a liberal and progressive government

• Mirror of national mind • Not expensive

Disadvantages • • • • •

Tyranny of single chamber Hasty legislation Driven by passion and emotions Absence of minority representation The brilliant minds may not get chance to sit in legislative body

Conclusion