Assignment No: 01

An assignment on three organs of Government

Course code: 102
Course name: Public Administration

Submitted to:
Kaniz Fatema
Lecturer,
Department of Public Administration,
Shahjalal University of Science of Technology,
Sylhet-3114
Date:
27th march 2011
Submitted by:
Chandan Das
Reg. No: 2010731044
Department of Business Administration
(1st Year 1st Semester)
Sylhet-3114.

Department of Business Administration

Shahjalal University of Science and Technology,
Sylhet-3114.

Government is process of governing. It is the use of power derived from the law that is
approve by the legislature. It is means, methods, manners, or system of governing society
and organization. Government is o0ne of the most essential attributes of a state. We
cannot have a clear idea about a sate without it. Burke has said Government is one of the
inventions of human knowledge through which the human being fulfill his desires.
There are three organs of Government: 1. Legislature 2. Executives 3. Judiciary. These
three organs of the government are closely related to one another, because legislature
makes the law, the executive implements them and the judiciary interprets them. All of
these are described below:
Legislature: Legislature is a law making branch of government. In all most all the
countries, legislature is available for making laws. In democracy, the importance of
legislature is still more. For law making most of the countries have two houses of
legislature, while few countries have one house. Legislature can initial and rescind laws
and is the only authority able to approve proposed law. Although the constitution allow
persons or agencies of the executive branch to propose law. In a democracy the following
are the function of legislature:
1. Law making
2. Control over the budget
3. Control over the executive
4. Judicial
5. Electoral
6. Amendment of the constitution
7. A mirror of constitution
8. Right to legislature to remove the judge

Executive: It is the second administrative arms of government. In ancient times the

executive used to make the implement laws and it also awards punishment to the law
breakers. It operates implements and enforces all the law created by the legislative
branch, from time to time by judiciary.
According to Dr. Garner In a board and collective sense, the executive organs embraces
the aggregate or totally of all the functionaries the state that will has formulated and
expressed in terms of law. The functions of the executive are not the same everywhere.
The function of the executive are depends on the government. In dictatorship, the
functions of the executive are different from those in democracy. Ordinarily, the
following are the function of executive:
1. Administrative
2. Legislative
3. Military function
4. Foreign relation
5. Financial functions

Judiciary: It is an third important administrative of organ government. It mainly award

punishment for the violation of the laws, while the laws are made by legislature
&implemented by executive.
Today in all democratic countries the independence of judiciary is considered essential so
that the fundamentals rights of the people are protected. That is why in democratic
countries, judiciary is considered the guardian of the freedom of the people and also of
the constitution.
A society without legislature organs is conceivable and indeed, fully developed
legislative organs did not make their appearance in the life of the sate until modern times,
but a civilized state without judicial organs are hardly conceivable. Thus judiciary is
essential. According to Dr. Garner There is no better test of excellence of a government
than the efficiency of its judicial system for nothing more nearly touches the welfare that
he can rely on the certain and prompt administration justice. There will be widespread
injustice in the society if the judiciary is not appearing in the society. Therefore, the
judiciary is essential for maintaining peace and imparting justice and also for the
enjoyment of fundamentals rights. The following re the function of the judiciary:
1. It interprets the laws
2. Protector of civil rights
3. Decides the cases
4. Custodian of fundamental rights
5. Guardian of the constitution
6. Advisory
7. Miscellaneous function
All the three organs of government legislative, executive, and judiciary are equally
important for the people of the society. Among them have an interrelationship about their
function, feature or something like that. The relationships among the three organs of the
government are given below:
The relationship among the three organs of the government: these three organs of the
government are closely related to one another. The legislature makes the law, the
executive implements them and the judiciary interprets them and award s punishments for
the violation of the laws.
In our country a parliamentary form of government has been established. In a
parliamentary government the executive is under the control of legislature. Similar is the
situation in our country. In our country the executive is responsible to the parliament and
the parliament can remove the executive by a non-confidence motion. It can also ask
question s and supplementary question. The executive has also sufficient influence over
the parliament because the prime minister begins the leader of the majority party in the
parliament.
In modern times the most important function of legislature law making. Ordinary bill can
be introduced by the members of the parliament and by the minister while money bills

can be introduced only by the minister in the lower house. The executive prepares bills
and introduced them in the legislature. The legislature can be majority vote accept or
reject any bill. The members of the legislature or the parliament enjoy full freedom of
speech and also of criticism of the politics of the government.
The legislature has control over the budget of the executive and without its approval the
executive cannot spend even a single paisa. In parliamentary government the legislature
or the parliament exercises full control over the executive or council of minister. The
parliament has the right to ask question or supplementary question to the cabinet. In
certain countries the legislature has to perform certain judicial function.
Thats way the three organs are related with each other.

Judiciary: It is an third important administrative of organ government. It mainly award

punishment for the violation of the laws, while the laws are made by legislature
&implemented by executive.
Today in all democratic countries the independence of judiciary is considered essential so
that the fundamentals rights of the people are protected. That is why in democratic
countries, judiciary is considered the guardian of the freedom of the people and also of
the constitution.
A society without legislature organs is conceivable and indeed, fully developed
legislative organs did not make their appearance in the life of the sate until modern times,
but a civilized state without judicial organs are hardly conceivable. Thus judiciary is
essential. According to Dr. Garner There is no better test of excellence of a government
than the efficiency of its judicial system for nothing more nearly touches the welfare that
he can rely on the certain and prompt administration justice. There will be widespread
injustice in the society if the judiciary is not appearing in the society. Therefore, the
judiciary is essential for maintaining peace and imparting justice and also for the
enjoyment of fundamentals rights. The following re the function of the judiciary:
1. It interprets the laws
2. Protector of civil rights
3. Decides the cases
4. Custodian of fundamental rights
5. Guardian of the constitution
6. Advisory
7. Miscellaneous function
Function of the judiciary:
1. It interprets the laws: A number of cases are brought before the judges in which
the question of the interpretation of the laws arises, because in such cases the law
is not clear. Even such matters are brought before them in which the laws are
silent. In these cases or matters the judges give their decisions. Later, these
decisions are quoted in similar cases. In this way the courts expands the laws in an
indirect manner.
2. Protector of civil rights: people are given many rights by the state through the
laws of the parliament. The courts protect these rights.
3. Decides the cases: many cases relating to the disputes between the citizens or
between the government and the citizens are brought before courts. The courts
give their decisions on such disputes.

4. Custodian of fundamentals rights: In modern times many countries grant

fundamentals rights to the people in the constitution. The supreme courts there act
as the custodian of these rights. It is the duty of courts to protect the rights of the
government. Our high court and Supreme Court have many cases in which the
question of the violation of the fundamentals rights was involved.
5. Guardian of the constitution: If a law passed by the parliament violates the
constitution that law shall be declared as void because the custodian is the highest
law of the land and it is the duty of the courts to protect it. For the protection of
the constitution, many laws have been declared illegal which violated any law or
any clause of the constitution.
6. Advisory: the judiciary branch acts as advisory body. The Supreme Court has
been given the right in the constitution to render advice on legal matters when
asked for by the president.

END